Barkan v. Amsted Industries, Inc.

How courts have described this case

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

• holding that enhanced scrutiny would have been the proper standard of review in a post-closing damages action, if the case had not settled
• noting that one way a board can get reliable evidence for the value of the company is by performing a pre-signing market check
• holding that there is a single standard for assessing materiality
• explaining the general rule that settlements cannot be approved without present consideration
• “[T]he basic teaching of [Revlon and Unocal] is simply that directors must act in accordance with their fundamental duties of care and loyalty.”
• “[T]he board must act in a neutral manner to encourage the highest possible price for shareholders.”

Source: CourtListener parenthetical corpus (CC0).