Legal Opinion

In Re Brocade Communications Systems, Inc. Derivative Litigation

District Court, N.D. California

Decided January 6, 2009No. C 05-02233 CRBPublishedCited by 25 opinions

This document relates to ALL ACTIONS.

1Opinion of the Court

ORDER ON MOTIONS TO DISMISS

CHARLES R. BREYER, District Judge.

I. Introduction

This matter began as a shareholders’ derivative action brought on behalf of Brocade Communications Systems, Inc. (“Brocade” or the “Company”) against certain of its former officers and directors. Defendants were allegedly involved in a scheme to manipulate stock option grant dates so as to maximize profits to themselves at the expense of the Company. The original shareholder plaintiffs asserted violations of state law, including breaches of fiduciary duties and unjust enrichment. See Verified Derivative Complaint ¶ 1…

2Cases cited62 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Lopez v. SmithCourt of Appeals for the Ninth Circuit · 2000
  3. Papasan v. AllainSupreme Court of the United States · 1986
  4. Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
  5. Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990

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3Cited by25 opinions

  1. American Master Lease LLC v. Idanta Partners, Ltd.California Court of Appeal · 2014
  2. Dominion Energy, Inc. v. City of Warren Police & Fire Ret. Sys. Ex Rel. SituatedCourt of Appeals for the Fourth Circuit · 2019
  3. Brisbane Lodging, L.P. v. Webcor Builders, Inc.California Court of Appeal · 2013
  4. Carlucci v. HanDistrict Court, E.D. Virginia · 2012
  5. In re Wells Fargo & Co. S'holder Derivative Litig.District Court, N.D. California · 2017

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