SmartBrief
0
Confirm favorite deletion?
Business Associations Keyed to Hwang, 3rd Ed.
Zapata Corp. v. Maldonado
Citation:
430 A.2d 779 (1981)Facts
In June 1975, William Maldonado, a stockholder of Zapata Corporation, instituted a derivative action in the Delaware Court of Chancery on behalf of Zapata against ten officers and/or directors, alleging breaches of fiduciary duty. Maldonado did not make a pre-suit demand on the board, claiming such demand would be futile because all directors were named as defendants and allegedly participated in the wrongful acts. In June 1977, Maldonado filed a parallel action in federal court in New York. By June 1979, four defendant-directors had left the board, and the remaining directors appointed two new outside directors. The board then created an “Independent Investigation Committee” composed solely of these two new directors to investigate the derivative actions and determine whether the corporation should continue the litigation. The Committee’s determination was binding on the corporation. After investigation, the Committee concluded in September 1979 that the actions should be dismissed as inimical to the company’s best interests, and Zapata moved for dismissal in all three pending derivative actions.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
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.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.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.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.