Western Investment LLC v. Deutsche Multi-Market Income Trust, et al. (Lawyers Weekly No. 12-009-17)
Court dismisses shareholder challenge to trustees' application of majority-of-outstanding-shares voting requirement in contested trustee election.
Court dismisses shareholder challenge to trustees' application of majority-of-outstanding-shares voting requirement in contested trustee election.
Trustees' application of majority-vote requirement for board election, contained in disclosed by-laws and strictly applied, did not breach fiduciary duties or good faith covenant.
Property owner lacked record title necessary to bring try title action challenging mortgage assignment and foreclosure; court may consider merits to determine standing.