Legal Opinion
Lukas Ex Rel. Miller Energy Resources, Inc. v. McPeak
Court of Appeals for the Sixth Circuit
Decided September 19, 2013No. 12-6285PublishedCited by 15 opinions
1Opinion of the CourtCole, J., joined by Siler, J.,
DOWD, D.J. (pp. 641^15), delivered a separate dissenting opinion.
OPINION
COLE, Circuit Judge.
Plaintiff-Appellant Patrick P. Lukas appeals the dismissal of his derivative suit on behalf of Miller Energy Resources, Inc. (“Miller”). The district court, applying Tennesee law, dismissed Lukas’s derivative suit against Miller and nine of its directors because Lukas brought suit without first making a demand on the Miller Board of Directors to pursue this action, as required by Tennessee law. Lukas argues that the district court erred in rejecting his argument that, under Tennessee law, he was…
2Cases cited22 opinions
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Aronson v. LewisSupreme Court of Delaware · 1984
- Brehm v. EisnerSupreme Court of Delaware · 2000
- Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
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3Cited by15 opinions
- Christian Kreipke v. Wayne State UniversityCourt of Appeals for the Sixth Circuit · 2015
- The Keene Group, Inc. v. City of Cincinnati, OhioCourt of Appeals for the Sixth Circuit · 2021
- Carolyn Trombley v. Seterus, Inc.Court of Appeals for the Sixth Circuit · 2015
- Horizon Lawn Maintenance, Inc. v. Columbus-Kenworth, Inc.District Court, E.D. Michigan · 2016
- White v. Sherman Financial Group, LLCDistrict Court, E.D. Tennessee · 2013
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