Curtis v. Nevens

I. INTRODUCTION

In this original proceeding involving a shareholder's derivative suit, we address the seope of the trial court's review when asked to approve the appointment of a special litigation committee ("SLC") before the committee has begun its investigation. Recently, in Hirsch v. Jones Intercable, Inc., 1 we held that the trial court's review of the committee's work and recommendation must be deferential and limited to an inquiry into the independence and good faith of the committee and the reasonableness of its procedures.

Here, the trial court, after finding the committee to be…