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JOHNSTON v. BOX

SJC-10231

453 Mass. 569 (2009)

ERIC JOHNSTON v. ALAN L. BOX & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 13, 2009.

Attorney(s) appearing for the Case

Eric L. Zagar, of Pennsylvania (Tara P. Kao & James H. Miller, of Pennsylvania, with him) for the plaintiff.

Roger A. Lane (Courtney Worcester & Matthew Martel with him) for Special Litigation Committee of the Board of Directors of American Tower Corporation.

Douglas S. Brooks, for Joseph L. Winn, was present but did not argue.

Kurt Wm. Hemr, for Arnold L. Chavkin, was present but did not argue.

Meredith A. Wilson, for Alan L. Box & others, was present but did not argue.

Marbree D. Sullivan, for Steven B. Dodge, was present but did not argue.

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

CORDY, J.

In this appeal, we consider whether a complaint in a shareholder derivative action is sufficient under Delaware law to survive a motion to dismiss. Specifically, we must determine whether its particularized factual allegations create a reasonable doubt that the board of directors (board) of American Tower Corporation (ATC) was capable of exercising independent and disinterested judgment in responding to allegations that former and current officers and directors...

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