Legal Opinion

Pikk v. Pedersen

Court of Appeals for the Tenth Circuit

Decided June 20, 2016No. 15-4001PublishedCited by 19 opinions

1Opinion of the Court

HARTZ, Circuit Judge.

Plaintiffs, shareholders of ZAGG Inc., a publicly held Nevada corporation, filed a shareholder-derivative action seeking damages, restitution, and other relief for ZAGG. They alleged that past and present officers and directors of ZAGG violated § 14(a) of the Securities Exchange Act of 1934, breached their fiduciary duties to ZAGG, wasted corporate assets, and were unjustly enriched. The district court dismissed the suit on two alternative grounds: (1) Plaintiffs filed suit before presenting the ZAGG Board of Directors (the Board) with a demand to bring suit and they…

2Cases cited36 opinions

  1. Adler v. Wal-Mart Stores, Inc.Court of Appeals for the Tenth Circuit · 1998
  2. Kamen v. Kemper Financial Services, Inc.Supreme Court of the United States · 1991
  3. Palmer v. HoffmanSupreme Court of the United States · 1943
  4. Aronson v. LewisSupreme Court of Delaware · 1984
  5. Liparota v. United StatesSupreme Court of the United States · 1985

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3Cited by19 opinions

  1. Shell Oil Company v. United StatesCourt of Appeals for the Federal Circuit · 2018
  2. City of Cambridge Retirement v. ErsekCourt of Appeals for the Tenth Circuit · 2019
  3. Branzan Alternative Investment Fund, LLLP v. Bank of New York Mellon Trust Co.Court of Appeals for the Tenth Circuit · 2017
  4. Goodwind Development Corporation, Plaintiff-Counterclaim Defendant-Appellant/Cross-Appellee v. West Bay Corporation and 21st Century Corporation, Defendants-Counterclaimants-Appellees/Cross-AppellantsSupreme Court of Guam · 2025
  5. Bowman v. FriedmanDistrict Court, D. New Mexico · 2022

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