Will Allergan Botox the Wrinkles Out of Securities Regulation?

Securities Regulation Law Journal, 41 Sec. Reg. L.J. 287 (2013)

Gonzaga University School of Law Research Paper No. 2016-7

19 Pages Posted: 21 May 2016

Date Written: 2013

Abstract

The article describes how the Delaware Supreme Court dealt with derivative suits concerning the same subject matter that are filed in different jurisdictions. In a case entitled Pyott v. Louisiana Municipal Police Retirement System it deferred on collateral estoppel grounds to an earlier decision by a federal court in California. In doing so, this holding respected litigation in other fora outside of Delaware. I speculate that Delaware’s approach here could result in better results for shareholders who prosecute wrongdoing by corporate insiders.

Keywords: Derivative Suits, Collateral Estoppel, Issue Preclusion, Demand Excused

Suggested Citation

Morrissey, Daniel J., Will Allergan Botox the Wrinkles Out of Securities Regulation? (2013). Securities Regulation Law Journal, 41 Sec. Reg. L.J. 287 (2013); Gonzaga University School of Law Research Paper No. 2016-7. Available at SSRN: https://ssrn.com/abstract=2779755

Daniel J. Morrissey (Contact Author)

Gonzaga University - School of Law ( email )

721 N. Cincinnati Street
Spokane, WA 99220-3528
United States

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