Derivative actions are actions maintained by a shareholder for the benefit of a corporation against a third-party because of the corporation’s failure to take action against the third-party.
The trial court has an affirmative duty to hear and decide motions and other matters pending before it, including the entry of judgment following a bench trial. When a court unreasonably delays ruling on a motion or entry of judgment, Ind. Trial R. 53.1 and 53.2 allow a party to withdraw the case from the judge, and have the matter transferred to the Indiana Supreme Court for the appointment of a special judge. The purpose of these Rules is to compel a trial court to decide matters promptly and thereby to expedite the litigation process.
Congress enacted the “Federal Courts Jurisdiction and Venue Clarification Act of 2011” on December 7, 2011.
Withdrawal of Attorney Representation. The Indiana Supreme Court amended Ind. Trial R. 3.1 effective January 1, 2012, and added Trial Rule 3.1(H) which provides a procedure by which an attorney may withdraw his representation of a client. Trial Rule 3.1(H) should be read together with Professional Conduct Rule (“RPC”) 1.16.
As a result of the real estate debt- and derivatives-led liquidity panic that began in the fall of 2008, many investors
have experienced significant portfolio losses – often the money needed to fund their retirements. When investigating
possible errors, omissions or wrongdoing by their brokers, financial advisors, investment managers or investment
advisors, many are surprised to learn they are bound to arbitrate their claims in an arbitration administered by the
Financial Industry Regulatory Authority (FINRA).