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https://www.cslawreport.com/files/2018/01/30/wendys-complaint.pdf
2. This derivative action is brought against certain members of the Company’s Board of Directors (the “Board”) and certain of its executive officers (collectively, the “Individual Defendants”) seeking to remedy the Defendants’ violations of state law and
http://securities.stanford.edu/filings-documents/1043/BIDZ09_01/2009710_o01c_0904984.pdf
1 Plaintiff, by his attorneys, submits this Verified Shareholder Derivative Complaint against the 2 defendants named herein. 3 NATURE AND SUMMARY OF THE ACTION 4 1. This is a shareholder derivative action brought by a shareholder of BIDZ.com, Inc. 5 ("BIDZ" or the "Company") on behalf of the Company against certain of its officers and directors
https://www.law.du.edu/images/uploads/corporate-governance/ind-dir-risberg-v-mcardle-complaint.pdf
the "Company"), and files this Verified Shareholder Derivative Complaint (the "Complaint") pursuant to Federal Rule of Civil Procedure 23.1 on behalf of the Company against certain of its officers and directors seeking to remedy Defendants' violations of the law, including breaches of
https://www.calstrs.com/sites/main/files/file-attachments/derivative_action_lawsuit.pdf
VERIFIED SHAREHOLDER DERIVATIVE COMPLAINT Plaintiff California State Teachers’ Retirement System (“CalSTRS”), by and through its undersigned counsel, brings this action derivatively on behalf of Nominal Defendant Wal-Mart Stores, Inc. (“Wal-Mart” or the …
https://www.mondaq.com/pdf/clients/87654.pdf
derivative suit is a uniquely equitable remedy in which a shareholder asserts on behalf of a corporation a claim belonging not to the shareholder, but to the corporation.”);
http://law7555.com/wp-content/uploads/2015/08/derivativelawsuits4-5-10.pdf
In a derivative lawsuit, the plaintiff-shareholder seeks a remedy against the third party defendant only – the plaintiff does not seek damages from the corporation, even though the corporation is a defendant.
http://www.bottinilaw.com/sites/default/files/%282011-12-22%29%20Complaint.pdf
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION AMY COOK, derivatively on behalf of ... files this Verified Shareholder Derivative Complaint against Individual Defendants Steven H. Lesnik, Leslie T. Thornton, Dennis H. Chookaszian, David W. ... This is a shareholder derivative action which seeks to remedy wrongdoing
https://regmedia.co.uk/2014/08/13/appleshareholdersuit.pdf
The DOJ filed a complaint against Apple, Adobe, Google, Intel, Intuit, and Pixar on September 24, 2010, alleging that these companies’ private agreements restrained …
http://blogs.reuters.com/alison-frankel/files/2015/01/imperialshareholder-complaint.pdf
class or derivative actions. The Bylaw requires curre nt and former shareholders who wish to file a class or derivative action against Imperial Holdings, its directors, or its officers to first obtain written consent from other shareholders beneficially owning at least 3%, or over 642,000, Company shares. 6.
https://www.hollywoodreporter.com/sites/default/files/custom/Aaron/Summons%20and%20Complaint%20-%20Filed%202014-11-05.pdf
for the relief demanded in the complaint. Plaintiff designates New York County as the place of trial pursuant to CPLR § 503(a) on the grounds that at least one of the plaintiffs and defendants is ...
https://davidrichlaw.com/an-llc-member-in-new-york-may-not-intermingle-derivative-claims-brought-on-the-llcs-behalf-with-individual-claims/
Nov 09, 2011 · However, the counts of the member’s Complaint that allege derivative claims brought on the LLC’s behalf must be separate from the counts of Complaint that plead the member’s individual claims. In other words, no count of the LLC member’s Complaint may contain both a derivative claim, brought on the LLC’s behalf, and an individual claim of the plaintiff member.
https://www.sec.gov/Archives/edgar/data/92344/000119312505187207/dex99a1viii.htm
shareholder derivative petition for breach of fiduciary duty – page 15 disinterested, independent decision about whether to prosecute this action. Therefore, demand on the Board, although made, was futile in retrospect.
https://law.justia.com/codes/california/2007/corp/800.html
(b) No action may be instituted or maintained in right of any domestic or foreign corporation by any holder of shares or of voting trust certificates of the corporation unless both of the following conditions exist: (1) The plaintiff alleges in the complaint that plaintiff was a shareholder, of record or beneficially, or the holder of voting trust certificates at the time of the transaction or any part thereof of which plaintiff …
https://www.improvingbirth.org/wp-content/uploads/2015/06/Kimberly-State-Court-Complaint-2.pdf
16, inclusive, of this Complaint. 17. In committing the acts described herein, Defendants engaged in extreme and outrageous conduct that transcended the bounds of human decency. 18. Defendants intended to cause, and did cause, Plaintiff to experience severe physical injury and emotional distress and they each acted with reckless disregard of ...
https://www.njlawconnect.com/wp-content/uploads/2011/04/Amended-Verified-Complaint.pdf
AMENDED VERIFIED COMPLAINT Plaintiffs, Graham McAlpine, Kenneth McAlpine, James McAlpine, and McAlpine & Co., LTD, derivatively and on behalf of Mountain Accessories, Inc. t/a Mountain Plumbing Products, by way of Amended Verified Complaint against …
https://investor.hcahealthcare.com/sites/hcahealthcare.investorhq.businesswire.com/files/doc_library/file/Stipulation_of_Settlement_0.pdf
On December 20, 2011, Bagot filed a shareholder derivative complaint in the Circuit Court for Davidson County, Nashville Division, Tennessee (the “Court”) on behalf of HCA and against the Individual Defendants styled Bagot v. Bracken, et al., Case No. 11C5133. On January 13, 2012, the Court entered an Agreed Order to stay the action pending ...
https://www.corporatesecuritieslawblog.com/2017/12/demand-futility/
In Apple Inc. v. Superior Court, No. H044133, 2017 WL 6275830 (Cal. App. Dec. 11, 2017), the California Court of Appeal, Sixth District, considered whether a plaintiff asserting a shareholder derivative lawsuit must plead demand futility with respect to the board of directors in place at the time of the filing of the amended complaint or the initial complaint, when the composition of the board ...
https://en.wikipedia.org/wiki/Derivative_suit
A shareholder derivative suit is a lawsuit brought by a shareholder on behalf of a corporation against a third party. Often, the third party is an insider of the corporation, such as an executive officer or director. Shareholder derivative suits are unique because under traditional corporate law, management is responsible for bringing and defending the corporation against suit.
https://www.defamationlawblog.com/2014/02/5-common-mistakes-lawyers-make-when-drafting-defamation-complaints/
5. Pleading derivative claims. Either due to ignorance or fear, I often see attorneys adding unnecessary and wholly derivative causes of action (intentional interference with prospective economic advantage or intentional infliction of emotional distress) when simply a claim for defamation would be enough.
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