In re Wal-Mart Stores, Inc. Delaware Derivative Litigation

SUPPLEMENTAL OPINION

BOUCHARD, C.

This supplemental opinion is submitted in response to the Delaware Supreme Court’s order of remand (the “Remand Order”) asking this Court to address the following question:

In a situation where dismissal by the federal court in Arkansas of a stockholder plaintiffs derivative action for failure to plead demand futility is, held by the Delaware Court of Chancery to preclude subsequent stockholders from pursuing derivative litigation, have the subsequent stockholders’ Due Process rights been violated? See Smith v. Bayer Corp., 564 U.S. 299, 131 S.Ct. 2368, 180…