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· 10/28/2015

Ernesto Espinoza v. Mark Zuckerberg

Citations

  • 124 A.3d 47
  • 2015 WL 6501521
  • 2015 Del. Ch. LEXIS 273

How courts have described this case

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

  • holding that a duplicative unjust enrichment claim logically survived summary judgment when its underlying claim for breach of fiduciary duty survived
  • holding that a ratification by written consent is not “effective unless it complies with the technical requirements of Section 228”
  • noting that a “rare” set of facts will create a reasonable inference of waste
  • explaining that purported ratification of corporate acts taken by written consent under 8 Del. C. § 228 are not effective unless it complies with the technical requirements of 8 Del. C. § 228
  • referring to the form of “ratification” explained in Frank, 32 A.2d 277
  • “Although minority stockholders have no power to alter a controlling stockholder’s binding decisions absent a fiduciary breach, they are entitled to the benefits of the formalities imposed by the DGCL[.]”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bouchard C.

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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.