Lawrence Arduini v. Igt
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
CALLAHAN, Circuit Judge:
Shareholders are required to make a “demand” on the corporation’s board of directors before filing a derivative suit, unless they sufficiently allege that demand would be futile because the board would not act on the demand. Here, before Plaintiff Lawrence Arduini (“Arduini”) filed his derivative action against 'International Gaming Technology (“IGT”) and its board of directors, four shareholders filed separate derivative suits that were subsequently consolidated. The district court then dismissed the consolidated suit for failure to make a demand on the…
2Cases cited26 opinions
- Taylor v. SturgellSupreme Court of the United States · 2008
- Aronson v. LewisSupreme Court of Delaware · 1984
- Ross v. BernhardSupreme Court of the United States · 1969
- Brehm v. EisnerSupreme Court of Delaware · 2000
- Burks v. LaskerSupreme Court of the United States · 1979
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