Kahn Ex Rel. Dekalb Genetics Corp. v. Roberts

How courts have described this case

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

• affirming the Court of Chancery’s dismissal of breach of fiduciary duty claims to which the business judgment standard of review, not heightened scrutiny, applied because the plaintiff failed assert facts rebutting the business judgment rule’s presumptions
• “Furthermore, the board acted to remove disgruntled shareholders, not in contemplation of an ephemeral threat that could somehow materialize at some point in the future.” (citation omitted)
• “Here the corporation sought to repurchase its own shares in a situation where there was no hostile bidder. Nothing in the record indicates that there was a real probability of any hostile acquiror emerging or that the corporation was ‘in play.’” (footnote omitted)

Source: CourtListener parenthetical corpus (CC0).