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Miesen v. Munding

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-857 9th Cir. TBD TBD TBD TBD TBD

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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 22 2020Petition for a writ of certiorari filed. (Response due January 28, 2021)