King v. VeriFone Holdings, Inc.

JACOBS, Justice:

The sole issue on this appeal is whether a stockholder-plaintiff who has brought a stockholder’s derivative action without first prosecuting an action to inspect books and records under 8 Del. C. § 220 is, for that reason alone, legally precluded from prosecuting a later-filed Section 220 proceeding. Charles R. King (“King”), the plaintiff-below appellant, brought this Section 220 action for a court-ordered inspection of certain books and records of the corporate defendant-below, appellee VeriFone Holdings, Inc. (“VeriFone”). The Court of Chancery dismissed King’s complaint,…