Document: Weiss v. Swanson, C.A. No. 2828-VCL, Lamb, V.C. (Del. Ch. March 7, 2008)
The Court denied the Defendant’s motion to dismiss in this derivative action. The Court concluded that the complaint sufficiently pled a claim of breach of fiduciary duty against a majority of the company’s board of directors based on alleged issuance and receipt of options not authorized by the company’s plans.