Supreme Court of Delaware

Lebanon County Employees' Retirement Fund v. Collis

December 18, 2023

Summary

The Supreme Court of Delaware reversed the dismissal of a derivative complaint alleging that AmerisourceBergen’s directors and officers consciously failed to oversee opioid-distribution controls and knowingly prioritized profits over legal compliance. The Court held that the Court of Chancery improperly treated factual findings from separate litigation as judicially noticeable and effectively gave them preclusive effect at the pleading stage, thereby negating reasonable inferences supported by the complaint. The Court also held that the complaint adequately pleaded demand futility and Caremark claims under Rule 23.1. No separate opinions were provided.