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Constitutional Law Keyed to Cohen
CTS Corp. v. Dynamics Corp.
Citation:
481 U.S. 69, 107 S.Ct. 1637, 95 L.Ed.2d 67 (1987).Facts
Indiana passed a law (Indiana Act) requiring a majority vote of all disinterested shareholders in a corporation to give voting rights to an entity that acquires “control shares” in the corporation. This gave the minority shareholders a chance to consider the fairness of the tender offer collectively to make a well-informed decision in their best interests. Under the Indiana Act, the shareholders must vote on whether to grant the voting rights to the acquirer. Dynamics owned 9.6% of CTS stock when it announced a tender offer for another million shares of CTS, an amount that would have brought Dynamics’s ownership interest above the 20% threshold under the Indiana Act. Dynamics brought suit alleging that the Indiana Act violated the Commerce Clause.
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Topic Resources
Topic Outline
State Power (Federalism)