Plaintiff failed to plead demand futility due to the lack of directors' personal liability for oversight and corporate waste claims, as the failure to implement a formal policy governing executives' personal use of corporate aircraft did not, by itself, amount to bad faith, and any financial loss from personal use constituted a fraction of a percentage of the company's expenses and profits.

Appeals & Motions List released on: November 29, 2022

The court granted defendants' motions to dismiss in part.

Court denied a motion to dismiss for lack of personal jurisdiction finding that the defendant, although not an official manager of the LLC, had participated "materially" in a managerial capacity.

Court denied motion to dismiss finding defendant had sufficient minimum contacts and nexus with the State of Delaware to warrant the court's exercise of personal jurisdiction.

Unjust Enrichment, Misrepresentation Claims Over Cough Drops' Labeling Dismissed

Appellate Division, First Department:June 18, 2019

'Robocalls' Did Not Meet TCPA's 'Emergency', 'Exigent Healthcare Message' Exceptions

Rap artist's claims that Facebook wrongfully refused to remove negative Facebook posts involved matters of public interest (Richman, Acting P.J.)

Claim for breach of implied-in-fact contract based on unauthorized use of screenplay does not arise from protected free speech activity (Pregerson, J.)