Nu Med Home Health Care, Inc. v. Hospital Staffing Services Inc.

All of the cases relied on by the majority emanate from Shamrock Associates v. Texas American Energy Corp., 517 A.2d 658 (Del. Ch.1986), a case holding that if the corporation has obtained the NOBO list, it must give it to the shareholder. The eases simply appear to conclude that it follows from Shamrock that if the corporation has not already obtained the NOBO list, it does not have to obtain and produce it. In my opinion, the second proposition does not follow from the first. After all, NOBOs are shareholders, the corporation is statutorily required to maintain a list of its shareholders,…