In re Huron Consulting Group

Illinois Appellate Court
Civil Court
Corporations
Citation
Case Number: 
2012 IL App (1st) 103519
Decision Date: 
Tuesday, March 27, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
CONNORS
(Court opinion corrected 3/28/12.) Shareholder derivative suit alleged breach of fiduciary duty, unjust enrichment, gross mismanagement, and waste of corporate assets against consulting group (a Delaware corporation) and its directors and executives. Court properly dismissed complaint, as Plaintiff failed to adequately allege particularized facts showing that demand on directors would have been futile under Delaware Chancery Court Rule. The demand requirement for shareholder derivative suits is a substantive determination which reallocates governing powers within corporation. (QUINN and HARRIS, concurring.)