Last month, in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, Delaware’s Court of Chancery dismissed a stockholder plaintiff’s derivative suit against the directors and officers of Centene Corporation for purported breaches of fiduciary duty in connection with their oversight of company compliance with Medicaid laws and regulations.  The Court concluded that the plaintiff failed to establish demand futility pursuant to Court of Chancery Rule 23.1.  Put another way, the plaintiff failed to demonstrate that it had standing to pursue claims on behalf of Centene.

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