In Marchand v. Barnhill, No. 533, 2018, 2019 Del. LEXIS 310 (Del. June 18, 2019), the Delaware Supreme Court (Strine, C.J.) reversed a Delaware Court of Chancery (Slights, V.C.) order dismissing a derivative claim alleging...more
7/30/2019
/ Bad Faith ,
Blue Bell Creameries ,
Board of Directors ,
Breach of Duty ,
Caremark claim ,
DE Supreme Court ,
Derivative Suit ,
Duty of Loyalty ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Safety ,
Listeria ,
Shareholder Litigation
In In re Zagg Inc. Shareholder Derivative Action, No. 15-4001, 2016 U.S. App. LEXIS 11095 (10th Cir. June 20, 2016), the United States Court of Appeals for the Tenth Circuit held that stockholders of a Utah-based, Nevada...more
7/5/2016
/ Board of Directors ,
Breach of Duty ,
Demand Futility ,
Derivative Suit ,
Dismissals ,
Exculpatory Clauses ,
Fiduciary Duty ,
Personal Liability ,
Pleading Standards ,
Self-Interest ,
Shareholder Demands ,
Shareholder Litigation
The Delaware Supreme Court reversed the Chancery Court’s decision that it lacked authority to impose the requested use restriction, noting that Section 220(c) authorizes the Chancery Court in the exercise of discretion to...more