· 5/5/2003
Guttman v. Huang
Citations
- 823 A.2d 492
- 2003 Del. Ch. LEXIS 48
- 2003 WL 21058185
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, where a complaint fails to provide any facts indicating that the directors had a basis to believe the company’s financial statements were misleading, evidence that two of them sold a large portion of their stock does not support a conclusion that they are liable
- finding that complaint lacked factual allegations critical to a Caremark claim, such as lack of board committees, committees’ failure to meet regularly and committees’ failure to devote adequate time to their work
- \the complaint fails to address whether the directors traded because options were expiring or because IPO-related restrictions on liquidity had recently ended.\
- “Mere notice pleading is insufficient to meet the plaintiffs’ burden to show demand excusal in a derivative case.”
- \A Caremark claim is a difficult one to prove.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Strine
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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