Supreme Court of Delaware

The concept of "special injury," and the concept that a claim is necessarily derivative if it affects all stockholders equally, are not helpful to a proper analytical distinction between direct and derivative claims; such analysis must be based solely on the questions "Who suffered the alleged harm - the corporation or the suing stockholder individually?" and "Who would receive the benefit of the recovery or other remedy?"

Appellate Information

• Decided 04/02/2004
• Published 04/02/2004

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• Supreme Court of Delaware

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