High Court Review Of Standing Ruling In Derivative Suit Sought

Mealey's (March 15, 2019, 11:02 AM EDT) -- WASHINGTON, D.C. — The U.S. Supreme Court should review a divided Second Circuit U.S. Court of Appeals ruling that a district court erred in holding that a plaintiff’s lack of standing in a shareholder derivative lawsuit after the sale of a nominal defendant to a third party deprived the district court of jurisdiction because the ruling conflicts with Supreme Court precedent and creates a split among the circuits as to the scope of Federal Rule of Civil Procedure 17(a)(3), defendants argue in a Feb. 28 petition for writ of certiorari (Cadian Capital Management LP, et al. v. Terry Klein, et al., No. 18-1129, U.S. Sup., 2019 U.S. S. Ct. Briefs LEXIS 764)....