Legal Opinion
Kaster v. Modification Systems, Inc.
Court of Appeals for the Second Circuit
Decided March 27, 1984No. 231, Docket 83-7426PublishedCited by 30 opinions
1Opinion of the Court
MESKILL, Circuit Judge:
This is an appeal from the dismissal of a shareholders’ derivative suit by the United States District Court for the Southern District of New York, Lowe, J., pursuant to Fed.R.Civ.P. 12(b)(6). The suit was dismissed for failure to state a claim upon which relief could be granted because the complaint failed to allege with particularity that a demand had been made on the directors, or adequate facts to excuse a demand as required by Fed.R.Civ.P. 23.1.
We agree with the district court’s holding that the complaint did not meet the Rule 23.1 requirement. The court erred,…
2Cases cited21 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
- Leo Vine v. Beneficial Finance Company, Inc., and Charles H. Dowd, Stuart A. Wixson, George J. Springer, C. H. Donohue and Crown Finance Company, Inc.Court of Appeals for the Second Circuit · 1967
- Dorothy Elfenbein v. Gulf & Western Industries, Inc., and Stelux Manufacturing Co., and Bulova Watch Co., Inc.Court of Appeals for the Second Circuit · 1978
- Denny v. BarberCourt of Appeals for the Second Circuit · 1978
16 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Luce v. EdelsteinCourt of Appeals for the Second Circuit · 1986
- Luce v. EdelsteinCourt of Appeals for the Second Circuit · 1986
- Thomas M. Gaubert v. Federal Home Loan Bank BoardCourt of Appeals for the D.C. Circuit · 1988
- Samuel M. Feinberg Testamentary Trust v. CarterDistrict Court, S.D. New York · 1987
- Reiter's Beer Distributors, Inc. v. Christian Schmidt Brewing Co.District Court, E.D. New York · 1987
25 more not listed; retrieve them via the Exa API.