Bryceland v. Minogue

SOUTER, Associate Justice.

Marta Bryceland appeals the dismissal of her shareholder derivative action brought on behalf of Abiomed, Inc. Because Bryceland’s complaint fails to plead with the required particularity that a demand to the directors for remedial action would have been futile, we affirm.

On defendants’ motion to dismiss under Fed.R.Civ.P. 12(b)(6), the following facts are taken as stated in the complaint. Abiomed is a Delaware corporation with its principal place of business in Massachusetts. It develops products to assist or replace the pumping of the human heart, and the company’s…