Bed Bath & Beyond Off The Hook In Derivative Suit

Law360, New York (January 13, 2009, 12:00 AM EST) -- A New York appeals court has affirmed the dismissal of a complaint filed against retailer Bed Bath & Beyond over alleged options backdating, ruling that the plaintiffs did not adequately plead demand futility.

In a ruling Tuesday, the Appellate Division of the New York State Supreme Court affirmed a ruling by New York State Supreme Court Judge Charles Ramos granting the company's bid to toss the claims on the grounds that the plaintiffs had failed to make a demand on the board, and board futility was...
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