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ARDUINI v. HART

No. 12-15750.

774 F.3d 622 (2014)

Lawrence ARDUINI, derivatively on behalf of International Game Technology, Plaintiff-Appellant, v. Patti S. HART; Thomas J. Matthews; Patrick W. Cavanaugh; Robert A. Bittman; Richard R. Burt; Robert A. Mathewson; Robert Miller; David E. Roberson; Philip G. Satre, Defendants-Appellees, and International Gaming Technology, Nominal Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 17, 2014.

Attorney(s) appearing for the Case

Francis A. Bottini, Jr. and Albert Y. Chang (argued), Bottini & Bottini, Inc., La Jolla, CA, for Plaintiff-Appellant.

Richard G. Campbell, Jr. and Robert F. Meich , Armstrong Teasdale LLP, Reno, NV; Boris Feldman (argued), David S. Steuer , Cynthia Dy , and Cheryl W. Foung , Wilson Sonsini Goodrich & Rosati, Palo Alto, CA, for Nominal Defendant-Appellee.

Before: MARY M. SCHROEDER and CONSUELO M. CALLAHAN, Circuit Judges, and ROBERT W. PRATT, Senior District Judge.

OPINION

Shareholders are required to make a "demand" on the corporation's board of directors before filing a derivative suit, unless they sufficiently allege that demand would be futile because the board would not act on the demand. Here, before Plaintiff Lawrence Arduini ("Arduini") filed his derivative action...

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