Legal Opinion
Simon v. Becherer
Appellate Division of the Supreme Court of the State of New York
Decided April 27, 2004PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
Williams, J.
The question before us is whether, pursuant to Delaware law, the complaint in this shareholder derivative action should have been dismissed because plaintiffs failed to plead the requisite particularized facts establishing that a pre-suit demand on the corporation’s board of directors was excused because the board was not disinterested and independent and thus, that a demand for the board to pursue this action would have been futile.
The plaintiffs, five individuals and one corporation, all allegedly shareholders of nominal defendant J.P. Morgan Chase & Co.…
2Cases cited5 opinions
- Aronson v. LewisSupreme Court of Delaware · 1984
- Brehm v. EisnerSupreme Court of Delaware · 2000
- Rales v. Blasband Ex Rel. Easco Hand Tools, Inc.Supreme Court of Delaware · 1993
- In Re Baxter International, Inc. Shareholders LitigationCourt of Chancery of Delaware · 1995
- Wilson v. TullyAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by10 opinions
- Halpert Enterprises, Inc. Ex Rel. J.P. Morgan Chase & Co. v. HarrisonDistrict Court, S.D. New York · 2005
- Wietschner Ex Rel. JPMorgan Chase & Co. v. DimonAppellate Division of the Supreme Court of the State of New York · 2016
- David Shaev Profit Sharing Account v. CayneAppellate Division of the Supreme Court of the State of New York · 2005
- Asbestos Workers Philadelphia Pension Fund v. BellAppellate Division of the Supreme Court of the State of New York · 2016
- Trump v. ChengAppellate Division of the Supreme Court of the State of New York · 2009
5 more not listed; retrieve them via the Exa API.