Does the failure of a director to make a demand for an action against the directors of a company be considered a "defendant" of the company?
MultiRegion, United States of America
The following excerpt is from Galef v. Alexander, 615 F.2d 51 (2nd Cir. 1980):
479 F.2d at 265 (emphasis added). Similarly, in Brooks v. American Export Industries, in which all directors were made defendants, the court pointed out that because of the failure to make a demand, the directors in question had never been given "the opportunity" to sue. 68 F.R.D. at 511.
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