West Coast Management & Capital, LLC v. Carrier Access Corp.

OPINION

LAMB, Vice Chancellor.

I

A stockholder derivative plaintiff that had judgment entered against it in the United States District Court for the District of Colorado for failure to plead demand futility, but without prejudice to the claims asserted on behalf of the corporation, seeks to inspect the corporation’s books and records pursuant to 8 Del. C. § 220 to obtain information sufficient to adequately plead demand futility in a proposed second derivative complaint. The court finds the derivative plaintiff is es-topped from relitigating demand futility and the Colorado federal court’s…