D & J Tire Inc. (“Appellant”) appeals the district court’s grant of summary judgment in favor of Hercules Tire & Rubber Company and Lawrence B. Seawell, a Hercules officer (collectively, “Appellees”). Appellant, a former Hercules minority shareholder, sued Appellees for breach of fiduciary...   MORE>>

This case was brought by minority shareholders of Mineral Energy and Technology Corp. (METCO), against its directors and lawyers. The complaint alleged that the defendants violated the civil Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961–68, when they arranged to tr...   MORE>>

Plaintiff-appellant Operating Local 649 Annuity Trust Fund (“Local 649”) appeals from a judgment of the United States District Court for the Southern District of New York (Pauley, J.) dismissing claims alleging securities fraud in violation of § 10(b) of the Securities Exchange Act of 1934 and ...   MORE>>

The tax court ruled, on summary judgment, that Nestlé Purina Petcare Company — hereafter Ralston, its name during the relevant years — could not deduct payments for cash distribution redemptive dividends. Ralston Purina Co. v. Comm’r, 131 T.C. 29 (2008). Ralston appeals. Having jurisdiction u...   MORE>>

This litigation arises out of the issuance of an allegedly false and misleading proxy solicitation for a stock option plan. Plaintiff-appellant New York City Employees’ Retirement System (“NYCERS”) alleged that the false solicitation denied it its right to an informed shareholder vote and caus...   MORE>>

Appellants Laborers Pension Trust Fund for Northern California and Pension Trust Fund for Operating Engineers (“the shareholders”) appeal the district court’s order dismissing their class action securities law claims against Jabil Circuit, Inc. (“Jabil”) and its officers and directors (col...   MORE>>

John Halebian, a shareholder of an investment fund within CitiFunds Trust III ("CitiTrust" or the "Trust"), appeals from a judgment of the United States District Court for the Southern District of New York (Naomi Reice Buchwald, Judge). The court dismissed his three-count complaint against members o...   MORE>>

City of Harper Woods Employees’ Retirement System (“Harper Woods”), a pension fund, brought a shareholder derivative suit on behalf of BAE Systems PLC (“BAE”) alleging intentional, reckless, and negligent breaches of fiduciary duties and waste of corporate assets by current and former dire...   MORE>>

Bankruptcy Appellate Panel Judge. This appeal involves an alleged lost, written agreement among the shareholders of a closely held family corporation restricting the transfer or pledge of stock. The dispute stems from Jack V. Oakley’s (“Debtor”) pledge of stock to Citizens Bank of Logan (“Ci...   MORE>>

Kenneth Nelson and Richard Curia dispute the terms of a stock purchase agreement the two entered into in 1989 and then modified several times over the next decade. In the 1989 agreement, Nelson sold Curia a small number of shares in two automobile dealerships; the contract also gave Curia a series o...   MORE>>