Jill S. Kamen v. Kemper Financial Services, Inc., and Cash Equivalent Fund

EASTERBROOK, Circuit Judge.

The Supreme Court remanded this case with instructions to decide whether, under federal law reflecting the law of Maryland, Kamen has established adequate reason for not making a demand on the directors of the Cash Equivalent Fund. — U.S. —, 111 S.Ct. 1711, 1722-23 & n. 10, 114 L.Ed.2d 152 (1991). Kamen’s request that we allow the district court to resolve that question in the first instance is inconsistent with both the Supreme Court’s instructions and her argument to the Supreme Court that we erred in declining to apply Maryland law. (We had declined, 908 F.2d…