United States Ninth Circuit

In an action for damages caused by breach of fiduciary duties owed by directors of an Alberta company, under section 242 of the Alberta Business Corporations Act (ABCA), the district court's dismissal of the counterclaim is affirmed but on different grounds where: 1) the district court should have dismissed the counterclaim under Fed. R. Civ. P. 12(b)(6) for failure to state a claim rather than rule 12(b)(1) for lack of jurisdiction; 2) there is no opportunity to remand to allow amendment of the pleadings because the right created by section 242 of the ABCA can only be enforced in the designated tribunal, the Queens Bench of Alberta.

Appellate Information

• Decided 04/27/2015
• Published 04/27/2015

Judges

• Sentelle

Court

• United States Ninth Circuit

Counsel