In their Appellate Division Review, E. Leo Milonas and Frederick A. Brodie, partners at Pillsbury Winthrop Shaw Pittman, write that New York courts have traditionally decided whether shareholders' claims are "derivative" or "direct" on a case-by-case basis, and, as a result, the distinction between derivative and direct lawsuits has been fact-dependent and difficult to pin down.
Fine-Tuning the Law in Business, Family, Government
New York Law Journal
October 19, 2012
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