Jack L. Marchand Ii, Plaintiff Below, Appellant v. John W. Barnhill, Jr., Greg Bridges, Richard Dickson, Paul A…

Summary

The Supreme Court of Delaware reversed dismissal of a stockholder derivative action arising from Blue Bell's listeria outbreak. It held that the complaint adequately pleaded demand futility because director W.J. Rankin's longstanding professional and personal ties to the Kruse family created reasonable doubt about his impartiality, and adequately pleaded a Caremark claim because the board allegedly made no good-faith effort to establish board-level food-safety reporting and monitoring. The case was remanded for further proceedings, including discovery. No separate opinions were provided.