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CONDON v. KADAKIA

NO. 14-21-00014-CV.

661 S.W.3d 443 (2023)

Robert M. CONDON and CKC Partners, LLC, Appellants v. Alpesh KADAKIA; Ruchir Kadakia; Jeff Hodgson; Manticore Fuels LLC; and Gladieux Energy LLC, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Opinions filed January 19, 2023.

Attorney(s) appearing for the Case

Jeffery Taylor Nobles , Logan Leal , David Patrick Ayers , Jason Edward Williams , Erin Bullard , Houston, for Appellant.

Brenton Cooper , Cameron P. Pope , Leah Nommensen , Neil D. Kelly , Amy Pharr Hefley , Houston, for Appellee.

Panel consists of Justices Jewell, Zimmerer, and Hassan.

OPINION

For a member to sue derivatively on behalf of a Delaware LLC, the member must either make a demand that the LLC pursue litigation or meet a heightened pleading standard showing with particularity that such a demand would have been futile. Properly pleading demand futility is a difficult burden, which is not...

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