Thorpe v. Cerbco, Inc.

How courts have described this case

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

• explaining that by making a demand, the plaintiff “made an important concession: that the board is able to function on the question” of whether claims should be pursued
• allowing a derivative plaintiff to proceed upon the plaintiffs raising of a reasonable doubt concerning the board’s good faith in responding to a demand
• finding a reasonable doubt as to a board's good faith where it refused to act on a demand, refused to release the special committee's report prepared for the board, and the special committee members on the board resigned after tendering their report
• finding a reason‐ able doubt as to a board’s good faith where it refused to act on a demand, refused to release the special committee’s report prepared for the board, and the special committee members on the board resigned after tendering their report
• finding a reason‐ able doubt as to a board’s good faith where it refused to act on a demand, refused to release the special committee’s report prepared for the board, and the special committee members on the board resigned after tendering their report
• reasonable doubt created as to board’s response when it failed to act or reply to stockholder after special litigation committee had made its report

Source: CourtListener parenthetical corpus (CC0).