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Miesen v. Munding

Petition for certiorari denied on March 1, 2021

Docket No. Op. Below Argument Opinion Vote Author Term
20-857 9th Cir. N/A N/A N/A N/A OT 2020

Issue: (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)
12/22/2020Petition for a writ of certiorari filed. (Response due January 28, 2021)
02/10/2021DISTRIBUTED for Conference of 2/26/2021.
03/01/2021Petition DENIED.