Shell Petroleum v. Graves (1983)
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· 72 citation events
across 17 courts.
Showing the 37 strongest citers on record
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Treatment trajectory · 1983 → 2026 · click a year to view the case as of then
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RK Ventures, Inc. v. City of Seattle (2002)
A shareholder does have standing, however, when he or she has been “injured directly and independently from the corporation.” Shell Petroleum, 709 F.2d at 595.
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Alcan Aluminium Limited v. Franchise Tax Board of the State of California, Imperial Chemical Industries Plc v… (1989)
See EMI Ltd., 738 F.2d at 996 (parent's "only real connection to the live controversy is in its status as majority shareholder"); Shell Petroleum, N.V., 709 F.2d at 595 ("[unitary] method of taxation ... does not injure [parent] directly or independently of the corporation"). 19 However, the arguments that Alcan and Imperial incur no direct and independent injury from costs plausibly viewed as burdens on their subsidiaries remains persuasive only so long as the relationship …
"[unitary] method of taxation ... does not injure [parent] directly or independently of the corporation"
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Alcan Aluminium Ltd. v. Franchise Tax Board (1988)
See EMI Ltd., 738 F.2d at 996 (parent’s “only real connection to the live controversy is in its status as majority shareholder”); Shell Petroleum, N.V., 709 F.2d at 595 (“[unitary] method of taxation ... does not injure [parent] directly or independently of the corporation”).
“[unitary] method of taxation ... does not injure [parent] directly or independently of the corporation”
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Pareto v. Federal Deposit Insurance (1998)
See Cohen, 115 F.3d at 703; Vinci v. Waste Management, Inc., 80 F.3d 1372, 1376-77 (9th Cir.1996), cert. denied, - U.S. -, 117 S.Ct. 1252 , 137 L.Ed.2d 333 (1997); Shell Petroleum, N.V. v. Graves, 709 F.2d 593, 595-96 (9th Cir.1983).
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98 Cal. Daily Op. Serv. 1912, 98 Daily Journal D.A.R. 2691 Stanley Pareto Elbert Bressie Benjamin P. Liu Vilj… (1998)
See Cohen, 115 F.3d at 703 ; Vinci v. Waste Management, Inc., 80 F.3d 1372, 1376-77 (9th Cir.1996), cert. denied, --- U.S. ----, 117 S.Ct. 1252 , 137 L.Ed.2d 333 (1997); Shell Petroleum, N.V. v. Graves, 709 F.2d 593, 595-96 (9th Cir.1983).
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Harry Shuler, Suzanne Shuler, New H.S. Industries, Inc., a California Corporation, and California Design Grou… (1992)
Shell Petroleum N.V. v. Graves, 709 F.2d 593, 595 (9th Cir.), cert. denied, 464 U.S. 1012 (1983); Sutter v. General Petroleum Corp., 170 P.2d 898, 901 (Cal.1946).
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Soranno's Gasco, Inc. v. Morgan (1989)
Shell Petroleum, N.V. v. Graves, 709 F.2d 593, 595 (9th Cir.), cert. denied, 464 U.S. 1012 , 104 S.Ct. 537 , 78 L.Ed.2d 717 (1983).
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Soranno's Gasco, Incorporated v. Morgan (1989)
Shell Petroleum, N.V. v. Graves, 709 F.2d 593, 595 (9th Cir.), cert. denied, 464 U.S. 1012 , 104 S.Ct. 537 , 78 L.Ed.2d 717 (1983).
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Melvin A. McCabe and Mark H. Madsen v. Arvon J. Arave, Warden, Idaho State Penitentiary Al Murphy, Director, … (1987)
While there is no requirement that administrative remedies be exhausted in cases brought under 42 U.S.C. § 1983 , Shell Petroleum, N. V. v. Graves, 709 F.2d 593, 597 (9th Cir.), cert. denied, 464 U.S. 1012 , 104 S.Ct. 537 , 78 L.Ed.2d 717 (1983); Murphy, 814 F.2d at 1257, the claim must be ripe, and not moot, to be reviewed properly.
Shell Petroleum, N.V. v. Graves, 709 F.2d 593, 595 (9th Cir.), cert. denied, — U.S. -, 104 S.Ct. 537 , 78 L.Ed.2d 717 (1983); Sherman v. British Leyland Motors, Ltd., 601 F.2d 429, 439-40 (9th Cir.1979) (sole shareholder had no standing to assert either federal or state law claims); Von Brimer v. Whirlpool Corp., 536 F.2d 838, 846 (9th Cir.1976) (majority shareholder may not assert state law claims despite economic injury to him); Erlich v. Glasner, 418 F.2d 226 (9th Cir.196…
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Alcan Aluminium Limited v. Department of Revenue of the State of Oregon, Ike Milsap & John E. Butts (1984)
Shell Petroleum, N. V. v. Graves, 709 F.2d 593, 597 (9th Cir.), cert. denied, - U.S. -, 104 S.Ct. 537 , 78 L.Ed.2d 717 (1983).
This is consistent with Ninth Circuit caselaw holding that a shareholder has standing “when he or she has been ‘injured directly and independently from the corporation.’” RK Ventures, Inc. v. City of Seattle, 307 F.3d 1045, 1057 (9th Cir. 2002) (quoting Shell Petroleum, N.V. v. Graves, 709 F.2d 593, 595 (9th Cir. 1983)).
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Cheteni v. Vella (2025)
Shell 6 Petroleum, N.V. v. Graves, 709 F.2d 593, 595 (9th Cir. 1983).
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Friend v. Google LLC (2025)
Plaintiff’s cited 4 language does not appear in Rockwell, that decision was issued by the Tenth Circuit, not 5 the Ninth Circuit, and the defendant in that case was not “NH, Inc.” 6 On page 4 of the Motion, Plaintiff cites to NAF for the proposition that “Delaware courts 7 have long recognized that a plaintiff may properly bring a direct claim if the Plaintiff has a 8 contract right that exists independently of any right of the corporation.” The cited 9 language does not a…
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Greek Islands Cuisine Inc v. YourPeople Inc (2024)
Shell 19 Petroleum, N.V. v. Graves, 709 F.2d 593, 595 (9th Cir. 1983).
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Central Flyway Air Inc v. Grey Ghost LLC (2022)
“Generally, a shareholder 8 9 does not have standing to redress an injury to the corporation.” Shell Petroleum, N.V. v. Graves, 10 709 F.2d 593, 595 (9th Cir. 1983).
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Baltequera Inc. v. Bell-Carter Foods, LLC (2022)
Ex. 1 at 38, Ex. 2 at 42.)4 Relying on 2 the absence of signatures by Dcoop and Olives Way, defendants contend Dcoop and 3 Olives Way have no cognizable injury, and, consequently, lack standing. 4 In particular, citing Shell Petroleum, N.V. v. Graves, 709 F.2d 593 (9th Cir. 1983), 5 defendants argue Dcoop and Olives Way have not been injured by the loss of 6 Baltequera's investment in Bell-Carter Foods because, as the Ninth Circuit held therein, 7 "[g]enerally, a "shareholde…
affirming dismissal of suit by stockholder seeking to 9 preclude California Franchise Tax Board from assessing tax against corporation
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Terance Frazier v. City of Fresno (2022)
“However, a shareholder does have standing where he or she has 20 been injured directly and independently of the corporation.” Bracamonte, 2008 WL 691850 , at 21 *3 (quoting Shell Petroleum, N.V. v. Graves, 709 F.2d 593, 595 (9th Cir. 1983)).
Even if Mr. O’Neal was named as a plaintiff, “[g]enerally, a 5 shareholder does not have standing to redress an injury to the corporation.” Shell Petroleum, N.V. 6 v. Graves, 709 F.2d 593, 595 (9th Cir. 1983) (applying California law).
applying California law
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United States v. Sandwich Isles Communications, Inc. (2019)
A shareholder must be injured directly and independently of the corporation.”) (quoting Shell Petroleum, N.V. v. Graves, 709 F.2d 593, 595 (9th Cir. 1983)) (internal citations omitted).
Sept. 6, 2005) (citation omitted); Shell Petroleum, N.V. v. Graves, 709 F.2d 593, 595 (9th Cir.1983) (“To have standing to maintain an action, a shareholder must assert more than personal economic injury resulting from a wrong to the corporation.
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Turner v. Officers of the Mid Valley Bank (1988)
See, e.g., Sherman v. British Leyland Motors, Inc., 601 F.2d 429 , 440 (9th Cir.1979) (a sole shareholder lacks standing to assert either federal or state law claims, since his status was that of an incidental beneficiary); Von Brimer v. Whirlpool Corp., 536 F.2d 838, 846 (9th Cir. 1976) (majority shareholder lacks standing where the action involves a decline in the value of his stock, rather than a contract to which he was a party, or a right belonging severally to him, or …
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Rk Ventures, Inc. v. City Of Seattle (2002)
See Erlich v. Glasner, 418 F.2d 226, 228 (9th Cir.1969). "[I]njury to the corporation is not cognizable as injury to the shareholders, for purposes of the standing requirements." Shell Petroleum, N.V. v. Graves, 570 F.Supp. 58, 63 (N.D.Cal.), aff'd, 709 F.2d 593 (9th Cir.1983). 34 A shareholder does have standing, however, when he or she has been "injured directly and independently from the corporation." Shell Petroleum, 709 F.2d at 595.
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Danilo Mallari v. Tracy Vessigault (2019)
See Shell Petroleum, N.V. v. Graves, 709 F.2d 593 , 595 (9th Cir. 1982) (to demonstrate standing, a business owner must show that he was “injured directly and independently of the corporation”); see also Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-562 (1992) (the three elements of standing “are not mere pleading requirements but rather an indispensable part of the plaintiff’s case, each element must be supported in the same way as any other matter on which the plaintif…
to demonstrate standing, a business owner must show that he was “injured directly and independently of the corporation”
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Tretiak v. Del Papa (2001)
See Shell Petroleum v. Graves, 709 F.2d 593, 594 (9th Cir.1983); Rowland v. California Men’s Colony, 506 U.S. 194, 202 , 113 S.Ct. 716 , 121 L.Ed.2d 656 (1993).
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Virginia Surety Company, an Illinois Corporation v. Northrop Grumman Corporation, a Delaware Corporation (1998)
See EMI Ltd. v. Bennett, 738 F.2d 994, 997 (9th Cir.1984) (“Generally, a shareholder does not have standing to redress an injury to the corporation in which it holds stock.”); see also Shell Petroleum, N.V. v. Graves, 709 F.2d 593, 595 (9th Cir.1983) (“To have standing to maintain an action, a shareholder must assert more than personal economic injury resulting from a wrong to the corporation.
See Shell Petroleum, N.V. v. Graves, 709 F.2d 593, 595 (9th Cir.1983).
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97 Cal. Daily Op. Serv. 5457, 97 Daily Journal D.A.R. 8851 Far West Federal Bank, S.B., and Trinity Ventures,… (1997)
See Shell Petroleum, N.V. v. Graves, 709 F.2d 593, 595 (9th Cir.1983). 20 FDIC's argument ignores the nature and circumstances of the entire agreement among the Investors, Far West, FHLBB, and FHLB-Seattle.
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K-B Trucking Company and Keith Collins, Cross-Appellants v. Riss International Corporation and World Leasing,… (1985)
It is well settled that “a shareholder does not have standing to redress an injury to the corporation in which it holds stock." EMI Ltd. v. Bennett, 738 F.2d 994, 997 (9th Cir.1984); see also Shell Petroleum N.V. v. Graves, 709 F.2d 593, 595 (9th Cir.), cert. denied, - U.S. -, 104 S.Ct. 537 , 78 L.Ed.2d 717 (1983); Sherman v. British Leyland Motors, Ltd., 601 F.2d 429, 439-40 (9th Cir.1979).
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Couto v. CorVel Enterprise Comp., Inc. (2025)
See Shell Petroleum, N.V. v. Graves, 709 F.2d 593, 595 (9th Cir. 1983); Elizabeth Retail, 83 F.Supp.3d at 986 .
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Friend v. Google LLC (2025)
See Shell Petroleum, N.V. v. Graves, 709 F.2d 593 , 17 595 (9th Cir. 1983) (“To have standing to maintain an action, a shareholder must assert more than 18 personal economic injury resulting from a wrong to the corporation.” (emphasis added) (citation 19 omitted)); see, e.g., Gregory v. Fresno Cnty., No. 18-cv-00524-LJO, 2019 WL 2420548 , at *25 20 (E.D.
“To have standing to maintain an action, a shareholder must assert more than 18 personal economic injury resulting from a wrong to the corporation.” (emphasis added) (citation 19 omitted)
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Huang v. Small Business Administration (2022)
See Shell Petroleum, N.V. v. Graves, 709 F.2d 593 , 595 (9th Cir. 26 1982) (to demonstrate standing, a business owner must show that he was “injured directly and 27 independently of the corporation”).
to demonstrate standing, a business owner must show that he was “injured directly and 27 independently of the corporation”
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Huang v. Small Business Administration (2022)
See Shell 6 Petroleum, N.V. v. Graves, 709 F.2d 593 , 595 (9th Cir. 1982) (to demonstrate standing, a business 7 owner must show that he was “injured directly and independently of the corporation”).
to demonstrate standing, a business 7 owner must show that he was “injured directly and independently of the corporation”
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Reis v. Tavant Technologies (2019)
See Parfums Givenchy, Inc. v. 18 Drug Emporium, Inc., 38 F.3d 477, 484 (9th Cir. 1994) (the assignee of a copyright interest, 19 rather than the assignor, is the proper plaintiff to assert a copyright infringement claim). 20 “Generally, a shareholder does not have standing to redress an injury to the 21 corporation.” Shell Petroleum, N.V. v. Graves, 709 F.2d 593, 595 (9th Cir. 1983) 22 (collecting cases).
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El Dia, Inc. v. Rossello (1998)
Rotunda and Novak, Treatise on Constitutional Law, 2d ed., § 2.13, 228-29 (1992); see discussion in, Shell Petroleum, N.V. v. Graves, 709 F.2d 593 , 595 (9th Cir.1983).
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Hidalgo County Appraisal District v. Engfar N.V. (1988)
See Shell Petroleum, N. V. v. Graves, 709 F.2d 593, 596 (9th Cir.), cert. denied, 464 U.S. 1012 , 104 S.Ct. 537 , 78 L.Ed.2d 717 (1983) (citing Sumitomo Shoji America, Inc. v. Avagliano, 457 U.S. 176, 185-88 , 102 S.Ct. 2374, 2371-81 , 72 L.Ed.2d 765 (1982)).
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Newton v. Poindexter (1984)
See also Shell Petroleum, N.V. v. Graves, 709 F.2d 593 (9th Cir.1983); Capitol Industries —EMI, Inc. v. Bennett, 681 F.2d 1107 (9th Cir.1982).