CA, Inc. v. AFSCME Employees Pension Plan

JACOBS, Justice.

This proceeding arises from a certification by the United States Securities and Exchange Commission (the “SEC”), to this Court, of two questions of law pursuant to Article IV, Section 11(8) of the Delaware Constitution 1 and Supreme Court Rule 41. On June 27, 2008, the SEC asked this Court to address two questions of Delaware law regarding a proposed stockholder bylaw submitted by the AFSCME Employees Pension Plan (“AFSCME”) for inclusion in the proxy materials of CA, Inc. (“CA” or the “Company”) for CA’s 2008 annual stockholders’ meeting. This Court accepted certification on…