Thu.Jan 12, 2023

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Delaware Court Of Chancery Assesses The Application Of Timeliness Principles To Caremark Red Flags Claim And Applies "Separate Accrual Approach" But Subsequently Dismisses Complaint For Failure To Plead Demand Futility

Shearman & Sterling

On December 15, 2022, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery denied a motion to dismiss claims as untimely in a derivative action brought by stockholders against the officers and directors of AmerisourceBergen Corporation (the "Company"). Lebanon County Employees' Retirement Fund v. Collis, C.A. No. 2021-1118-JTL (Del.

article thumbnail

Delaware Court Of Chancery Assesses The Application Of Timeliness Principles To Caremark Red Flags Claim And Applies "Separate Accrual Approach" But Subsequently Dismisses Complaint For Failure To Plead Demand Futility

Shearman & Sterling

On December 15, 2022, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery denied a motion to dismiss claims as untimely in a derivative action brought by stockholders against the officers and directors of AmerisourceBergen Corporation (the "Company"). Lebanon County Employees' Retirement Fund v. Collis, C.A. No. 2021-1118-JTL (Del.