Jones v. Harris Associates L. P. — Thomas, J., Concurring

Summary

Justice Thomas concurs in the judgment affirming the approach to § 36(b) cases but writes separately to clarify that the Court does not endorse the 'Gartenberg standard.' He argues that Gartenberg's emphasis on fee fairness could be read as judicial rate regulation, and notes that most courts have instead deferred to disinterested boards consistent with the Act.