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COHEN v. MIRAGE RESORTS, INC.

No. 36434.

62 P.3d 720 (2003)

Harvey COHEN, an Individual, Appellant, v. MIRAGE RESORTS, INC., A Nevada Corporation; Mirage Acquisition Sub, Inc., A Nevada Corporation; Jeffrey Paul Jacobs, an Individual; Louis Sposato, an Individual; James Scibelli, an Individual; Forrest Woodward, an Individual; Avis P. Jansen, an Individual; Jacobs Entertainment, Nevada, Inc., A Nevada Corporation; and Diversified Opportunities Group, Ltd., an Ohio Limited Liability Company, Respondents.

Supreme Court of Nevada.

Rehearing Denied March 14, 2003.

Attorney(s) appearing for the Case

Harrison Kemp & Jones, Chtd., and Jennifer C. Popick, Las Vegas; Berger & Montague, P.C., and Jacob A. Goldberg, Jill E. Sterbakov and Sherrie R. Savett, Philadelphia, Pennsylvania, for Appellant.

Schreck Brignone Godfrey and James J. Pisanelli and Todd L. Bice, Las Vegas, for Respondents.

Before SHEARING, ROSE and BECKER, JJ.

OPINION

By the Court, BECKER, J.:

The district court dismissed a former shareholder's class action complaint alleging wrongful conduct on the part of the directors and other parties involved in a corporate merger.1 The shareholder appeals, asserting he has standing, individually and on behalf of the class, to bring a suit for monetary damages when wrongful conduct results in an improper merger. Respondents, the directors...

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