10-744. Dismissal
A. A derivative proceeding may be dismissed by the court on motion by the
corporation on any legal grounds including the group specified in subsection B has
determined in good faith after conducting a reasonable inquiry on which its conclusions
are based that the maintenance of the derivative proceeding is not in the best interests
of the corporation.
B. The court may appoint a panel of one or more independent persons on motion by
the corporation to determine whether the maintenance of the derivative proceeding is in
the best interests of the corporation. In such case, the plaintiff has the burden of
proving by clear and convincing evidence that the requirements of subsection A have not
been met. A person appointed by the court is not liable whatsoever for a determination
made pursuant to this section.
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