Hurd may be able to successfully argue that West has no standing. Nevada law requires at least one-fourth of the BoD be elected annually by a majority vote of its stockholders. How long has it been since an annual or special shareholder meeting was held to do this? Without regular meetings, did Urbie have the authority to appoint West to the BoD as his successor?
panther, ... If the affirmative defense of lack of standing to sue is alleged in good faith, it probably means that CMKX is saying Hurd either isn't a shareholder now or wasn't a shareholder at the time of the manipulations (and thus was not harmed by them). ... eom
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