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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.