O'Fallon v. Encore Receivable Management, 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 the “plaintiff has identified witnesses who should have been interviewed but were not”
• finding that any reasonable investigation would have included an interview of the identified witnesses
• noting a special committee’s finding of no wrongdoing, 2 which contradicted a non-prosecution agreement accepting responsibility
• “It may be true that pursuing litigation was not in [the company’s] best interests, and that demand was properly refused. However, the [demand refusal letter] merely recites the conclusion that refusal was proper without explaining how the committee reached that conclusion.”

Source: CourtListener parenthetical corpus (CC0).