Hoepner v. Wachovia Corp.
North Carolina Superior Court
2001 WL 34000145 (2001)
- Written by Rose VanHofwegen, JD
Facts
Shareholder Theodore Hoepner (plaintiff) sued demanding that Wachovia Corporation (defendant) produce its shareholder list. Wachovia had announced a merger agreement with First Union Corporation that would be submitted for Wachovia shareholder approval at an upcoming meeting. Hoepner was vice president of SunTrust Banks, Inc. (SunTrust), which made an unsolicited proposal that Wachovia merge with SunTrust instead. Wachovia planned to solicit proxies in favor of merging with First Union, while Hoepner explicitly stated he intended to share the list with SunTrust to solicit proxies in favor of merging with SunTrust. Wachovia’s board rejected SunTrust’s proposal and refused to turn over the shareholder list, claiming Hoepner’s intention to share it with SunTrust made his request not in good faith or for a proper purpose as the applicable North Carolina statute required. Hoepner moved for summary judgment, demanding the list and his legal expenses.
Rule of Law
Issue
Holding and Reasoning (Tennille, J.)
What to do next…
Here's why 788,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.