Miesen v. Taylor

Summary

The Ninth Circuit affirmed the district court’s rulings in Miesen’s shareholder derivative action, holding that his pre-suit demands were inadequate, that no exception excused demand, and that he had not pleaded direct shareholder claims. The court also upheld the exclusion of his expert testimony, the refusal to take judicial notice of proposed documents, and the denial of further leave to amend, and dismissed a non-appealing third-party defendant from the appeal. The court declined to reassign the case because no district-court errors required correction.