Tag Archives: derivative action

Corporate – Derivative Action – Civil Practice – Standing – Domestic Relations – Res Judicata – Attorney’s Fees (access required)

Sutton v. Sutton In the parties’ 2007 domestic proceeding, plaintiff surrendered to defendant any and all interest she had in the corporation that is the subject of this derivative action. Therefore, plaintiff lacks standing to bring this derivative action. Defendant’s motion to dismiss is granted. Defendant’s motion for costs pursuant to G.S. § 55-7-46 is also granted in the amount of 22,751.08.

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Civil Practice – Pleadings – Complaint – Under Seal – Public Records Act – Corporate – Derivative Action – Delaware Action (access required)

Smith v. Raymond. (Lawyers Weekly No. 10-15-0655, 4 pp.) (Albert Diaz, J.) N.C. Bus. Ct. Holding: A stipulation in a Delaware Chancery case is insufficient, by itself, to justify sealing plaintiff’s entire complaint. If the parties believe the complaint should ...

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