Garber v. Lego
United States Court of Appeals for the Third Circuit
11 F.3d 1197 (1993)

- Written by Mary Phelan D'Isa, JD
Facts
Alexander Garber (plaintiff) brought a shareholder derivative suit against Lego and other individual members of Westinghouse Electric’s board of directors (Lego) (defendants) to question monetary awards that were given to Westinghouse officers and employees from corporate incentive funds. Lego filed a motion to dismiss based on Garber’s failure to comply with Federal Rule of Civil Procedure 23.1’s pre-complaint requirement to make a demand on Lego to give shareholders what they wanted or to allege in the complaint the reasons for not making the demand. The district court granted Lego’s motion, and Garber appealed.
Rule of Law
Issue
Holding and Reasoning (Roth, J.)
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