Posts tagged "Eight"

International Brotherhood of Electrical Workers Local No. 129 Benefit Fund v. Tucci, et al. (and eight companion cases) (Lawyers Weekly No. 10-038-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   SJC-12137   International Brotherhood of Electrical Workers LOCAL NO. 129 BENEFIT FUND[1]  vs.  JOSEPH M. TUCCI & others[2] (and eight consolidated cases[3]).       Suffolk.     November 7, 2016. – March 6, 2017.   Present:  Gants, C.J., Botsford, Lenk, Hines, Gaziano, Lowy, & Budd, JJ.     Corporation, Stockholder’s derivative suit, Merger, Sale of assets, Valuation of stock, Board of directors.  Practice, Civil, Class action, Dismissal.       Civil actions commenced in the Superior Court Department on October 15, October 16, October 19, October 20, October 23, October 28, and October 29, 2015.   After consolidation, a motion to dismiss was heard by Edward P. Leibensperger, J.   The Supreme Judicial Court granted an application for direct appellate review.     Jason M. Leviton (Michael G. Capeci, of New York, & Joel A. Fleming also present) for International Brotherhood of Electrical Workers Local No. 129 Benefit Fund & others. Thomas J. Dougherty (Kurt Wm. Hemr also present) for Joseph M. Tucci & others. John Pagliaro & Martin J. Newhouse, for New England Legal Foundation, amicus curiae, submitted a brief. Ian D. Roffman & Matthew J. Connolly, for Associated Industries of Massachusetts, amicus curiae, submitted a brief.     BOTSFORD, J.  In these consolidated cases, shareholders of a publicly traded corporation claim that a merger transaction proposed by the board of directors will result in the effective sale of the corporation for an inadequate price.  The question we consider is whether they may bring that claim directly against the board members, or must bring it as a derivative claim on behalf of the corporation.  We answer that the claim must be brought derivatively.[4] Background.  The plaintiffs appeal from the dismissal of their first amended class action complaint (complaint)[5] alleging breaches of fiduciary duty by the board of directors of EMC Corporation (EMC) arising from a merger between EMC and Denali Holding Inc. and Dell Inc. (collectively, Dell).  At the time that they commenced these actions, the plaintiffs were shareholders of EMC; the proposed merger would result in the shareholders receiving a cash payment in exchange for their EMC stock.  The plaintiffs’ complaint alleges that they bring the actions on behalf of a class consisting of “all other shareholders of EMC . . . who are or will be deprived of the opportunity to maximize the value of their shares of EMC […]

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Posted by Massachusetts Legal Resources - March 6, 2017 at 3:54 pm

Categories: News   Tags: , , , , , , , , , , , , ,

Eight Arraigned in January Garage Riot

Eight men were arraigned today in Boston Municipal Court for their roles in a vicious brawl, which took place at the Charles Street South and Park Plaza garage on January 27.  Dennis Choi (D.O.B. 3/21/86) of Quincy, charged with one count each of assault and battery, disorderly conduct, and affray; Taylor Dang (D.O.B. 8/14/86) of Quincy, charged with two counts of each of assault and battery, disorderly conduct, and affray; Dung Hoang (D.O.B. 6/2/82) of Dorchester, charged with three counts each of assault and battery, disorderly conduct, and affray; Duy Huynh (D.O.B. 5/13/90) of Malden, charged with three counts each of assault and battery, disorderly conduct, and affray. Thanh Quang Ngyuen (D.O.B. 1/12/89) of Everett, charged with one count each of assault and battery, disorderly conduct, and affray; Tam Thanh Phan (D.O.B. 7/16/84) of South Dennis, charged with three counts each of assault and battery, disorderly conduct, and affray; and Sang Van Suynh (D.O.B. 2/11/85) of Dorchester were both charged with one count each of assault and battery, disorderly conduct, and affray.  Christopher Tran (D.O.B. 1/26/1986) of Quincy, charged with one count each of assault and battery, disorderly conduct, and affray. Prosecutors requested bail amounts ranging from $ 500 to $ 750. According to the prosecution, the defendants and four others were among a large group who attacked three men and three women inside a parking garage following a verbal confrontation. The victims were leaving the parking lot after celebrating a friend’s birthday. A 24-year-old Brookline man suffered a concussion, a separated shoulder, chipped teeth, a hand injury and numerous cuts and bruises. A 22-year-old man from East Greenwich, RI and a 23-year-old from Warwick, RI each suffered head and facial injuries. A 24-year-old Boston woman also suffered a hand injury. The assailants fled prior to the police arrival, but a video of the brawl helped identify the suspects. Trong Van Huynh (D.O.B. 6/25/87) was arrainged on March 6 and was charged with assault and battery resulting in serious injuries, affray and disorderly conduct. Alex Li Lin (D.O.B. 3/13/85), Hung T. Duong (6/02/82) and Robert Tran (D.O.B. 8/12/85) were each charged with assault and battery and related offenses.  All will return to court on July 19.  South End Patch

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Posted by Massachusetts Legal Resources - April 30, 2013 at 8:41 pm

Categories: Arrests   Tags: , , , ,