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The Florida Bar Journal
Resistance is Futile: The Myth of Demand Futility

by Etan Mark and Steven D. Weber
Despite practice to the contrary, there is no Florida statutory basis for a shareholder of a corporation to bring a lawsuit “on behalf” of a corporate entity without first making a demand on the management of that corporation, regardless of how conflicted or intransigent that management is. Based on the language of the applicable Florida statutes, failure to make a demand should result in dismissal of the action. Courts in Florida, however, continue to apply the “futility exception” to the demand requirement, despite clear statutory language to the contrary.

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Letters

President’s Page
Servant Leadership: The Power of One
by Eugene K. Pettis

Executive Directions
In Memoriam: Robert M. Ervin
by John F. Harkness, Jr.

Real Property, Probate and Trust Law
Adrift in the Amendments Sea: Florida Courts Struggle for Logic and Consistency, Part II
by J. Michael Hartenstine

Labor and Employment Law
Religious Accommodation in the Workplace: The Devil is in the Detail
by Jennifer Fowler-Hermes and Luisette Gierbolini

Government Lawyer
Appealing Administrative Action: The Threshold Considerations
by Keith W. Rizzardi

Tax Law
Personal Use of Florida Residential Realty by a Nonresident Alien Shareholder of a Foreign Corporate-related Structure
by William H. Newton III

Books


May 2014
Volume 88, No. 5
Streamlining and Modernizing Florida’s Pre-litigation Preservation Standard: Modern Technology Demands a Modern Solution - by William F. Hamilton, Lindsay M. Saxe, and Stephanie Moncada


Valuing the Marital Home - by Matthew C. Lucas (April)

Imposing Mandatory Sex Offender Probation Conditions on Youthful Offenders - by Richard Sanders (April)






March 2014


April 2014


 

[Revised: 05-27-2014]