Legal Opinion
Halebian v. Berv
Massachusetts Supreme Judicial Court
Decided August 23, 2010No. SJC-10641PublishedCited by 38 opinions
1Opinion of the CourtGants, J.
The United States Court of Appeals for the Second Circuit (Second Circuit) has certified to us, pursuant to SJ.C. Rule 1:03, as amended, 382 Mass. 700 (1981), the following question of State law:
“Under Massachusetts law, can the business judgment rule, established under Mass. Gen. Laws ch. 156D, § 7.44, be applied to a derivative complaint filed timely under section 7.42 but prior to a corporation’s rejection of the demand that serves as the basis for the suit?”
Halebian v. Berv, 590 F.3d 195, 214 (2d Cir. 2009). For the reasons we discuss below, the answer to the certified question is “Yes.” 2
2Cases cited23 opinions
- Hanlon v. RollinsMassachusetts Supreme Judicial Court · 1934
- Massachusetts Trustees of Eastern Gas & Fuel Associates v. United StatesSupreme Court of the United States · 1964
- Harvard Crimson, Inc. v. President & Fellows of Harvard CollegeMassachusetts Supreme Judicial Court · 2006
- Harhen v. BrownMassachusetts Supreme Judicial Court · 2000
- Lewis v. GravesCourt of Appeals for the Second Circuit · 1983
18 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Halebian v. BervCourt of Appeals for the Second Circuit · 2011
- Northstar Financial Advisors Inc. v. Schwab InvestmentsCourt of Appeals for the Ninth Circuit · 2015
- Sisson v. LhoweMassachusetts Supreme Judicial Court · 2011
- Commonwealth v. Hanson H.Massachusetts Supreme Judicial Court · 2013
- Globe Newspaper Co.Massachusetts Supreme Judicial Court · 2011
33 more not listed; retrieve them via the Exa API.