Searching for the Corporation's Voice in Derivative Suit Litigation: A Critique of Zapata and the ALI Project
1982; Duke University School of Law; Volume: 1982; Issue: 6 Linguagem: Inglês
10.2307/1372314
ISSN1939-9111
Autores Tópico(s)Corporate Law and Human Rights
ResumoLike the heroine in a Saturday matinee, the derivative suit has repeatedly appeared to be at the cliffs of disaster.The adoption of security for expense statutes, 1 the enactment of broadly permissive indemnification statutes, 2 and even the judicial tightening of pleading requirements against derivative suit defendants 3 have each been proclaimed in turn as the death knell of the derivative suit.Despite concern that these developments would raise to impossible heights the hurdles the plaintiff must cross to reach the jury, the derivative suit has remained a viable legal institution. 4 Now, however, it is threatened by
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