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Home / Opinion Digests / Corporate / Corporate – Derivative Action – Civil Practice – Counterclaims – Standing – First Impression (access required)

Corporate – Derivative Action – Civil Practice – Counterclaims – Standing – First Impression (access required)

Even though a corporation in a shareholder’s derivative suit cannot defend itself on the merits, the court is persuaded by the reasoning of federal courts and holds that the nominal defendant-corporation may assert counterclaims against plaintiff, who is one of only three shareholders in the corporation. Plaintiff’s motion to dismiss for lack of subject matter jurisdiction ...

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