Davis Ex Rel. Woodside Props., LLC v. MKR Dev., LLC

OPINION BY JUSTICE STEPHEN R. McCULLOUGH

**490 *180 The circuit court dismissed without prejudice this derivative action on the ground that the plaintiff had failed to first make a demand for the limited liability company to take action. The plaintiff appeals from this ruling, arguing that the law does not require such a demand when doing so would be futile. The applicable statute, Code § 13.1-1042, and related provisions present us with a conundrum because competing canons of statutory construction point in opposite directions. We resolve this conundrum by concluding that the 2011 amendments to…