Gomes v. American Century Co., et al
| Docket Number | 12-1639 |
| Decision Date | 28 March 2013 |
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23 cases
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Cottrell ex rel. Wal-Mart Stores, Inc. v. Duke
...or excuse. See Kamen v. Kemper Fin. Servs., Inc., 500 U.S. 90, 95–97, 111 S.Ct. 1711, 114 L.Ed.2d 152 (1991); Gomes v. Am. Century Cos., 710 F.3d 811, 815–16 (8th Cir.2013); Shaev v. Saper, 320 F.3d 373, 377–78 (3d Cir.2003). Consequently, the Federal and Delaware proceedings will mirror on......
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Rosenbloom ex rel. Allergan, Inc. v. Pyott
...recently reaffirmed their adherence to de novo review, see Lukas v. McPeak, 730 F.3d 635, 637 (6th Cir.2013); Gomes v. Am. Century Cos., Inc., 710 F.3d 811, 815 (8th Cir.2013). Motivated by similar concerns, two panels of this Court have expressed discomfort with abuse of discretion review ......
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Morefield ex rel. Nominal v. Bailey
...must plead sufficient facts to allow the Court to find the existence of the demand itself and refusal thereof. Gomes v. Am. Century Cos., 710 F.3d 811, 815 (8th Cir.2013) (citing Kamen, 500 U.S. at 96, 111 S.Ct. 1711 and Halebian v. Berv, 590 F.3d 195, 211 (2d Cir.2009)). Rule 23.1 “creates......
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Carpenters' Pension Fund of Ill. v. Neidorff
...a district court's grant of a motion to dismiss de novo, accepting all allegations within the complaint as true. Gomes v. Am. Century Cos., 710 F.3d 811, 815 (8th Cir. 2013). "To survive a motion to dismiss, a complaint must plead ‘enough facts to state a claim to relief that is plausible o......
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1 firm's commentaries
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Eighth Circuit Upholds Application Of Marylands Narrow Futility Exception To Demand Requirement
...Influenced and Corrupt Organizations Act ("RICO") as well as to Maryland state law claims. Gomes v. American Century Companies, Inc., 710 F.3d 811 (8th Cir. 2013). Plaintiff, an investor in a Maryland corporation, argued that applying Maryland's demand requirement to his racketeering claim ......
1 books & journal articles
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Dismissing Derivative Actions in the Federal Courts for Failure to Allege Demand Futility: Choosing a Standard of Appellate Review--abuse of Discretion or De Novo?
...727 F.3d 719, 724 (7th Cir. 2013).34. In re Ferro Corp. Deriv. Litig., 511 F.3d 611, 617 (6th Cir. 2008).35. Gomes v. Am. Century Cos., 710 F.3d 811, 815 (8th Cir. 2013).36. See cases cited supra notes 13-15.37. The Eleventh Circuit adopted the deferential standard in 1990. See Peller v. S.......