In Re ORACLE CORP DERIVATIVE LITIGATION

How courts have described this case

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

• reasoning that in assessing a director’s independence the chancellor must “necessarily draw on a general sense of human nature”
• noting that ‘‘[a] small number of directors feels the moral gravity — and social pressures — of [the duty to decide whether to sue fellow directors] alone”
• recognizing that Delaware courts have applied independence standards inconsistently
• employing concept and citing Kenneth Culp Davis, An Approach to Problems of Evidence in the Administrative Process, 55 Harv. L.Rev. 364, 402-03 (1942)
• describing the “moral gravity ... and social pressures” on special litigation committee members and noting that for this reason, “the independence inquiry is critically important”
• questioning independence of SLC members when defendants had made millions of dollars of donations to the members’ university

Source: CourtListener parenthetical corpus (CC0).