Miesen v. Munding
Petition for certiorari denied on March 1, 2021
Issues: (1) Whether the plaintiff in a derivative action,
brought under diversity jurisdiction, must plead and
prove the adequacy of its derivative demand letter
as part of Federal Rule of Civil Procedure 23.1’s pleading requirements and
whether the court must apply the law of the state of
incorporation to determine the letter’s adequacy; and (2) whether a de-novo or an abuse-of-discretion
standard applies to the review of dismissals of
derivative actions under Rule 23.1.
