A recent post on the Harvard Law School Corporate Law Blog, (on which I have published several articles as a “contributing author”) recently discussed a 2008 decision by Supreme Court Justice-Nominee Brett Kavanaugh, in Pirelli Armstrong Tire Corp. Retiree Med. Benefits Tr. ex rel. Fed. Nat. Mortg. Ass’n v. Raines, 534 F.3d 779, 782 (D.C. Cir. 2008), that he wrote shortly after he joined the U.S. Court of Appeals for the D.C. Circuit. The decision addresses the often vexing issue of pre-suit demand futility in the context of a stockholder derivative suit. This may be of interest to those involved in Delaware corporate litigation if soon-to-be Justice Kavanaugh writes any decisions in the future having an impact on corporate law.
As an aside, last week I attended a luncheon event in Wilmington, Delaware, hosted by the Federalist Society, at which a former law clerk of Judge Kavanaugh provided insights into the nominee’s personality and judicial approach. Also providing commentary on the nominee was Judge Walter Stapleton of the U.S. Court of Appeals for the Third Circuit, for whom the nominee clerked (in Wilmington, Delaware), after Yale Law School and before clerking at the U.S. Supreme Court.
After hearing from his former clerk, and one of the judges that the nominee clerked for, who both recounted the personal habits and temperament and character of this future Supreme Court justice, I wondered for a fleeting moment if he should be canonized for sainthood. I know that sounds like an exaggeration, and it is, but after hearing about all the charitable endeavors he is involved in on a routine basis, in addition to the time he spends with his family and volunteering for the community, as well as his legendary work ethic and long hours at the office, and impeccable academic pedigree, plus his published scholarship, most people in any walk of like would pale in comparison. What an exemplary human being–regardless of one’s political views.