United States Ninth Circuit

In a derivative action against a corporation's majority shareholder claiming that defendant misappropriated the company's assets and breached its fiduciary duties to the company and the other shareholders, dismissal of the action is affirmed in part where the action was subject to removal under the Securities Litigation Uniform Standards Act and removal was timely and procedurally proper. However, the order is reversed in part where the district court erroneously gave effect to a Delaware state court injunction.

Appellate Information

• Argued 02/10/2009
• Decided 10/09/2009
• Published 10/09/2009

Judges

• BERZON, Circuit Judge:, Before:  DAVID R. THOMPSON, MARSHA S. BERZON, and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Maxwell M. Blecher and James Robert Noblin, Los Angeles, CA, and James A. Hennefer, San Francisco, CA, for plaintiffs-appellants.


• For Appellees:
  
• Peter A. Wald and David M. Friedman, San Francisco, CA, and J. Andrew Heaton, Washington, DC, for defendant-appellee Ernst & Young LLP., Alan R. Friedman and Jonathan M. Wagner, New York, NY, and Daniel H. Bookin and Dhaivat H. Shah, San Francisco, CA, for defendants-appellees Vishay Intertechnology, Inc., et al.