Is there any case law where a derivative claim against a company is dismissed without prejudice?

Several other district courts have dismissed without prejudice derivative claims similarly based on the outcome of pending litigation against the company. See, e.g., Dollens v. Zionts, No. 01 C 02826, 2002 WL 1632261, at *9 (N.D. Ill. July 22, 2002) (concluding that (1) to the extent plaintiffs' claims were based on the company's "exposure to defending class actions," such claims were "premature" because "plaintiffs

Page 17