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Business Organizations Keyed to Bouchoux
CA, Inc. v. AFSCME Employees Pension Plan
Citation:953 A.2d 227 (Del. 2008)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
CA is a Delaware corporation, whose board of directors consists of twelve persons, all of whom sit for reelection each year. AFSCME, a CA stockholder, is associated with the American Federation of State, County and Municipal Employees. AFSCME submitted a proposed stockholder bylaw for inclusion in the company’s proxy materials for its annual meeting of stockholders. On April, 2008, CA notified the SEC of its intention to exclude the proposed bylaw from its proxy materials. The company requested a no-action letter stating that the SEC would not recommend any enforcement action to the SEC if CA excluded the AFSCME proposal.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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