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Nevada Supreme Court Uses New York Approach to Evidentiary Standard

In Auerbach v. Bennetta shareholder can't proceed with derivative litigation after special litigation committee requests dismissal unless district court determines committee lacked independence, failed to conduct a thorough investigation in good faith.

Nevada Supreme Court Affirms Choice Of New York Over Delaware - Trials & Appeals & Compensation

Five years ago, I noted that the Nevada Supreme Court had adopted New York's more deferential approach for assessing special litigation qualifications in Auerbach v. Bennett, 393 N.E.2d 994 (N.Y. 1979).

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