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Warner Communications, Inc. v. Murdoch

581 F. Supp. 1482 (1984)

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Warner Communications, Inc. v. Murdoch

United States District Court for the District of Delaware
581 F. Supp. 1482 (1984)

RW

Facts

Warner Communications, Inc. (Warner) (plaintiff) sued Rupert Murdoch (defendant) to stop Murdoch’s hostile-takeover bid. Murdoch counterclaimed, alleging that Warner’s directors violated the disclosure requirements of § 13(d) of the Securities Exchange Act of 1934 (Exchange Act), as added by the Williams Act. Murdoch claimed that the directors agreed with other companies’ directors to pool their Warner stock holdings into a block strong enough to withstand Murdoch’s takeover attempt. Murdoch charged that the directors constituted a group within the meaning of § 13(d)(3) of the Exchange Act, and that therefore, Warner’s directors were required to file Securities and Exchange Commission (SEC) Schedule 13D forms, which the directors had failed to do. Warner’s directors denied being part of a § 13(d)(3) group and moved to dismiss Murdoch’s counterclaim.

Rule of Law

Issue

Holding and Reasoning (Wright, J.)

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