Does Rule 23.1 demand inquiry must be assessed by reference to the board in place at the time of the amended complaint?
MultiRegion, United States of America
The following excerpt is from In re Bofi Holding, Inc., Case No.: 3:15-cv-02722-GPC-KSC (S.D. Cal. 2017):
"[T]he Rule 23.1 demand inquiry must be assessed by reference to the board in place at the time when the amended complaint is filed," not when the original complaint was filed. Braddock v. Zimmerman, 906 A.2d 776, 786 (Del. 2006). Stated differently,
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