TITLE

JUDICIAL ACTIVISM IN THE SERVICE OF PRIVILEGE: NEW YORK'S FIRST DEPARTMENT MAKES SPECIAL RULES FOR SPECIAL DEFENDANTS

AUTHOR(S)
Gurian, Craig
PUB. DATE
February 2008
SOURCE
Albany Law Review;2008, Vol. 71 Issue 1, p369
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article demonstrates that the application of the business judgment rule in the case of Pelton v. 77 Park Avenue Condominium was unwarranted and unsupportable. It makes clear that Pelton defied the legislative mandate set forth by New York City's recent Local Civil Rights Restoration Act, and establishes that Pelton's introduction of a heightened pleading standard was without basis in law.
ACCESSION #
31249549

 

Related Articles

  • GOOD FAITH, STATE OF MIND, AND THE OUTER BOUNDARIES OF DIRECTOR LIABILITY IN CORPORATE LAW. Bruner, Christopher M. // Wake Forest Law Review;Winter2006, Vol. 41 Issue 4, p1131 

    The article seeks to establish the role of the Delaware courts in the development of a fiduciary duty framework under the state corporate law. The historical development of the U.S. corporate law can be understood as an effort to establish and continually recalibrate the balance between...

  • FACTORS GOVERNING THE APPLICATION OF THE BUSINESS JUDGMENT RULE: AN EMPIRICAL STUDY OF THE US, UK, AUSTRALIA AND THE EU. Andrés Laguado Giraldo, Carlos // Vniversitas;ene-jun2006, Issue 111, p115 

    Briefly, the business judgment rule (BJR) can be defined as a doctrine that protects officers and directors from personal liability only if they have acted in good faith, with due care, and within the officer or director's authority. This paper intends to show what I have called different models...

  • Galactic Stupidity and the Business Judgment Rule. Rosenberg, David // Journal of Corporation Law;Winter2007, Vol. 32 Issue 2, p301 

    The article discusses the issues related to the business judgment rule of corporations in the U.S. The courts decided not to review the substance of the business decisions of corporate directors except for extraordinary circumstances. Many academics and judges insist that the rule does not allow...

  • The business judgment rule: How much board deliberation... Moss, Jeffrey M. // Brigham Young University Law Review;1991, Vol. 1991 Issue 3, p1377 

    Evaluates the law regarding the application of the business judgment rule to a board's actions in acquisition situations, in the United States. Discussion on factors which courts may consider in determining whether the business judgment rule will protect a board's rushed decision; Definition of...

  • Can Fairness Opinions Protect The Board From Liability? Hall, Lance // Corporate Board;Jan/Feb2004, Vol. 25 Issue 144, p22 

    Discusses how fairness opinions protect the board of directors from liability in the U.S. Factors involved in the protection of the business judgement rule; Procedural fairness; Financial fairness; Need for directors to exercise fiduciary duties.

  • PRAVILO POSLOVNE PROSUDBE U HRVATSKOM I PRAVU SAD. Horak, Hana // Zbornik Pravnog Fakulteta Sveucilista u Rijeci;2008, Vol. 29 Issue 2, p975 

    The article offers a comparison between the business judgment rules in Croatian legislation and the business judgment legal standard in American law. The Croatian legislation on business judgment standard is in accordance with the Amendments on Companies Act which allows it to be compared with...

  • Liability & Litigation.  // Corporate Board;May/Jun2009, Vol. 30 Issue 176, p28 

    The article presents an opinion issued by the Court of Chancery of the State of Delaware disregarding all but one claim in a shareholder derivative action that seeks to recover its losses. According to a report, the opinion sets a significant precedent for companies and their boards whose...

  • The Booby Traps In State Antitakeover Laws. Smith, Kevin J. // Mergers & Acquisitions: The Dealermaker's Journal;Jul2004, Vol. 39 Issue 7, p23 

    Discusses the antitakeover statutes and their implications for targets and acquirers. Provisions of the Control Share Acquisitions Act of Virginia; Overview of the Poison Pill Statute; Terms under Business Judgment Statute.

  • Does Antitrust Have a Comparative Advantage? Easterbrook, Frank H. // Harvard Journal of Law & Public Policy;Fall99, Vol. 23 Issue 1, p5 

    Investigates whether the United States antitrust law have a comparative advantage in economics. Two bins in which antitrust law sorts all business practices; Court rule on rule-of-reason; Role of the business judgment rule in the corporate law; Difference between corporate and antitrust law.

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics