Petition of the day

The petition of the day is:

Issue: Whether, if a court determines that a complaint filed by one shareholder does not plead demand futility with the requisite particularity, the due process clause and the Supreme Court’s decisions in Taylor v. Sturgell and Smith v. Bayer Corp. permit binding other shareholders that were not parties to the initial litigation to that decision, thus barring consideration of whether a new complaint filed by those shareholders pleads sufficient allegations to demonstrate that pre-suit demand was futile.