1. Shareholders in Florida must make a demand on the corporation’s board of directors before filing a derivative lawsuit. If the demand is rejected, the lawsuit can proceed.
2. The business judgment rule in Florida presumes that corporate officers and directors act in the best interests of the corporation, even if their decisions result in financial losses.
3. To file a derivative action in Florida, a shareholder must have standing, meaning they must be a current stakeholder at the time of the alleged misconduct. – Each state has a statute of limitations for bringing a lawsuit, and if a shareholder waits too long to bring a derivative lawsuit, it may be dismissed as time-barred.
– Under Florida law, a shareholder must allege facts sufficient to state a claim for relief in order to survive a motion to dismiss. If they fail to do so, the lawsuit may be dismissed.
– Shareholder derivative lawsuits can be complex and expensive, and there are various defenses that can be raised to challenge the lawsuit, including failure to make a demand, the business judgment rule, lack of standing, statute of limitations, and failure to state a claim.
https://www.pfhglaw.com/defending-shareholder-derivative-lawsuits-in-florida-understanding-your-legal-rights-and-defenses/
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