Kaplan v. Wyatt

How courts have described this case

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

• determining that an SLC member was independent despite business associations, which exceeded millions of dollars, between entities affiliated with the SLC member and the company where a defendant served as chairman and CEO
• rejecting attacks to a special litigation committee’s process based on the involvement of the nominal defendants’ counsel
• describing the analytical difficulties presented when plaintiffs “pull out all stops” and “throw every possible argument imaginable into the controversy, no matter how minor or picayune”
• rejecting the plaintiffs’ challenge to an SLC’s good faith based on the purported animosity the SLC’s counsel had toward the plaintiff’s counsel and the failure to investigate key issues
• noting that this motion “is to be handled procedurally in a manner akin to proceedings on summary judgment” in that “[e]ach side . . . shall have an opportunity to make a record” and that the moving party “has the normal burden imposed on a moving party under a Rule 56 motion”
• “the motion is a hybrid one, derived by analogy to a motion to dismiss a derivative suit based upon a voluntary settlement [and a] unilateral [ ] ... voluntary dismissal.. ..”

Source: CourtListener parenthetical corpus (CC0).