BioScrip Urges Del. Justices Not To Revive Shareholder Suit

Law360, Wilmington (August 11, 2017, 4:17 PM EDT) -- Infusion home care company BioScrip on Thursday blasted a group of investors in the Delaware Supreme Court who are appealing a shareholder suit that was tossed on “demand futility” grounds, accusing the investors of trying to focus rigidly on the letter of the state's business laws to circumvent the spirit of those laws.

Delaware’s Court of Chancery requires shareholders to present a demand for litigation to a company’s board first if the shareholders want to pursue a derivative suit, or a suit on behalf of the...
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