Youngman v. Tahmoush

HARTNETT, Vice Chancellor.

Defendants moved to dismiss this stockholder’s derivative action on the grounds that plaintiff has an incurable conflict of interest which precludes his representation of the stockholders. The motion must be denied.

I

This stockholder’s derivative action was brought by plaintiff, Bruce Youngman, on behalf of all the stockholders of Frank B. Hall & Company (“Hall”) for damages and other relief arising out of alleged improper actions taken by the Board of Directors of Hall in response to an incomplete takeover attempt by Ryder Systems, Inc. (“Ryder”). Plaintiff maintains…