Legal Opinion
Westinghouse Elec. Corp. by Levit v. Franklin
District Court, D. New Jersey
Decided April 21, 1992No. Civ. A. 88-5260PublishedCited by 5 opinions
1Opinion of the Court
OPINION
BROTMAN, District Judge.
Presently before the court is the motion on behalf of all defendants to dismiss Count I of the complaint for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, and to dismiss Counts II and III of the complaint for failure to make an adequate pre-suit demand or to adequately allege with particularity why demand should be excused as required by Rule 23.1 of the Federal Rules of Civil Procedure and applicable state law.
I. FACTS AND PROCEDURE
Plaintiffs Joseph H. Levit and George M.D. Richards bring this federal securities law…
2Cases cited38 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
- TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976
- J. I. Case Co. v. BorakSupreme Court of the United States · 1964
- Santa Fe Industries, Inc. v. GreenSupreme Court of the United States · 1977
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3Cited by5 opinions
- General Electric Co. v. CathcartCourt of Appeals for the Third Circuit · 1992
- In Re MobileMedia Securities LitigationDistrict Court, D. New Jersey · 1998
- In Re Browning-Ferris Industries, Inc. Shareholder Derivative LitigationDistrict Court, S.D. Texas · 1993
- Westinghouse Electric Corp. v. B.H. FranklinCourt of Appeals for the Third Circuit · 1993
- Westinghouse Electric Corp. v. FranklinCourt of Appeals for the Third Circuit · 1993