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· 8/22/1984

Ellen Jones, Leo P. Portnoy, Applicant-In-Intervention-Appellant v. Nuclear Pharmacy, Inc., a New Mexico Corporation, and Robert Lee Sanchez

Citations

  • 741 F.2d 322
  • 39 Fed. R. Serv. 2d 1238
  • 1984 U.S. App. LEXIS 19325

How courts have described this case

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

  • “The authority to approve a settlement of a ... derivative action is committed to the sound discretion of the trial court.”
  • \whether the proposed settlement was fairly and honestly negotiated\ is a factor to be considered in approving a settlement
  • “In exercising its discretion, the trial court must approve a settlement if it is fair, reasonable and adequate.”
  • “The authority to approve a settlement of a class or derivative action is committed to the sound discretion of the trial court.”
  • “The failure to conduct an evidentiary hearing when all parties concerned with the settlement had notice of the settlement hearing, the opportunity to be heard, and access to the fruits of detailed discovery, is not a violation of due process.”
  • “Appellant was afforded the full panoply of procedural due process when he received adequate notice of the settlement hearing and had the significant opportunity to be heard by submitting an extensive memorandum to the court prior to the hearing detailing his objection to the settlement.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Holloway, Doyle, McKay

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.