Keyword Search: Derivative Suits

SJC-10641: JOHN HALEBIAN vs. ELLIOT J. BERV & others

Argument: May 4, 2010

Keywords: Business Judgment Rule - Corporations - Derivative Suits

Question Presented: Whether a shareholder derivative suit must be dismissed if the board of directors determines in good faith after the suit was filed that it is not in the best interests of the corporation.

Facts: The plaintiff, Halebian, is a shareholder in a mutual fund managed by the defendant CitiTrust. CitiTrust had contracts with another Citigroup subsidiary for asset management. In 2005, Citigroup sold the …

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