Legal Opinion
In Re Sonus Networks, Inc. Shareholder Derivative
District Court, D. Massachusetts
Decided March 31, 2006No. CIV.A.04-10359 DPWPublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WOODLOCK, District Judge.
The issue before me is whether a determination in state court shareholder derivative litigation — that the failure to make demand upon directors may not be excused — precludes different shareholder plaintiffs in a parallel federal derivative suit from relitigating the question of demand futility. I find that it does and accordingly will dismiss this case.
The plaintiffs, as shareholders of Sonus Networks, Inc. (“Sonus” or the “Company”), bring this federal derivative litigation on behalf of the Company arising out of alleged misconduct and…
2Cases cited50 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Allen v. McCurrySupreme Court of the United States · 1980
- Montana v. United StatesSupreme Court of the United States · 1979
- Kamen v. Kemper Financial Services, Inc.Supreme Court of the United States · 1991
- Bernhard v. Bank of America National Trust & Saving AssociationCalifornia Supreme Court · 1942
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3Cited by11 opinions
- In Re Sonus Networks, Inc.Court of Appeals for the First Circuit · 2007
- West Coast Management & Capital, LLC v. Carrier Access Corp.Court of Chancery of Delaware · 2006
- Henik Ex Rel. LaBranche & Co., Inc. v. LaBrancheDistrict Court, S.D. New York · 2006
- Depianti v. Jan-Pro Franchising International, Inc.District Court, D. Massachusetts · 2014
- Brandin v. DeasonCourt of Chancery of Delaware · 2007
6 more not listed; retrieve them via the Exa API.