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Federal Procedure-Venue-Transfer Under Section 1404(A) To District Where Venue Originally Would Have Been Improper, Wilber M. Brucker, Jr. S. Ed.
Federal Procedure-Venue-Transfer Under Section 1404(A) To District Where Venue Originally Would Have Been Improper, Wilber M. Brucker, Jr. S. Ed.
Michigan Law Review
Civil anti-trust actions were properly brought against defendants in the Federal District Court for the District of Delaware. Defendants sought a transfer of the suits to a district court in Texas under section 1404(a) of the Judicial Code, which allows a transfer when requirements of convenience are met to any district where the suit "might have been brought" Although venue in the Texas District Court would not have been proper when the suits were originally instituted, defendants claimed that their express waiver of improper venue removed the bar to transfer. The district court ruled that it lacked the power to …
Federal Courts-Venue-Transfer To A More Convenient Forum Under Title 28, United States Code, Section 1404(A), Nolan W. Carson S. Ed.
Federal Courts-Venue-Transfer To A More Convenient Forum Under Title 28, United States Code, Section 1404(A), Nolan W. Carson S. Ed.
Michigan Law Review
A cause of action based on diversity of citizenship was brought in a United States District Court in Pennsylvania by a New York corporation against a Delaware corporation. Plaintiff joined a New York corporation as an involuntary plaintiff. Defendant then moved for a transfer based on forum non conveniens to the Southern District of New York. Held, this suit could not have been brought originally in the Southern District of New York since the present involuntary plaintiff, amenable to process in that district, could only have been joined as a defendant and diversity of citizenship would have been absent. …
Corporations--Corporate Policy, The "Cure-All" For Proxy Solicitation Ailments, David M. Michaelson S. Ed.
Corporations--Corporate Policy, The "Cure-All" For Proxy Solicitation Ailments, David M. Michaelson S. Ed.
Michigan Law Review
All too often lawyers and students of law are inclined to assume that some principle or formula· has become so deeply rooted in the law that it has acquired a sanctity which gives it an all-embracive effect, a "cure-all," as it were, for legal ailments. This has been the usual approach when the question has arisen of the propriety of spending corporate funds to solicit proxies. The ever-faithful panacea has been to say, quite automatically, that where the intra-corporate contest is concerned with matters of policy as distinguished from personnel of management, then corporate funds may be used to inform …
Alterations Of Accrued Dividends: Ii, Arno C. Becht
Alterations Of Accrued Dividends: Ii, Arno C. Becht
Michigan Law Review
If the present course of decisions is continued, it is a serious question whether investors can safely purchase preferred stock at a price above the common stock of the same corporation. In all frankness, such certificates should now bear on their faces a statement that they are subject to alteration in a great variety of ways, all to their detriment, and that if business is bad, losses will be visited upon them, regardless of the liquidation and other preferences which they have on paper. It seems not unlikely that corporations will find that the temporary expedients which they have adopted …