West Coast Management & Capital, LLC v. Carrier Access Corp.

How courts have described this case

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

• finding plaintiff’s sole purpose was to replead demand futility in a second derivative claim, a claim which issue preclusion “completely bar[red] West Coast from pursuing”
• denying inspection where court in plenary action had dismissed complaint without leave to amend
• discussing the trend among federal courts to apply collateral estoppel when evaluating demand futility claims brought by subsequent derivative plaintiffs because the corporation, as the true party in interest, retains the right to pursue the underlying lawsuit
• “The complaint, like the demand letter, articulates that the sole purpose [of the inspection] is to investigate wrongdoing. Implicit in both is that the investigation is targeted at reinitiating derivative litigation.”
• “If a books and records demand is to investigate wrongdoing and the plaintiff’s sole purpose is to pursue a derivative suit, the plaintiff must have standing to pursue the underlying suit[.]”
• “If a books and records demand is to investigate wrongdoing and the plaintiff’s sole purpose is to pursue a derivative suit, the plaintiff must have standing to pursue the underlying suit[.]”

Source: CourtListener parenthetical corpus (CC0).