News & Analysis as of

Shareholder Lawsuit About Compensation Plan Derails Annual Meeting

Plaintiffs claim the company, a Delaware corporation, did not count abstentions as “no” votes when the most recent increase in the share reserve was put to the shareholders at a special meeting in February 2013, which as an...more

What Good Can Come From Letting The Indifferent and Undecided Hold Sway?

I’ve written many posts on the subject of voting because it seems so straightforward and yet turns out to be complex. In tackling any voting problem, it is important to know and understand the applicable voting rule. An...more

Ninth Circuit Issues First Amendment Ruling in Court Filings Access Case

On Tuesday, the Ninth Circuit issued an important opinion concerning the First Amendment in Courthouse News Service v. Michael Planet (Apr. 8, 2014 11-57187). Courthouse News Service (“CNS”) had filed the lawsuit against the...more

SCOTUS Confirms that Younger Abstention Is Appropriate in Only Three Exceptional Circumstances

In a unanimous decision released Tuesday, the U.S. Supreme Court held that federal abstention under Younger v. Harris, 401 U.S. 37 (1971) applies in only three “exceptional circumstances.” The Court previously identified...more

Abstention Trumps Arbitration In Tenth Circuit

The Tenth Circuit this week refused to consider a plaintiff’s substantive arguments about its right to arbitrate because it found abstention was appropriate under the Colorado River doctrine. D.A. Osguthorpe Family P’ship v....more

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