business judgment rule (Arizona) · Go Syfert
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business judgment rule in Arizona

10 Arizona opinions name it 1 courts 1987–2018 0 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Shoen v. Shoengreen
arizctapp · 1990 · cited in 5 Arizona opinions naming this issue, 1995–2018
2 sentences

2018The Association also argues that "Zwicky's requests for documents are barred by the business judgment rule." That doctrine "precludes judicial inquiry into actions taken by a director in good faith and in the exercise of honest judgment in the legitimate and lawful furtherance of a corporate purpose." Shoen v. Shoen , 167 Ariz. 58 , 65, 804 P.2d 787 , 794 (App. 1990).

2018The Association also argues that "Zwicky's requests for documents are barred by the business judgment rule." That doctrine "precludes judicial inquiry into actions taken by a director in good faith and in the exercise of honest judgment in the legitimate and lawful furtherance of a corporate purpose." Shoen v. Shoen , 167 Ariz. 58 , 65, 804 P.2d 787 , 794 (App. 1990).

35
United Dairymen of Arizona v. Schugggreen
arizctapp · 2006 · cited in 2 Arizona opinions naming this issue, 2007–2018
2 sentences

2018See United Dairymen of Ariz. v. Schugg, 212 Ariz. 133, 140, ¶ 31 (App. 2006) (citation omitted).

2007See United Dairymen of Ariz. v. Schugg, 212 Ariz. 133 , 128 P.3d 756 (App.2006); Albers v. Edelson Tech.

22
McDowell Mountain Ranch Land Coalition v. Vizcainogreen
ariz · 1997 · cited in 2 Arizona opinions naming this issue, 2007–2007
2 sentences

2007See McDowell Mountain Ranch Land Coalition v. Vizcai-no, 190 Ariz. 1, 5 , 945 P.2d 312, 316 (1997) (parties may not raise argument for first time on appeal). ¶ 68 Although Turner and Withycombe also assign error to the superior court’s instruction on the business judgment rule, they provide no argument in support of this alleged error.

2007See McDowell Mountain Ranch Land Coalition v. Vizcai-no, 190 Ariz. 1, 5 , 945 P.2d 312, 316 (1997) (parties may not raise argument for first time on appeal). ¶ 68 Although Turner and Withycombe also assign error to the superior court’s instruction on the business judgment rule, they provide no argument in support of this alleged error.

22
Kadish v. PHX.-SCOTTS. SPORTS COMPANYgreen
arizctapp · 1970 · cited in 1 Arizona opinions naming this issue, 2018–2018
1 sentence

2018Our review of the record shows Singh first raised this argument in 14 Black’s Law Dictionary defines good faith as “[a] state of mind consisting in (1) honesty in belief or purpose, (2) faithfulness to one’s duty or obligation, (3) observance of reasonable commercial standards of fair dealing in a given trade or business, or (4) absence of intent to defraud or to seek unconscionable advantage.” Black’s Law Dictionary 713 (8th ed. 2004). 15 See also Kadish, 11 Ariz. App. at 578 (stating “[w]here the acts of an officer or director smack of self-dealing . . . the officer or director has the burde

11
cluster 750153green
ca9 · 1998 · cited in 1 Arizona opinions naming this issue, 2018–2018
1 sentence

2018Our review of the record shows Singh first raised this argument in 14 Black’s Law Dictionary defines good faith as “[a] state of mind consisting in (1) honesty in belief or purpose, (2) faithfulness to one’s duty or obligation, (3) observance of reasonable commercial standards of fair dealing in a given trade or business, or (4) absence of intent to defraud or to seek unconscionable advantage.” Black’s Law Dictionary 713 (8th ed. 2004). 15 See also Kadish, 11 Ariz. App. at 578 (stating “[w]here the acts of an officer or director smack of self-dealing . . . the officer or director has the burde

11
Levandusky v. One Fifth Avenue Apartment Corp.green
ny · 1990 · cited in 1 Arizona opinions naming this issue, 2007–2007
2 sentences

2007Apartment Corp., 75 N.Y.2d 530 , 554 N.Y.S.2d 807 , 553 N.E.2d 1317, 1320-21 (1990) (noting that when “[authority to approve or disapprove structural alterations ... is ... given to the governing board,” the appropriate standard by which to review its decisions is “analogous to the business judgment rule applied by courts to determine challenges to decisions made by corporate directors”). 2 ¶22 The business judgment approach is not the only approach taken by courts.

2007Apartment Corp., 75 N.Y.2d 530 , 554 N.Y.S.2d 807 , 553 N.E.2d 1317, 1320-21 (1990) (noting that when “[authority to approve or disapprove structural alterations ... is ... given to the governing board,” the appropriate standard by which to review its decisions is “analogous to the business judgment rule applied by courts to determine challenges to decisions made by corporate directors”). 2 ¶22 The business judgment approach is not the only approach taken by courts.

11
Blumenthal v. Teetsgreen
arizctapp · 1987 · cited in 1 Arizona opinions naming this issue, 2006–2006
2 sentences

2006The business judgment rule presumes that “in making a business decision the directors of a corporation acted on an informed basis, in good faith and in the honest belief that the action taken was in the best interest of the company.” Blumenthal v. Teets, 155 Ariz. 123, 128 , 745 P.2d 181, 186 (App.1987). ¶ 32 This rule applies equally to cooperatives.

2006The business judgment rule presumes that “in making a business decision the directors of a corporation acted on an informed basis, in good faith and in the honest belief that the action taken was in the best interest of the company.” Blumenthal v. Teets, 155 Ariz. 123, 128 , 745 P.2d 181, 186 (App.1987). ¶ 32 This rule applies equally to cooperatives.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
cluster 386005 green
ca2 · 1980
2 sentences

1990An earlier Second Circuit decision, Treadway Companies, Inc. v. Care Corp., 638 F.2d 357 (2d Cir.1980), upon which the court in Norlin relied, contained the observation: The cases in this area demonstrate that the courts are sensitive to the risks of self-dealing and abuse which inhere in corporate stock transactions that are intended to affect control.

1990Id. at 382 .

11990–1990
Aronson v. Lewis green
del · 1984
2 sentences

1987(Emphasis added.) Id.

1987Id., 473 A.2d at 808 .

11987–1987

Statutes the citing opinions construe

AZ § Ariz. Rev. Stat. § 10-830 (3) AZ § Ariz. Rev. Stat. § 12-2101 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

DE 450 (1969–2026) NY 343 (1957–2026) CA 90 (1986–2026) IL 53 (1960–2025) NC 44 (1978–2026) NJ 42 (1979–2026) TX 41 (1987–2026) WA 40 (1987–2025) MD 35 (1964–2025) MA 31 (1990–2025) PA 26 (1993–2023) OH 24 (1986–2026) SC 20 (1995–2025) IA 18 (1983–2026) ME 17 (1988–2021) CT 16 (1991–2017) MO 14 (1990–2023) NV 14 (2011–2024) MI 13 (1997–2025) MN 12 (1988–2017) OK 12 (1987–2026) CO 11 (1995–2024) WI 11 (1985–2024) AZ 10 (1987–2018) IN 10 (1992–2014) FL 9 (2007–2025) KS 8 (2001–2026) TN 8 (1992–2022) GA 8 (2014–2024) ND 7 (1990–2008) DC 7 (2000–2024) RI 6 (2004–2010) NE 6 (1993–2020) AR 6 (1990–2025) VA 5 (1990–2026) ID 4 (2009–2024) AL 4 (2005–2025) OR 4 (2008–2021) UT 4 (2005–2023) LA 4 (2008–2021) KY 4 (1999–2021) VT 3 (2010–2020) AK 3 (1980–2015) NM 3 (1986–2007) HI 3 (1998–2021) MS 2 (1994–2016) MT 2 (1990–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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