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KING v. VERIFONE HOLDINGS, INC.

No. 330, 2010.

12 A.3d 1140 (2011)

Charles R. KING, Plaintiff Below, Appellant, v. VERIFONE HOLDINGS, INC., Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: January 28, 2011.

Attorney(s) appearing for the Case

David A. Jenkins and Michele C. Gott, Esquires , of Smith, Katzenstein & Jenkins LLP, Wilmington, Delaware; Of Counsel: Judith S. Scolnick (argued) and Tom Laughlin, Esquires , of Scott + Scott LLP, New York, New York; for Appellant.

Raymond J. DiCamillo and Kevin M. Gallagher, Esquires , of Richards, Layton & Finger, P.A., Wilmington, Delaware; Of Counsel: Robert A. Sacks, Esquire (argued), of Sullivan & Cromwell LLP, Los Angeles, California; Brendan P. Cullen , Laura Kabler Oswell and Ryan J. McCauley, Esquires , of Sullivan & Cromwell LLP, Palo Alto, California; for Appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.

JACOBS, Justice:

The sole issue on this appeal is whether a stockholder-plaintiff who has brought a stockholder's derivative action without first prosecuting an action to inspect books and records under 8 Del. C. § 220 is, for that reason alone, legally precluded from prosecuting a later-filed Section 220 proceeding. Charles R. King ("King"), the plaintiff-below appellant, brought this Section 220 action for a court-ordered inspection of certain books...

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