Beam Ex Rel. Martha Stewart Living Omnimedia, Inc. v. Stewart

OPINION

CHANDLER, Chancellor.

Monica A. Beam, a shareholder of Martha Stewart Living Omnimedia, Inc. (“MSO”), brings this derivative action against the defendants, all current directors and a former director of MSO, and against MSO as a nominal defendant. The defendants have filed three separate motions seeking (1) to dismiss Counts II, III, and IV under Court of Chancery Rule 12(b)(6) for failure to state claims upon which relief may be granted; (2) to dismiss the amended complaint under Court of Chancery Rule 23.1 for failure to comply with the demand requirement and for failure adequately to…