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LANSKY v. NWA, INC.

No. C9-91-25.

471 N.W.2d 713 (1991)

David LANSKY, R.B. Shields, Andrew Samet, Genevieve M. Bilski, Jonathan Smalldone, Melanie S. Pozez, Joseph Lambrecht, Charles Tanenbaum and Seymour Beidner, on behalf of themselves and all other shareholders of NWA Inc., similarly situated, Respondents, v. NWA INC., Appellant, James A. Abbott, et al., Defendants.

Court of Appeals of Minnesota.

Review Denied August 29, 1991.

Attorney(s) appearing for the Case

Karl L. Cambronne, Jack L. Chestnut, Chestnut & Brooks, P.A., Charles S. Zimmerman, Zimmerman & Reed, Minneapolis, for respondents.

Robert E. Woods, Michael C. Krikava, Briggs and Morgan, Minneapolis, for appellant.

Dorian S. Jordan, NWA Inc., Eagan, for defendants.

Considered and decided by LANSING, P.J., and PETERSON and SCHULTZ, JJ.

OPINION

LANSING, Judge.

NWA Inc. challenges an award of attorney's fees and costs in a shareholder derivative suit dismissed as moot. Because the trial court incorrectly based its decision on a presumption of causation by sequence, we reverse and remand for an evidentiary hearing on causation.

FACTS

After the board of directors of NWA Inc. rejected a $90-per-share takeover offer, respondents, former shareholders of NWA Inc., brought suit...

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