In Re Transkaryotic Therapies, Inc.

How courts have described this case

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

• noting that a shareholder cannot challenge actions that took place when it held no shareholder rights, but not addressing the “beneficial” ownership issue that arises in this case
• noting that a shareholder cannot challenge actions that took place when it held no shareholder rights, but not addressing the “beneficial” ownership issue that arises in this case
• acknowledging that the court cannot consider inadmissible hearsay on a motion for summary judgment
• discussing duty of disclosure in context of plaintiffs who filed appraisal actions and, after discovery in the appraisal actions, then filed fiduciary duty action
• noting the Court’s preference to have disclosure claims “brought as [motions] for a preliminary injunction before the shareholder vote, as opposed to many months after”
• “[T]he mere fact that a director received some benefit that was not shared generally by all shareholders is insufficient; the benefit must be material.”

Source: CourtListener parenthetical corpus (CC0).