(Total Views: 579)
Posted On: 10/20/2021 12:30:40 PM
Post# of 148870
Re: HHIGambler #108211
GO CYDY- the injunction DENIED for the 13diminishing group
https://law.justia.com/cases/delaware/court-o...jrs-0.html
just a snippet
"6.Factor (iii) of Kirpat weighs heavily in favor of Defendants because they will experience substantial harm if the Motion is granted. Again, if Defendants are enjoined from holding their annual meeting, then Plaintiffs will have obtained much if not all of the relief they sought and were denied after a trial on the merits.Plaintiffs lost after trial. That means they were afforded an opportunity to prove that Defendants breached the advance notice bylaw by rejecting Plaintiffs’ nomination notice,but they failed to present sufficient evidence to prove that claim. Given that the very purpose of an advance notice bylaw is to “permit orderly . . . election contests,” to deny CytoDyn the benefit of its advance notice bylaw by forcing a delay of its annual meeting, particularly after it prevailed at trial, would cause harm to the Company."
https://law.justia.com/cases/delaware/court-o...jrs-0.html
just a snippet
"6.Factor (iii) of Kirpat weighs heavily in favor of Defendants because they will experience substantial harm if the Motion is granted. Again, if Defendants are enjoined from holding their annual meeting, then Plaintiffs will have obtained much if not all of the relief they sought and were denied after a trial on the merits.Plaintiffs lost after trial. That means they were afforded an opportunity to prove that Defendants breached the advance notice bylaw by rejecting Plaintiffs’ nomination notice,but they failed to present sufficient evidence to prove that claim. Given that the very purpose of an advance notice bylaw is to “permit orderly . . . election contests,” to deny CytoDyn the benefit of its advance notice bylaw by forcing a delay of its annual meeting, particularly after it prevailed at trial, would cause harm to the Company."
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