Firm Memoranda

Lerner v. Prince: New York Appellate Division Holds No Right to Discovery in Demand-Refused Litigation, Applies Delaware Substantive Law

Date: 05/28/14

On May 22, 2014, in Lerner v. Prince, the New York Appellate Division held that the plaintiff’s right to discovery in a demand-refused derivative action is a substantive question, rather than a procedural one, and thus is governed by the law of the state where the corporation is chartered rather than the law of the forum state.

CGR Memo - N Y Appellate Div Holds No Rights to Discovery in Demand-Refused Litig Applies DE Substantive Law.pdf (pdf | 126.71 KB )