Search for: "Zimmerman v. Braddock" Results 1 - 7 of 7
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31 Mar 2009, 3:16 am
  The court noted that the standard under Delaware law is whether the claims alleged by the second amended complaint, filed after the new board was seated, were already “validly in litigation” when the first derivative allegations were made at the time the old board was in place,   The court noted that the Delaware Supreme Court in Braddock v. [read post]
13 Apr 2020, 4:28 am by Franklin C. McRoberts
Third, for a prior pleading to be “validly in litigation” for purposes of the relation-back rule, the prior pleading “can or has survived a motion to dismiss,” including an attack upon the sufficiency of the prior complaint’s allegations of pre-suit demand or demand futility (Braddock v Zimmerman, 906 A2d 776, 779 [Del 2006]). [read post]