Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Bader v. Anderson, No. H032372

By FindLaw Staff on November 24, 2009 9:21 AM

In plaintiff's shareholder derivative suit against Apple, Inc., and its directors and officers challenging a cash performance bonus plan for non-directors that was approved by Apple shareholders after the dissemination of a proxy statement that plaintiff claimed was misleading, dismissal of plaintiff's complaint is affirmed where: 1)  plaintiff lacked standing to assert derivative claims on behalf of Apple because of her failure to make a presuit demand on the board and her failure to allege that the making of such a demand would have been futile; and 2) the claims plaintiff purported to assert in the complaint as direct claims on behalf of herself and all similarly situated shareholders are not maintainable because the gravamen of those claims is corporate in nature and may therefore be asserted only by the corporation. 

Read Bader v. Anderson, No. H032372 [HTML]

Read Bader v. Anderson, No. H032372 [PDF]

Filed November 23, 2009


Opinion by Judge Duffy

For Appellant:   Jeffrey M. Forster

For Appellee:  Dean S. Kristy, Kevin P. Muck, Jennifer C. Bretan, Fenwick & West

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard