Beam v. Stewart

Citation

845 A.2d 1040 (Del. 2004)

Facts

Stub — to be completed.

Issue

Stub — to be completed.

Holding

Stub — to be completed.

Rule

To establish demand futility based on director interest, a plaintiff must show a reason to doubt each director’s ability to act independently; social relationships and business connections alone are generally insufficient — there must be specific facts suggesting that a director’s interest in a friendship or relationship would cause them to be unable to exercise independent business judgment.

Significance

Clarifies the director independence analysis for demand futility in Delaware; social ties to the alleged wrongdoer, even close friendships, do not automatically establish a lack of independence absent additional facts showing a material dependence.

Courses