For Your Data Cuker V. Mikalauskas Illustration Brief
April 12, 2016
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Cuker v. Mikalauskas representative brief summary
692 A.2d 1042 (1997)
CASE FACTS
Petitioner world utility sought summary judgment to privy respondent's minority shareholders derivative action. The lower courtroom denied the motion, asset that the "business judgment rule" was inapplicable inward Pennsylvania. Petitioner's kickoff appeal was as well as thus denied due to unresolved factual questions as well as the lower courtroom as well as thus refused to catch the factual disputes due to its prior holding. Petitioner as well as thus applied for extraordinary relief which was granted as well as the acre supreme courtroom formally adopted the dominion asset directors personally liable exclusively for fraudulent deport or acts ultra vires.
DISCUSSION
CONCLUSION
The courtroom reversed as well as remanded to orbit upward one's heed the application of the "business judgment rule" inward the context of petitioner's displace for summary judgment.
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692 A.2d 1042 (1997)
CASE SYNOPSIS
Petitioner, a publicly regulated utility, appealed the denial of its displace for summary judgment past times the Philadelphia Court of Common Pleas (Pennsylvania), inward a derivative activeness brought past times respondent, minority shareholders.CASE FACTS
Petitioner world utility sought summary judgment to privy respondent's minority shareholders derivative action. The lower courtroom denied the motion, asset that the "business judgment rule" was inapplicable inward Pennsylvania. Petitioner's kickoff appeal was as well as thus denied due to unresolved factual questions as well as the lower courtroom as well as thus refused to catch the factual disputes due to its prior holding. Petitioner as well as thus applied for extraordinary relief which was granted as well as the acre supreme courtroom formally adopted the dominion asset directors personally liable exclusively for fraudulent deport or acts ultra vires.
DISCUSSION
- The lower court's conclusion was reversed as well as the representative remanded to orbit upward one's heed whether the underlying draw of piece of job organisation conclusion was made nether proper circumstances inward lite of the fact that the "business judgment rule" would prohibit the courtroom from examining the merits of the underlying draw of piece of job organisation decision.
CONCLUSION
The courtroom reversed as well as remanded to orbit upward one's heed the application of the "business judgment rule" inward the context of petitioner's displace for summary judgment.
Recommended Supplements for Corporations as well as Business Associations Law