Delaware Business Litigation Report

Delaware Supreme Court Sets Pleading Rules

Wood v. Baum, Del Sup. C.A. 621, 2007 (Del. July 1, 2008)

The Delaware Supreme Court has clarified the pleading standard that must be met to excuse demand on a board in a derivative suit. When a non-exculpated claim is plead, such as fraudulent conduct, the plaintiff must state particularized facts to support her claim.

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