Forum: Business Organizations - Corporation Law

A. GAY JENSON FARMS CO. V. CARGILL, INC. 309 N.W.2d 285 (1981) PROCEDURAL POSTURE: Plaintiffs, 86 individuals, partnerships, or corporate...

A.P. Smith Mfg. Co. v. Barlow 98 A.2d 581 (1953) ProcedureDefendant stockholders sought review from the trial court (New Jersey), which...

AFSCME v. AIG, Inc. 462 F.3d 121 FactsThe American Federation of State, County & Municipal Employees (AFSCME) (P) is one of the nation's largest...

ALASKA PLASTICS, INC. V. COPPOCK 621 P.2d 270 (1980) PROCEDURAL POSTURE: Plaintiff, a minority shareholder in a close corporation, filed suit...

ARGUELLO V. CONOCO, INC. 207 F.3d 803 (5th Cir. 2000) PROCEDURAL POSTURE: Appellant minority consumers challenged an order of the United States...

Atlantic Salmon A/S v. Curran 591 N.E.2d 206 (1992) Fatcs:Curran (D) began doing business with Atlantic (P) in 1987. D dealt with P as Boston...

Auerbach v. Bennett 393 N.E.2d 994 (1979) Facts:General Telephone & Electronics (GTE) performed an internal investigation to determine whether...

Basic Inc. v. Levinson 485 U.S. 224 (1988) Facts:Harris Associates (D) advised the Oakmark complex of mutual funds. The plaintiffs owned shares...

Bayer v. Beran 49 N.Y.S.2d 2 (1944) Facts: The shareholders of Celanese (P) filed a derivative suit against the directors of the Celanese...

Benihana of Tokyo, Inc. v. Benihana, Inc. FACTS: Aoki founded Benihana of Tokyo ("BOT") (P) and its subsidiary, Benihana, Inc. (D), which owned...

Botticello v. Stefanovicz 411 A.2d 16 (1979) Facts: Maiy and Walter, a married couple, got a farm as tenants in common. Botticello (P) was...

Broz v. Cellular Information Systems, Inc. 673 A.2d 148 (1996) Facts: Broz (D) was the president and sole stockholder of KFBC, a corporation...

CHEFF V. MATHES 199 A.2d 548 (1964) PROCEDURAL POSTURE: Defendant corporate directors appealed a judgment from the trial court (Delaware) in...

Cheff v. Mathes 199 A.2d 548 (Del. 1964) Facts:The board of Holland Furnace Co. (D) consisted of seven members. Most board members also held...

Citadel Holding Corporation v. Roven 603 A.2d 818 (Del. 1992) Procedure:Plaintiff former director filed an action alleging that he was entitled...

Clark v. Dodge 199 N.E 641 (N.Y. 1936) Facts:Clark (P) owned stock in and was employed by two pharmaceutical companies. Dodge (D) owned the...

Coggins v. New England Patriots Football Club, Inc. 492 N.E.2d 1112 (Mass. 1986) Facts:Sullivan (D) bought an AFL franchise for $25,000, formed...

Cohen v. Beneficial Industrial Loan Corp. 337 U.S. 541 (1949) Facts: Cohen (P) was required under state statute to post security bond for...

Crane Co. v. Anaconda Co. N.E.2d 507 (N.Y. 1976) Facts:Crane (P) announced a proposal to exchange $100 million in subordinated debentures for 5...

CTS Corp. v. Dynamics Corp. of America 481 U.S. 69. PROCEDURAL POSTURE: Appellant, an Indiana corporation, challenged a decision of the United...

Day v. Sidley & Austin 394 F. Supp. 986 (1976) Facts: Day (P) joined Sidley & Austin (D) in 1938. His legal career was interrupted by WWII and...

Deutschman v. Beneficial Corp. 841 F.2d 502 (3d Cir. 1989) Procedural:Robert M. Deutschman appeals from a Fed.R.Civ.P. 12(b)(6) dismissal of his...

Dirks v. Securities & Exchange Commission 463 U.S. 646 (1983) Facts: Dirks (D), an officer of a New York brokerage firm that specialized in...

Doran v. Petroleum Management Corp. 545 F.2d 893 (5th Cir. 1977) PROCEDURE:Plaintiff appealed from the denial of relief by United States...

DWECK V.NASSER WL 2602169 (DeLCh. 2008) PROCEDURAL BASIS Chancery court consideration of the plaintiff's motion to enforce a settlement...

Eisenberg v. Flying Tiger Line, Inc. 451 F.2d 267 (1971) PROCEDURE:Appellant challenged the dismissal of his suit by the United States District...

Elf Atochem North America, Inc. v. Jaffari 727 A.2d 286 (Del. 1999) PROCEDURE: Plaintiff appealed an order of the Court of Chancery of the State...

Escott v. BarChris Construction Co. 283 F.Supp. 643 PROCEDURE: Plaintiffs brought an action under § 11 of the Securities Act of 1933, 15...

Essex Universal Corporation v. Yates 305 F.2d 572 (2d Cir. 1962) PROCEDURE: Defendant appealed grant of summary judgment to United States Court...

Farris v. Glen Alden Corporation 143 A.2d 25 (Pa. 1958) PROCEDURE: Defendant corporation challenged the decree of the Court of Common Pleas of...

Fenwick v. Unemployment Compensation Commission 44 A.2d 172 (1945) PROCEDURE:Appellant unemployment compensation commission sought review of a...

FISK VENTURES, LLC V. SEGAL 2008 WL 1961156 (Del. Ch. 2008) PROCEDURAL POSTURE: The chief executive officer of a limited liability company...

Fliegler v. Lawrence 361 A.2d 218 (Del. 1976) PROCEDURE: Plaintiff shareholder challenged an order of the Court of Chancery of Delaware, which...

Foremost-McKesson, Inc. v. Provident Securities Company 423 U.S. 232 (1976) PROCEDURE: Petitioner sought review of a decision from the United...

Frandsen v. Jensen-Sundquist Agency, Inc. 802 F.2d 941 PROCEDURE: Appellant minority shareholder sought review of the order of the United States...

Frigidaire Sales Corporation v. Union Properties, Inc. 562 P.2d 244 (1977) PROCEDURE: Petitioner contractor appealed from the judgment of the...

G & S Investments v. Belman 145 Ariz. 258, 700 P.2d 1358 (1984) PROCEDURE: Appeal from Superior Court of Pima County FACTS:G & S Investments...

Galler v. Galler 203 N.E.2d 577 PROCEDURE:Plaintiff challenged an order from the Appellate Court for the First District (Illinois) that...

General Automotive Manufacturing Co. v. Singer 120 N.W.2d 659 (1963) PROCEDURE: Defendant employee appealed a judgment from a trial court...

GILBERT V. COMMISSIONER 552 F.2d 478 (2nd Cir. 1997) PROCEDURAL POSTURE: Appellant taxpayer sought review of a determination by the tax court...

GLOBE WOOLEN CO. V. UTICA GAS & ELECTRIC CO. 121 N.E. 378 (1918) FACTS: Globe (P) owns two mills in Utica. Utica Gas (D) generates and sells...

Goodwin v. Agassiz 186 N.E. 659 PROCEDURE: Plaintiff appealed a final decree of the Superior Court of Massachusetts dismissing action regarding...

GORTON V. DOTY 69 P.2d 136 (1937) PROCEDURAL POSTURE: Plaintiffs, father and son, brought suit against defendant owner for injuries sustained...

In re Silicone Gel Breast Implants Products Liability Litigation 887 F.Supp. 1447 (1995) PROCEDURE:Breast implant recipients brought products...

In re The Walt Disney Co. Derivative Litigation 906 A.2d 27 PROCEDURE: Appellant shareholders brought derivative actions on behalf of...

In re Walt Disney Company Derivative Litigation PROCEDURAL BASIS Decision on a motion to dismiss. FACTS Eisner (D) was chairman of the board of...

In re Wheelabrator Technolgies, Inc. Shareholders Litigation 663 A.2d 1194 (Del. Ch. 1995) PROCEDURE: Defendants, target corporation and its...

Ingle v. Glamore Motor Sales, Inc. 535 N.E.2d 1311 (N.Y. 1989) PROCEDURE: Appellant former employee filed suit against appellees, car company...

Ira S. Bushey & Sons, Inc. v. United States 398 F.2d 167 (1968) PROCEDURE: Defendant federal government sought review of an order of the...

J.I. Case Co. v. Borak 377 U.S. 426 (1964) PROCEDURE: Petitioner corporation challenged a judgment from the United States Court of Appeals for...

Jones v. Harris Associates L.P. 527 F.3d 627 PROCEDURE: Plaintiff shareholders appealed from a judgment of the United States District Court...

Jordan v. Duff and Phelps, Inc 815 F.2d 429 PROCEDURE: Appellant employee sought review of the judgment of the United States District Court for...

Kamin v. American Express Company 383 N.Y.S.2d 807 PROCEDURE: Defendants filed a motion for summary judgment arising from plaintiffs'...

Katz v. Oak Indus., Inc. 508 A.2d 873 (Del. Ch. 1986) PROCEDURAL POSTURE: Plaintiff securities holders filed an application for a preliminary...

KAYCEE LAND AND LIVESTOCK V. FLAHTVE 46 P.3d 323 (2002) PROCEDURAL POSTURE: The District Court of Johnson County, Wyoming, certified for...

MAJESTIC REALTY ASSOCIATES, INC. V. TOTI CONTRACTING CO. 153 A.2d 321 (1959) PROCEDURAL POSTURE: Plaintiffs, a building owner and a tenant, filed...

MANNING V. GRIMSLEY 643 F.2d 30 (1st Cir. 1981) PROCEDURAL POSTURE: Petitioner union challenged the decision of respondent Secretary of Labor,...

Marx v. Akers 666 N.E.2d 1034 (1996) PROCEDURE: Plaintiff shareholder sought review of an order of the Appellate Division of the Supreme Court in...

McCall v. Scott, U.S ct of app, 6th cir. 239 F.3d 808 (2001) Procedural Background/Facts: McCall (Columbia/HCA healthcare corporation) is a...

McConnell v. Hunt Sports Enterprises 725 N.E.2d 1193 (Ohio App. 1999) PROCEDURE: On appeal from a directed verdict in favor of the defendant. ...

McQuade v. Stoneham 189 N.E 234 (N.Y. 1934) PROCEDURE: Defendants appealed from the judgment of the Appellate Division of the Supreme Court in...

Meinhard v. Salmon 164 N.E. 545 PROCEDURE: Asserting that his outside business activities were not part of an agreed upon joint venture,...

Metropolitan Life Ins. Co. v. RJR Nabisco, Inc. 716 F.Supp. 1504 (S.D.N.Y. 1989) PROCEDURAL POSTURE: Plaintiff investors filed an amended...

Mill Street Church of Christ v. Hogan 785 S.W.2d 263 (1990) PROCEDURE:On appeal to review the New Workers' Compensation Board's decision,...

Miller v. McDonald’s Corp. 945 P.2d 1107 (1997) PROCEDURE:Plaintiff customer sought damages for injuries she suffered while eating a sandwich...

Mills v. Electric Auto-Lite Co. 396 U.S. 375 PROCEDURE: Certiorari was granted to review a judgment of the United States Court of Appeals for...

MINOR V. UNITED STATES 772 F.2d 1472 (9th Cir. 1985) PROCEDURAL POSTURE: Defendant government appealed from a judgment of the United States...

MORGAN STANLEY & Co. V. ARCHER DANIELS MIDLAND COMPANY 570 F. Supp. 1529 (1933) PROCEDURAL POSTURE: Plaintiff corporation filed an action...

MURPHY V. HOLIDAY INNS, INC. 219 S.E.2d 874 (1975) FACTS: Murphy (P) alleged that he was injured when he slipped and fell on an area of walk...

National Biscuit Company v. Stroud 106 S.E.2d 692 (1959) PROCEDURE: Defendant non-assenting partner sought review of a decision of the Superior...

PEPSI-COLA BOTTLING CO. V. HANDY 2000 WL 364199 (Del. Ch. 2000) FACTS: Pepsi (P) sought to purchase from the defendant LLC an undeveloped...

PREMIER VAN SCHAACK REALTY, INC. V. SIEG 51 P.3d 24 (2002) FACTS: Sieg (D) entered into a brokerage agreement with Premier Van Schaack...

PULSIFER V. COMMSSIONER 64 T.C. 245 (1975) PROCEDURAL POSTURE: Respondent Commissioner of Internal Revenue (commissioner) determined a tax...

RAUCH V. RCA CORPORATION 861 F.2d 29 (2nd Cir. 1988) PROCEDURAL POSTURE: Plaintiff shareholder sought review of a judgment from the United States...

READING V. REGEM 2 A11ER27 (1948) FACTS: Plaintiff joined the army and was stationed in a hospital in Cairo during the war. In March, 1944,...

Reliance Electric Co. v. Emerson Electric Co. 404 U.S. 418 (1972) PROCEDURE:Petitioner corporation appealed a judgment from the United States...

SHARON STEEL CORPORATION V. CHASE MANHATTAN BANK, N.A. 691 F.2d 1039 (2nd Cir. 1932) PROCEDURAL POSTURE: Plaintiffs, corporation and trustees of...

Three-Seventy Leasing Corp. v. Ampex Corp. 528 F.2d 993 (5th Cir. 1976) PROCEDURAL BASIS: On appeal to review the district court's judgment for...

UNITED STATES V. BASYE 410 U.S. 441 (1973) PROCEDURAL POSTURE: Petitioner United States sought review of a decision of U.S. Court of Appeals for...