1. Home
  2. Browse Decisions
  3. A.2d
  4. 701 A.2d
  5. 701 A.2d 70 (1997)
 

SCATTERED CORP. v. CHICAGO STOCK EXCH.

No. 344, 1996.

701 A.2d 70 (1997)

SCATTERED CORPORATION, and Laura Bryant, both individually and on behalf of the Chicago Stock Exchange, Inc., Plaintiffs Below, Appellants, v. CHICAGO STOCK EXCHANGE, INC., Erwin E. Schulze, Homer J. Livingston, Jr., John L. Fletcher and David B. Sullivan, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: September 4, 1997.

As Revised on Denial of Reargument October 22, 1997.

Attorney(s) appearing for the Case

Robert K. Payson and Arthur L. Dent, Potter Anderson & Corroon, Wilmington; Fred Foreman, Leland W. Hutchinson, Jr. (argued), Elizabeth D. Sharp and Paul A. Hybel, of Freeborn & Peters, Chicago, IL; (C. Philip Curley and Judi A. Lamble, of counsel), Robinson, Curley & Clayton, P.C., Chicago, IL, for Appellants.

R. Franklin Balotti (argued), and Todd C. Schiltz, Richards, Layton & Finger, Wilmington, for Appellees Erwin E. Schulze, Homer J. Livingston, Jr., John L. Fletcher and David J. Sullivan.

Stephen P. Lamb and Joel E. Friedlander, Lamb & Bouchard, P.A., Wilmington; (Maurice J. McSweeney and James M. Caragher, of counsel), Foley Lardner, Milwaukee, WI, for Appellees Chicago Stock Exchange, Inc.

Before VEASEY, C.J., WALSH and HARTNETT, JJ.

VEASEY, Chief Justice:

In this appeal we apply existing law to a stockholder derivative suit where a pre-suit demand was refused. In doing so we explicate the settled legal principles as they apply to these specific facts, holding that the making of a demand waives only any contention that the board was incapable of acting on the demand. A demand does not preclude a plaintiff from alleging with particularity facts creating...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases