Oppression Remedy

News & Analysis as of

The Texas Supreme Court Decision in Ritchie v. Rupe

On June 20, 2014, the Texas Supreme Court issued its opinion in Ritchie v. Rupe, 2014 Tex. LEXIS 500 (Tex. 2014). In Ritchie, a minority shareholder in a closely held corporation attempted to force the majority shareholders...more

Texas Supreme Court's Recent Shareholder Oppression Opinions Reaffirm Primacy of Common Law Fiduciary Duties Under Gearhart

In three recent cases, the Texas Supreme Court has made it clear that for claims of "minority shareholder oppression" — essentially, acts of a majority shareholder group that are harmful to a minority shareholder without...more

Oppression Remedy Claims: Condo Beware

A recent decision from the Ontario Superior Court of Justice sheds some new light on the broad discretion the Court has when making orders pursuant to the oppression remedy and serves as a warning to Boards considering...more

Derivative Actions

The powerful but infrequently-used remedy known as the "derivative action” permits a shareholder or other complainant to advance an action on behalf of the corporation when the corporation refuses to bring the action itself....more

Oppression Remedy & Creditors

As we have discussed before, the oppression remedy is a potentially powerful tool, which can be used in a range of circumstances by a variety of corporate stakeholders, including shareholders, directors and officers, and...more

Recent Shareholder Oppression Case Uncovers Family Business Disputes

Wisniewski v. Walsh, an interesting unpublished decision by a New Jersey appellate court, involves more than 10 years of a family dispute over a business. The litigation covers a wide range of issues, including how siblings,...more

Note to Majority Shareholders in Iowa - Don't be Oppressive.

The Iowa Supreme Court recently adopted a reasonableness standard for the adjudication of minority shareholder claims of oppression under the Iowa Business Corporations Act....more

The Oppression Remedy

A corporation or company is a legal entity. That means it has the same rights and abilities as person. Problems arise in that corporations involve the interests of many individuals, whether they be its shareholders,...more

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