In Re Baxter International, Inc. Shareholders Litigation

How courts have described this case

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

• granting motion to dismiss because complaint did not plead with particularity that directors ignored obvious danger signs of employee wrongdoing
• noting courts, in deciding motion to dismiss, may take judicial notice of 27 certificate of incorporation
• “The court may take judicial notice of the certificate in deciding a motion to dismiss.”
• “Directors who are sued for failure to oversee subordinates have a disabling interest when ‘the potential for liability is not “a mere threat” but instead may rise to “a substantial likelihood.”’” (quoting Rales, 634 A.2d at 936)

Source: CourtListener parenthetical corpus (CC0).