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HALEBIAN v. BERV

No. SJC-10641.

457 Mass. 620 (2010)

JOHN HALEBIAN v. ELLIOT J. BERV & others.

Supreme Judicial Court of Massachusetts, Suffolk.

August 23, 2010.

Attorney(s) appearing for the Case

Joel C. Feffer, of New York (Michelle H. Blauner with him) for the plaintiff.

James S. Dittmar (Michael K. Isenman, of the District of Columbia, with him) for the defendants.

Ben Robbins & Martin J. Newhouse, for New England Legal Foundation, amicus curiae, submitted a brief.

John D. Donovan, Jr., & Heather B. Sanborn, for The Co-Chairs of the Task Force on the Revision of the Massachusetts Business Corporation Law, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

GANTS, J.

The United States Court of Appeals for the Second Circuit (Second Circuit) has certified to us, pursuant to S.J.C. Rule 1:03, as amended, 382 Mass. 700 (1981), the following question of State law:

"Under Massachusetts law, can the business judgment rule, established under Mass. Gen. Laws ch. 156D, § 7. 44, be applied to a derivative complaint filed timely under section 7.42 but prior to a corporation...

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