In Re Cray Inc.’s Empirical Analysis

Citation profile

3 district · 2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A complaint in a proceeding brought in the right of a corporation must be verified and allege with particularity the demand made, if any, to obtain action by the board of directors and either that the demand was refused or ignored or why a demand was not made. Whether or not a demand for action was made, if the corporation commences an investigation of the charges made in the demand or complaint, the court may stay any proceeding until the investigation is completed.”

   2 later decisions quote this exact passage · from the majority
   e.g. 166 Wash. 2d 229 - Locals 302 & 612 of the International Union of Operating Engineers-Employers Construction Industry Retirement Trust ex rel. F5 Networks, Inc. v. McAdam · In Re F5 Networks, Inc.

2. “no single factor — such as receipt of directorial compensation; family or social relationships; approval of the transaction attacked; or other relationships with the corporation (e.g., attorney or banker) — may itself be dispositive in any particular case. Rather the question is whether the accumulation of all factors creates ... reasonable doubt [that the directors are disinterested and independent].”

   1 later decision quote this exact passage · from the majority
   e.g. In re Johnson & Johnson Derivative Litigation

3. “its independent and disinterested business judgment in responding to demand.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re F5 Networks, Inc.