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RODRIGUEZ v. LOUDEYE CORP.

No. 59932-1-I.

189 P.3d 168 (2008)

Eli RODRIGUEZ, individually, and on behalf of others similarly situated, Appellant, v. LOUDEYE CORP., Michael A. Brochu, Jason S. Berman, Kurt R. Krauss, Johan C. Liedgren and Frank A. Varasano, Respondents, and Nokia, Inc., and Loretta Acquisition Corporation, Defendants.

Court of Appeals of Washington, Division 1.

Publication Ordered June 3, 2008.

Attorney(s) appearing for the Case

Clifford A. Cantor, Law Offices of Clifford A. Cantor, Sammamish, WA, Karen T. Rogers, Michiyo M. Furukawa, Milberg Weiss LLP, Los Angeles, CA, for Appellant.

Daniel J. Dunne, Charles J. Ha, Leonard J. Feldman, Christopher Lanese, Heller Ehrman LLP, Seattle, WA, for Respondents.

AGID, J.

¶ 1 Shareholders of Loudeye Corp. ("Loudeye"), a Delaware corporation, appeal the trial court's order dismissing their complaint against Loudeye directors alleging breach of their fiduciary duties in conducting a merger with Nokia Corp. ("Nokia"). The shareholders assert the trial court improperly considered an exculpatory provision in Loudeye's charter that bars any claims for damages against its directors for breach of the duty of due care and that...

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