Legal Opinion
Bixler v. Foster
Court of Appeals for the Tenth Circuit
Decided February 22, 2010No. 09-2138PublishedCited by 383 opinions
1Opinion of the Court
TYMKOVICH, Circuit Judge.
This case was brought by minority shareholders of Mineral Energy and Technology Corp. (METCO), against its directors and lawyers. The complaint alleged that the defendants violated the civil Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-68, when they arranged to transfer METCO’s assets to an Australian corporation. The district court dismissed plaintiffs’ complaint for failure to state a claim, and they appeal.
We conclude that (1) the plaintiffs lacked standing under RICO to assert shareholder derivative claims; (2) allegations of…
2Cases cited38 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Warth v. SeldinSupreme Court of the United States · 1975
- Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
- H. J. Inc. v. Northwestern Bell Telephone Co.Supreme Court of the United States · 1989
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3Cited by383 opinions
- City of New York v. Mickalis Pawn Shop, LLCCourt of Appeals for the Second Circuit · 2011
- Tripodi v. WelchCourt of Appeals for the Tenth Circuit · 2016
- Niemi v. LasshoferCourt of Appeals for the Tenth Circuit · 2014
- Knight v. Mooring Capital Fund, LLCCourt of Appeals for the Tenth Circuit · 2014
- Diversey v. SchmidlyCourt of Appeals for the Tenth Circuit · 2013
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