Delaware Business Litigation Report

Delaware District Court Applies Delaware Demand Standards

Butorin v. Blount, C.A. No. 15-283-LPS (D. Del. September 30, 2018)

In this decision, the Delaware Federal District Court applied the Delaware tests for deciding if demand is excused by the facts alleged in a derivative complaint. In dismissing the complaint, the Court held that simply pleading the Board should have known of business problems is not enough to excuse demand. The decision also notes several other defects in the complaint.

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