Deephaven Risk Arb Trading Ltd. v. UnitedGlobalCom, Inc., 2005 WL 1713067, at *9-10 (Del.Ch.) (finding that the plaintiff proved "by a preponderance of the evidence a credible basis” to support allegations of mismanagement based on "sufficiently inconsistent" corporate press releases appearing to contain false or misleading information); Forsythe v. CIBC Employee Private Equity Fund (U.S.) I.L.P., 2005 WL 1653963, at *5 (Del.Ch.) ("finding a credible basis for inferring mismanagement”); Cohen v. El Paso Corp., 2004 WL 2340046, at *2 (Del.Ch.) ("finding that two incidents provide a credible basis upon which [the shareholder] alleges a proper purpose in investigating waste and mismanagement.”); Deephaven Risk Arb. Trading Ltd. v. UnitedGlobalCom, Inc., 2004 WL 1945546, at *7 (Del.Ch.) (<HOLDING>); Marathon Partners, L.P. v.M & F Worldwide
holding that the claims of defrauded shareholders could be subordinated to the claims of general creditors even though both were presumably innocent holding that because the court could not consider police reports it could not rely on an attorneys argument based on the police report as the basis for determining the statutory basis for a conviction holding claims based on title vii subject to arbitration holding abuse of discretion is established if district court decision was based on an error of law holding that a credible basis was established based on the shareholders claims