Ex Parte Callan Associates, Inc. (in Re Carol M. Perdue, as Next Friend and Legal Guardian of Anna K. Perdue, As…

Summary

The court held that Carol Perdue could not maintain a derivative action against Callan on behalf of the PACT Trust Fund because she neither demanded that the PACT board sue Callan nor demonstrated circumstances excusing that demand. The court concluded that the action was premature and directed the circuit court to dismiss the claims against Callan by writ of mandamus. Justice Murdock and Special Justice Shores dissented, concluding that the alleged conflict between the board and the plaintiff excused demand and that dismissal would unnecessarily require the parties to restart the litigation.