§Why CasetextPricing

Riccardi v. Lynch et al

MOTION to Intervene to Remove Lead Counsel and Lead Plaintiff and for Appointment of New Lead Counsel and New Lead Plaintiff; Memorandum of Points And Authorities In Support Thereof

25 Cited authorities

  1. Jones v. GN Netcom, Inc.

    654 F.3d 935 (9th Cir. 2011)   Cited 1,465 times   7 Legal Analyses
    Holding that district courts should "award only that amount of fees that is reasonable in relation to the results obtained," even where counting all hours reasonably spent would produce a larger fees award

  2. Radcliffe v. Experian Info. Sols. Inc.

    715 F.3d 1157 (9th Cir. 2013)   Cited 419 times   3 Legal Analyses
    Holding that the “incentive awards significantly exceeded in amount what absent class members could expect upon settlement approval” and thus “created a patent divergence of interests between the named representatives and the class”

  3. Beam v. Stewart

    845 A.2d 1040 (Del. 2004)   Cited 476 times   11 Legal Analyses
    Holding that Martha Stewart's 94% interest in the corporation whose board she chaired was insufficient to excuse demand because " stockholder's control of a corporation does not excuse presuit demand on the board without particularized allegations of relationships between the directors and the controlling stockholder demonstrating that the directors are beholden to the stockholder."

  4. People ex Rel. Dept., Corps. v. Speedee O. Chg. Sys

    20 Cal.4th 1135 (Cal. 1999)   Cited 543 times   1 Legal Analyses
    Holding that where trial court resolved disputed facts, appellate courts review for abuse of discretion, but where there are no disputed factual issues, appellate courts review the trial court's determination as a question of law

  5. Southwest Ctr. for Biological Diversity v. Berg

    268 F.3d 810 (9th Cir. 2001)   Cited 417 times
    Holding that the court is to take facts alleged in the pleadings, motion, and supporting declarations as true for purposes of the motion to intervene

  6. Northwest Forest Resource v. Glickman

    82 F.3d 825 (9th Cir. 1996)   Cited 397 times
    Holding that “the doctrine of last antecedent ... must yield to the most logical meaning of a statute that emerges from its plain language and legislative history”

  7. Donnelly v. Glickman

    159 F.3d 405 (9th Cir. 1998)   Cited 365 times
    Holding that an applicant may lack an interest in the liability phase of an action, but may still be entitled to intervene in the remedies phase

  8. League of United Latin Am. Cit. v. Wilson

    131 F.3d 1297 (9th Cir. 1997)   Cited 340 times
    Holding that the denial of a motion for intervention as of right as untimely is "controlling" of a motion for permissive intervention

  9. White v. Panic

    783 A.2d 543 (Del. 2001)   Cited 250 times   7 Legal Analyses
    Holding that the directors' prior agreement to settle eight "harassment lawsuits" lodged against the corporation and its president did not raise any reasonable inference "that the board knew that [the president] had actually engaged in in misconduct," and consequently did not excuse demand

  10. Cal. Dept. of Toxic Subst. v. Commer. Realty

    309 F.3d 1113 (9th Cir. 2002)   Cited 111 times
    Holding that granting a motion to intervene in a long-litigated environmental action would, among other things, "unnecessarily prolong the litigation, threaten the parties' settlement, and further delay cleanup and development of the [Landfill]"

  11. Rule 24 - Intervention

    Fed. R. Civ. P. 24   Cited 9,200 times   35 Legal Analyses
    Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them

  12. Rule 23.1 - Derivative Actions

    Fed. R. Civ. P. 23.1   Cited 1,954 times   27 Legal Analyses
    Requiring only that the plaintiff allege demand futility "with particularity"

  13. Section 220 - Inspection of books and records

    Del. Code tit. 8 § 220   Cited 688 times   98 Legal Analyses
    Defining subsidiary as “any entity directly or indirectly owned, in whole or in part, by the corporation of which the stockholder is a stockholder and over the affairs of which the corporation directly or indirectly exercises control, and includes, without limitation , corporations, partnerships, limited partnerships, limited liability partnerships, limited liability companies, statutory trusts and/or joint ventures”