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· 12/15/2005

Fagin v. Gilmartin

Citations

  • 432 F.3d 276
  • 2005 U.S. App. LEXIS 27411
  • 2005 WL 3436666

How courts have described this case

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

  • noting that the appellate panel remanding to the district court for resolution by summary judgment “d[id] not intrude on the [district c]ourt’s discretion as to the extent of discovery it needs to decide the issue”
  • determining demand requirements by reference to incorporation law under the “internal affairs” doctrine
  • confronting a similar situation in the context of a Rule 12(b)(6) motion
  • “The fact that a director is also an officer, without more, is insufficient to establish the director’s interest or lack of independence.”
  • “Under New Jersey's choice-of-law rules, the law of the state of incorporation governs internal corporate affairs.”
  • “Federal Rule of Civil Procedure 12(b) requires and (2) comply with our order directing the parties to file supplemental briefing (Love had previously filed both an opening brief and a reply brief

Source: CourtListener parenthetical corpus (CC0).

Judges: Alito, Ambro, Restani

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.