Court Of Chancery Is applicable Demand Rules To Amended Complaint
Fotta v. Morgan, C.A. 8230-VCG (February 29, 2016)
Generally, an amended derivative complaint need not reveal that demand is excused whether it was excused for that filing from the initial complaint. However, because this decision highlights, once the amended complaint alleges a completely independent, new derivative declare that does not satisfy the “claims already in litigation” standard (which refers broadly towards the functions and transactions within the original complaint), then the authority to assert that new claim should be established by showing that demand was excused.