shareholder standing rule (Illinois) · Go Syfert
← Illinois issues

shareholder standing rule in Illinois

6 Illinois opinions name it 1 courts 1992–2019 0 in the last five years

The cases below were cited by Illinois 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 (3)

CaseFollowedCited
Mann v. Kemper Financial Companies, Inc.green
illappct · 1992 · cited in 4 Illinois opinions naming this issue, 2005–2019
2 sentences

2019App. 3d at 733 , 191 Ill.Dec. 317 , 623 N.E.2d 907 (quoting Franchise Tax Board v. Alcan Aluminium Ltd. , 493 U.S. 331 , 336, 110 S.Ct. 661 , 107 L.Ed.2d 696 (1990) ); Kramer v. Western Pacific Industries, Inc. , 546 A.2d 348 , 351 (Del. 1988) (indicating an exception to the shareholder standing rule is a shareholder's derivative suit in which the shareholder is permitted to sue on behalf of the corporation for harm done to the corporation, and if successful, obtain a damage award for the corporation); Mann v. Kemper Financial Cos. , 247 Ill.

2019App. 3d at 733 (quoting Franchise Tax Board v. Alcan Aluminum Ltd., 493 U.S. 331 , 336 (1990)); Kramer v. Western Pacific Industries, Inc., 546 A.2d 348, 351 (Del. 1988) (indicating an exception to the shareholder standing rule is a shareholder’s derivative suit in which the shareholder is permitted to sue on behalf of the corporation for harm done to the corporation, and if successful, obtain a damage award for the corporation); Mann v. Kemper Financial Cos., 247 Ill.

34
Franchise Tax Board of California v. Alcan Aluminium Ltd.green
scotus · 1990 · cited in 4 Illinois opinions naming this issue, 1992–2019
2 sentences

2019App. 3d at 733 , 191 Ill.Dec. 317 , 623 N.E.2d 907 (quoting Franchise Tax Board v. Alcan Aluminium Ltd. , 493 U.S. 331 , 336, 110 S.Ct. 661 , 107 L.Ed.2d 696 (1990) ); Kramer v. Western Pacific Industries, Inc. , 546 A.2d 348 , 351 (Del. 1988) (indicating an exception to the shareholder standing rule is a shareholder's derivative suit in which the shareholder is permitted to sue on behalf of the corporation for harm done to the corporation, and if successful, obtain a damage award for the corporation); Mann v. Kemper Financial Cos. , 247 Ill.

2019App. 3d at 733 , 191 Ill.Dec. 317 , 623 N.E.2d 907 (quoting Franchise Tax Board v. Alcan Aluminium Ltd. , 493 U.S. 331 , 336, 110 S.Ct. 661 , 107 L.Ed.2d 696 (1990) ); Kramer v. Western Pacific Industries, Inc. , 546 A.2d 348 , 351 (Del. 1988) (indicating an exception to the shareholder standing rule is a shareholder's derivative suit in which the shareholder is permitted to sue on behalf of the corporation for harm done to the corporation, and if successful, obtain a damage award for the corporation); Mann v. Kemper Financial Cos. , 247 Ill.

14
Kramer v. Western Pacific Industries, Inc.green
del · 1988 · cited in 2 Illinois opinions naming this issue, 2019–2019
2 sentences

2019App. 3d at 733 , 191 Ill.Dec. 317 , 623 N.E.2d 907 (quoting Franchise Tax Board v. Alcan Aluminium Ltd. , 493 U.S. 331 , 336, 110 S.Ct. 661 , 107 L.Ed.2d 696 (1990) ); Kramer v. Western Pacific Industries, Inc. , 546 A.2d 348 , 351 (Del. 1988) (indicating an exception to the shareholder standing rule is a shareholder's derivative suit in which the shareholder is permitted to sue on behalf of the corporation for harm done to the corporation, and if successful, obtain a damage award for the corporation); Mann v. Kemper Financial Cos. , 247 Ill.

2019App. 3d at 733 (quoting Franchise Tax Board v. Alcan Aluminum Ltd., 493 U.S. 331 , 336 (1990)); Kramer v. Western Pacific Industries, Inc., 546 A.2d 348, 351 (Del. 1988) (indicating an exception to the shareholder standing rule is a shareholder’s derivative suit in which the shareholder is permitted to sue on behalf of the corporation for harm done to the corporation, and if successful, obtain a damage award for the corporation); Mann v. Kemper Financial Cos., 247 Ill.

12

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Cashman v. Coopers and Lybrand green
illappct · 1993
2 sentences

2019App. 3d at 733 , 191 Ill.Dec. 317 , 623 N.E.2d 907 (quoting Franchise Tax Board v. Alcan Aluminium Ltd. , 493 U.S. 331 , 336, 110 S.Ct. 661 , 107 L.Ed.2d 696 (1990) ); Kramer v. Western Pacific Industries, Inc. , 546 A.2d 348 , 351 (Del. 1988) (indicating an exception to the shareholder standing rule is a shareholder's derivative suit in which the shareholder is permitted to sue on behalf of the corporation for harm done to the corporation, and if successful, obtain a damage award for the corporation); Mann v. Kemper Financial Cos. , 247 Ill.

2019Under the laws of both jurisdictions, when a wrong is done to a company, generally, the company's management, not its shareholders, has the autonomous right to recover the company's losses, and both jurisdictions would bar a shareholder from suing for his or her indirect, proportionate share of the company's losses. ¶ 20 More specifically, the shareholder standing rule followed in the United States " 'is a longstanding equitable restriction that generally prohibits shareholders from initiating actions to enforce the rights of the corporation unless the corporation's management has refused to p

22019–2019
Zokoych v. Spalding green
illappct · 1976
1 sentence

1993Ed. 2d 696 , 704, 110 S. Ct. 661, 665 .) The plaintiffs cite Zokoych v. Spalding (1976), 36 Ill.

11993–1993

Where else courts name it

IL 6 (1992–2019) TX 3 (2015–2020) WA 2 (2015–2019) TN 2 (2024–2025)

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.

← Caselaw search · G Cite Topics · Brief Check