Agostino v. Hicks

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that a claim of mismanagement, if proven, represents a direct wrong to the corporation that is indirectly experienced by all shareholders
• holding a claim that a company impeded the pursuit of a value- maximizing transaction was a claim of mismanagement and therefore derivative
• observing that “warrants were issued as partial consideration for providing [a loan] to [the company] (the benefits of which were indirectly shared by plaintiff)”
• explaining that “[o]ne corporate power exercised by the board of directors is the conduct of litigation that seeks to redress harm inflicted upon the corporation”
• holding a claim that a company impeded the pursuit of a value- maximizing transaction was a claim of mismanagement and therefore derivative
• recommending change in standard for distinguishing between direct and derivative actions

Source: CourtListener parenthetical corpus (CC0).