It's not just product liability cases that are being affected by tougher pleading standards. Last week, federal Judge Richard Leon of the District of Columbia dismissed with prejudice a derivative suit filed over backdating practices at a company called ePlus, which was represented by Gibson, Dunn & Crutcher. Because ePlus' certificate of incorporation exempts directors from liability unless they've acted in bad faith, the plaintiffs must plead facts showing they had knowledge of their wrongdoing, the judge reasoned.
August 05, 2009 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
As we noted earlier this week, pleading standards have gotten a lot tougher in product liability cases.
Now, we have news of an options backdating derivative suit dismissed on pleadings grounds. In a July 31 opinion, federal district court Judge Richard Leon of the District of Columbia dismissed with prejudice a derivative suit filed over backdating practices at a company called ePlus, which was represented by Gibson, Dunn & Crutcher.
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