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New York Appellate Court Adopts Tooley Test To Determine Whether A Claim Is Derivative Or Direct
On August 7, 2012, the Appellate Division of the New York Supreme Court, First Department, issued a unanimous opinion in Yudell v. Gilbert, Index No. 600404/08, explicitly adopting the analytical framework used by Delaware courts, known as the "Tooley test," to determine whether a claim is derivative or direct.
United States
13 Aug 2012
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