Gap Investor Asks Appeals Court for New Look at Forum Bylaws

July 5, 2023, 7:58 PM UTC

A Gap Inc. bylaw that funnels certain shareholder suits into courts that can’t hear them should get another look from the full Ninth Circuit, an investor and three public interest groups said.

The judges who split 6-5 in a ruling for Gap directors in June made up a “limited” en banc panel, Public Citizen and the other groups said to the appeals court Monday. The US Court of Appeals for the Ninth Circuit lists 52 judges on its website, of whom 23 have senior status.

The Gap bylaw specified the Delaware Court of Chancery—a court known for handling corporate disputes—as ...

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