Legal Opinion
Fed. Sec. L. Rep. P 96,813 Daniel E. Heffernan v. Pacific Dunlop Gnb Corporation, a Delaware Corporation, and Gnb Incorporated, a Delaware Corporation
Court of Appeals for the Seventh Circuit
Decided June 5, 1992No. 91-2762PublishedCited by 26 opinions
1Opinion of the Court
ESCHBACH, Senior Circuit Judge.
Litigation is an occupational hazard for corporate directors, albeit one that may often be shifted to the corporation through indemnification. In this diversity case, we consider whether Delaware law precludes a former director from obtaining indemnifica*371tion from the corporations he served. For the reasons that follow, we hold that the district court prematurely dismissed this case under Rule 12(b)(6) by concluding that it was one in which the director could prove no set of facts entitling him to indemnification. Accordingly, we reverse and remand for further…
2Cases cited14 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Citadel Holding Corp. v. RovenSupreme Court of Delaware · 1992
- Hibbert v. Hollywood Park, Inc.Supreme Court of Delaware · 1983
- Fed. Sec. L. Rep. P 97,372 Henry T. Sanders v. John Nuveen & Co., Inc., Investors Diversified Services, Inc. And Investors Syndicate of America, Inc.Court of Appeals for the Seventh Circuit · 1980
- Ballay v. Legg Mason Wood Walker, Inc.Court of Appeals for the Third Circuit · 1991
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Witco Corp. v. BeekhuisCourt of Appeals for the Third Circuit · 1994
- Bernstein v. TractManager, Inc.Court of Chancery of Delaware · 2007
- Adelphia Communications Corp. v. Rigas (In Re Adelphia Communications Corp.)United States Bankruptcy Court, S.D. New York · 2005
- Pacific Dunlop Holdings Incorporated, a Delaware Corporation v. Allen & Company Incorporated, a New York CorporationCourt of Appeals for the Seventh Circuit · 1993
- Sherman v. American Water Heater Co., Inc.Court of Appeals of Tennessee · 2001
21 more not listed; retrieve them via the Exa API.