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United States Leading Case derivative claims

Rales v Blasband

634 A.2d 927 (Del. 1993)
JurisdictionUnited States
CourtDelaware Supreme Court
Year1993
StatusBinding authority

Summary

Where the board did not make the challenged decision, demand futility is assessed by whether the current board could impartially consider a litigation demand.

Key Principle

When a majority of the board did not make the challenged decision, demand futility is tested by whether the board could impartially consider a demand.

Area of Law

corporate

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