15 Cited authorities

  1. Lockyer v. Mirant Corp.

    398 F.3d 1098 (9th Cir. 2005)   Cited 1,507 times
    Holding a stay, although "theoretically" subject to modification, was a reviewable collateral order because "the district court did not impose a time limit on the stay or note circumstances that might result in its modification"
  2. Class Plaintiffs v. City of Seattle

    955 F.2d 1268 (9th Cir. 1992)   Cited 765 times   1 Legal Analyses
    Holding that the relevant indenture agreement allowed the trustee to "bring tort and fraud claims on behalf of the bondholders"
  3. Zapata Corp. v. Maldonado

    430 A.2d 779 (Del. 1981)   Cited 346 times   26 Legal Analyses
    Holding that limited discovery is appropriate with respect to "the independence and good faith of the committee and the bases supporting its conclusions"
  4. Heritage Bond v. U.S. Trust

    546 F.3d 667 (9th Cir. 2008)   Cited 133 times   1 Legal Analyses
    Holding that "the question of independence should be decided by the court where the claims were brought"
  5. Eichenholtz v. Brennan

    52 F.3d 478 (3d Cir. 1995)   Cited 124 times   1 Legal Analyses
    Holding that non-settling defendants had standing to challenge the district court's approval of the underlying partial settlement agreement after concluding that non-settling defendants made the requisite "plain legal prejudice" showing as to one provision of the agreement
  6. Valeant Pharmaceuticals Intrnl. v. Jerney

    921 A.2d 732 (Del. Ch. 2007)   Cited 77 times
    Holding that availability of Section 141(e) defense to liability is not outcome-determinative on question of breach of duty under entire fairness test
  7. Gackstetter v. Frawley

    135 Cal.App.4th 1257 (Cal. Ct. App. 2006)   Cited 70 times   2 Legal Analyses
    Holding that “claims for indemnification can include other claims not labeled as indemnity claims, but that in reality are ‘disguised’ indemnity claims”
  8. Franklin v. Kaypro Corp.

    884 F.2d 1222 (9th Cir. 1989)   Cited 109 times   2 Legal Analyses
    Holding that a bar order in a class action securities fraud case should bar future claims for contribution to. ensure that liability is equitably distributed among settling and non-settling defendants
  9. In re Brocade Communications Systems, Inc. Derivative Litigation

    615 F. Supp. 2d 1018 (N.D. Cal. 2009)   Cited 54 times   2 Legal Analyses
    Finding that California's four-year statute of limitations applies to breach-of-fiduciary-duty claims
  10. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,434 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
  11. Rule 23.1 - Derivative Actions

    Fed. R. Civ. P. 23.1   Cited 1,945 times   26 Legal Analyses
    Treating unincorporated associations and corporations similarly for derivative suits
  12. Section 877.6 - Determination of good faith settlement

    Cal. Code Civ. Proc. § 877.6   Cited 669 times   1 Legal Analyses
    Indicating presumption of good faith
  13. Section 877 - Effect of release, dismissal or covenant not to sue or enforce judgment to one or more of joint tortfeasors

    Cal. Code Civ. Proc. § 877   Cited 607 times   4 Legal Analyses
    Providing that the plaintiff's claims against the other defendants are to be reduced by "the amount stipulated by the release, the dismissal or the covenant, or in the amount of the consideration paid for it, whichever is the greater."
  14. Section 6304 - Release of 1 joint tortfeasor

    Del. Code tit. 10 § 6304   Cited 46 times

    (a) A release by the injured person of one joint tort-feasor, whether before or after judgment, does not discharge the other tort-feasor unless the release so provides; but reduces the claim against the other tort-feasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid. (b) A release by the injured person of 1 joint tortfeasor does not relieve the 1 joint

  15. Section 6302 - Right of contribution; accrual; pro rata share

    Del. Code tit. 10 § 6302   Cited 42 times   1 Legal Analyses
    Recognizing a right of contribution only when one joint tortfeasor has paid more than its proportionate share of “the common liability”