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Derivative Suit Res Judicata

Farrell Fritz, P.C.

Legal Déjà Vu: The Law of Preclusion and Re-Litigation of Standing-Based Dismissals

Farrell Fritz, P.C. on

Dismissals for lack of standing are routine in business divorce cases. Examples abound on this blog. Litigation over standing to sue takes an outsized role in business divorce cases for many reasons....more

Farrell Fritz, P.C.

Res Judicata: Avoiding Preclusion Confusion in Derivative Litigation

Farrell Fritz, P.C. on

A few weeks ago, my colleague Sonia Russo blogged about how shareholders seeking to bring successive derivative actions should be wary, since dismissal of a derivative action for failure to allege pre-suit demand or  demand...more

Farrell Fritz, P.C.

Res Judicata: Shareholders Get One Bite at the Derivative Suit Apple

Farrell Fritz, P.C. on

When filing a shareholder derivative suit, it‘s important to get the job done right the first time, as other shareholders may not get a second bite of the proverbial apple....more

Allen Matkins

When Demanding Inspection, Don't Overlook The Demand

Allen Matkins on

The wheels of justice turn slowly. Two years ago, I wrote about Judge Robert C. Jones's ruling in Weinfeld v. Minor, 2016 U.S. Dist. LEXIS 30117 (D. Nev. Mar. 8, 2016). In that ruling, Judge Jones tackled tackled the...more

Allen Matkins

Court Of Appeal Holds LLC’s Former Counsel May Represent Insider Defendants In Derivative Suit

Allen Matkins on

Derivative actions can be somewhat confusing. Although the entity is essentially the plaintiff, it is named as a defendant. Initially, one might question why must the corporation be named as a party? I can think of at...more

Allen Matkins

Court Finds Plaintiffs Are Not Privies

Allen Matkins on

Yesterday’s post noted that the plaintiff in a derivative suit is bringing claims on behalf of the corporation. Thus, when a derivative suit is dismissed, does that dismissal have any effect on other pending or subsequently...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more

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