Ritter v. Dollens

SHEPARD, Chief Justice.

The U.S. District Court of the Southern District of Indiana has asked us if passage of the Indiana Business Corporation Law in 1986 requires a shareholder commene-ing a derivative lawsuit to make a written demand on the corporation unless irreparable injury to the corporation would result, or if demand is still excused if it would be futile. Pursuant to Indiana Ap*572pellate Rule 64, Judge Sarah Evans Barker has certified the following question of Indiana law:

Under Indiana Code § 23-1-82-2, regarding futility, by what legal standard should a court evaluate a shareholder's…