Securities,
Civil Litigation,
Corporate,
9th U.S. Circuit Court of Appeals
Nov. 14, 2018
Overruled on other grounds by Brehm v Eisner
Unlike the Delaware Supreme Court, the 9th Circuit continues to review dismissals of shareholder derivative actions on demand futility grounds for abuse of discretion.
Bryan Ketroser
Partner
Alto Litigation
Email: bryan@altolit.com
Bryan focuses his practice on commercial litigation, securities litigation and SEC investigations.
"Overruled on other grounds by Brehm v. Eisner."
If you have ever litigated corporate fiduciary duty claims, the odds are good that you -- or your paralegal -- have seen the above phrase countless times. Ever wonder why?
Motions to dismiss based on the sufficiency of allegations in a complaint usually are reviewed by courts of appeal de novo
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