In re F5 NETWORKS, INC., Derivative Litigation.
Locals 302 and 612 of the International Union of Operating Engineers-Employers Construction Industry Retirement Trust, Glenn Hutton and Allen Easton, derivatively on behalf of F5 Networks, Inc., Plaintiffs,
v.
John McAdam, Alan J. Higginson, Karl D. Guelich, Keith D. Grinstein, Rich Malone, A. Gary Ames, Joann M. Reiter, Carlton Amdahl, Steven Goldman, Brett L. Helsel, Jeff Pancottine, Tom Hull, Steven B. Coburn, Edward J. Eames, Andy Reinland, Jeffrey S. Hussey, John Rodriguez, Defendants, and
F5 Networks, Inc., a Washington corporation, Nominal Defendant.
Supreme Court of Washington, En Banc.https://leagle.com/images/logo.png
Argued March 24, 2009.
Decided May 21, 2009.
Attorney(s) appearing for the Case
John G. Emerson Jr., Emerson Poynter LLP, Houston, TX, William B. Federman, Sara E. Collier, Federman & Sherwood, Oklahoma City, OK, Benny Goodman, Kevin K. Green, Travis E. Downs, Coughlin, Stoia, Geller, San Diego, CA, Kip B. Shuman, Shuman & Berens, Denver, CO, Kirk Robert Mulfinger, Mulfinger Law Group, Bellevue, WA, Tamara J. Driscoll, Attorney at Law, Seattle, WA, Daniel Morrissey, Spokane, WA, for Plaintiffs.
Brian D. Buckley, Christopher Michael Huck, Jeffrey Bruce Coopersmith, Stellman Keehnel, Russell Brent Wuehler, Kit William Roth, Patrick Timothy Jordan, DLA Piper LLP, Gregory J. Hollon, Robert M. Sulkin, McNaul Ebel Nawrot & Helgren, John Alan Knox, Randy Jarl Aliment, William Kastner & Gibbs, PLLC, Hugh Frederick Bangasser, Philip Mosby Guess, George E. Greer, Lori Lynn Phillips, Orrick Herrington & Sutcliffe LLP, Seattle, WA, Richard A. Kirby, K & L Gates LLP, Washington, DC, for Defendants.
Kristopher Ian Tefft, Association of Washington Business, Olympia, WA, Amicus Curiae on behalf of Association of Washington Business.
Clifford Allen Cantor, Law Offices of Clifford A. Cantor PC, Sammamish, WA, Counsel for Other Parties.
Supreme Court of Washington, En Banc.
CHAMBERS, J.
¶ Judge Robert S. Lasnik of the United States District Court, Western District of Washington, asked us to answer two certified questions:
"What test does Washington apply to determine whether allegations made pursuant to RCW 23B.07.400(2) by a shareholder seeking to initiate derivative litigation on behalf of a Washington corporation excuse that shareholder from first making demand on the board of directors to bring that litigation on behalf...
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