Legal Opinion

American Sports Radio Network, Inc. v. Krause (In Re Krause)

Court of Appeals for the Ninth Circuit

Decided October 10, 2008No. 07-55131PublishedCited by 7 opinions

1Opinion of the Court

CERTIFICATION ORDER

Pursuant to Rule 5 of the Nevada Rules of Appellate Procedure, and as further explained below, we respectfully certify the following question to the Nevada Supreme Court:

Under Nevada law, may a domestic corporation whose charter has been revoked under Nevada Revised Statutes section 78.175(2) prosecute a lawsuit either (a) in its own corporate name or (b) through its directors? If not, is the defendant entitled to have such a lawsuit dismissed with prejudice, or must the plaintiff corporation first be given a reasonable opportunity to reinstate its charter? Cf . Executive…

2Cases cited8 opinions

  1. In Re Gilbert G. BEEZLEY, Debtor. Gilbert G. BEEZLEY, Appellant, v. CALIFORNIA LAND TITLE COMPANY, AppelleeCourt of Appeals for the Ninth Circuit · 1993
  2. Executive Management, Ltd. v. Ticor Title InsuranceNevada Supreme Court · 2002
  3. Brawders v. County of Ventura (In Re Brawders)Court of Appeals for the Ninth Circuit · 2007
  4. League to Save Lake Tahoe v. Tahoe Regional Planning AgencyNevada Supreme Court · 1977
  5. Metcalf v. Golden (In Re Adbox, Inc.)Court of Appeals for the Ninth Circuit · 2007

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3Cited by7 opinions

  1. Fund Liquidation Holdings LLC v. Bank of America Corp.Court of Appeals for the Second Circuit · 2021
  2. XP Vehicles, Inc. v. Department of EnergyDistrict Court, District of Columbia · 2016
  3. JPMCC 2007-CIBC 19 East Greenway, LLC v. Bataa/Kierland LLC (In re Bataa/Kierland LLC)District Court, D. Arizona · 2013
  4. In re: Darrel Linn MossUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  5. In re: Richard Stephen KvassayUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014

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