Nader v. Citron

How courts have described this case

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

• declining to imply section nine demand letter into section 11 given the absence of support in the language and structure of section 11 while noting that section nine’s provisions elsewhere provided “ ‘a useful analogy’ ”
• also involving alleged breach of fiduciary duty, but based on arm’s length transactions between wholly independent parties
• defendant “is not immunized as an officer and director of a corporation for the acts he is alleged to have committed personally.”
• “what is an unfair act may be difficult to determine on the basis of the complaint alone”
• in considering a motion to dismiss, the court must consider all the allegations of the plaintiff’s complaint as well as any reasonable inferences that can be made therefrom
• “[s]eetion 11 provides a different procedure for achieving the same objectives of facilitating settlement”

Source: CourtListener parenthetical corpus (CC0).