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United States Seventh Circuit


Hale v. Chu, 09-3262

In plaintiffs' corporate derivative suit against China Online, Inc., claiming that the defendants breached their fiduciary obligations and duties owed to the corporation and its shareholders, district court's grant of defendants' motion to dismiss is affirmed as plaintiffs have waived their argument that that the district court should have known that their complaint was really a direct action brought by China Online in its own name, as the record contains no evidence that the plaintiffs ever alerted the district court that China Online was pursuing a direct claim against the defendants despite having ample opportunity to do so.

Appellate Information

  • Argued 06/01/2010
  • Decided 08/09/2010
  • Published 08/09/2010

Judges

Court

  • United States Seventh Circuit

Counsel

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