· 3/31/2004
Beam Ex Rel. M. Stewart Living v. Stewart
Citations
- 845 A.2d 1040
- 2004 Del. LEXIS 162
- 2004 WL 739152
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that officer-level documents also can be necessary to understand how “directors handled [management] proposals or conduct in various contexts,” which could reveal patterns of boardroom behavior
- noting that in “the demand-excusal context, . . . the board is presumed to be independent”
- observing that in considering whether demand is excused in a derivative action, demand is futile unless there is a majority of independent directors
- noting that the existence of a “personal friendship” is insufficient to establish that a director is not independent
- noting that in “the demand-excusal context, . . . the board is presumed to be independent”
- explaining that Officer-Level Materials can be necessary to understand how “directors handled [management] proposals or conduct in various contexts,” which could reveal patterns of boardroom behavior
Source: CourtListener parenthetical corpus (CC0).
Judges: Veasey, Holland, Berger, Steele, Jacobs
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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