Topic: (1) who suffered the alleged harm (the corporation or the s… · Go Syfert
← All topics

Topic #4438

5 canonical passages across 3 cases, quoted by 75 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Tooley v. Donaldson, Lufkin, & Jenrette, Inc..

#Case FlagCanonical passage Citers
1 Tooley v. Donaldson, Lufkin, & Jenrette, Inc. Anchor
del · 2004
green “(1) who suffered the alleged harm (the corporation or the suing stockholders, individually); and (2) who would receive the benefit of any recovery or other remedy (the corporation or the stockholders, individually)?” 35
2 Tooley v. Donaldson, Lufkin, & Jenrette, Inc.
del · 2004
green “turns solely on the following questions: (1) who suffered the alleged harm (the corporation or the suing stockholders, individually); and (2) who would receive the benefit of any recovery or other remedy (the corporation or the stockholders, individually)?” 13
3 Kamen v. Kemper Financial Services, Inc.
scotus · 1991
green “presumption that state law should be incorporated into federal common law” 12
4 Gentile v. Rossette
del · 2006
red “(2) the exchange causes an increase in the percentage of the outstanding shares owned by the controlling stockholder, and a corresponding decrease in the share percentage owned by the public (minority) shareholders.” 8
5 Tooley v. Donaldson, Lufkin, & Jenrette, Inc.
del · 2004
green “solely on the following questions: (1) who suffered the alleged harm (the corporation or the suing stockholders, individually); and (2) who would receive the benefit of any recovery or other remedy (the corporation or the stockholders, individually)?” 7

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check