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GOYAL v. DURKACZ

C.A. No. 2021-0629-LWW.

MAHEEP GOYAL, derivatively on behalf of FSD BioSciences, Inc., Plaintiff, v. ANTHONY DURKACZ, ZEESHAN SAEED, and DONAL CARROLL, Defendants, and FSD BIOSCIENCES, INC. and FSD PHARMA, INC., Nominal Defendants.

Court of Chancery of Delaware.

Decided: May 5, 2022.

Attorney(s) appearing for the Case

Paul D. Brown and Joseph B. Cicero , CHIPMAN BROWN CICERO & COLE, LLP, Wilmington, Delaware; Roger A. Lane and Courtney Worcester , HOLLAND & KNIGHT LLP, Boston, Massachusetts; Counsel for Plaintiff Maheep Goyal

Larry R. Wood, Jr. and Brandon W. McCune , BLANK ROME LLP, Wilmington, Delaware; Jason A. Snyderman and John P. Wixted , BLANK ROME LLP, Philadelphia, Pennsylvania; Euripides D. Dalmanieras and James Fullmer , FOLEY HOAG LLP, Boston, Massachusetts; Counsel for Defendants Anthony Durkacz, Zeeshan Saeed, and Donal Carroll and Nominal Defendants FSD BioSciences, Inc. and FSD Pharma, Inc.

MEMORANDUM OPINION

A stockholder in an Ontario public corporation seeks to bring double derivative claims on behalf of the corporation's wholly-owned Delaware subsidiary. The nominal defendants and defendants have moved to dismiss this action on multiple grounds, including that the plaintiff lacks derivative standing...

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