Oregon Supreme Court
Deep Photonics Corp. v. LaChapelle
July 1, 2021368 Or. 274
Summary
The court held that plaintiffs’ derivative claims for money damages arising from breaches of fiduciary duty were properly tried to a jury because the nature of the relief sought was legal, regardless of the equitable origins of derivative actions. It also held that the directors’ reliance on the corporate exculpation provision constituted an affirmative defense that had to be pleaded and that denying a midtrial amendment was within the trial court’s discretion because the delay prejudiced plaintiffs’ trial preparation and strategy.