particularized pleading standard in Delaware

6 Delaware opinions name it 1 courts 2009–2026 3 in the last five years

The cases below were cited by Delaware courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

Case	Followed	Cited
Solomon v. Pathe Communications Corp.green del · 1996 · cited in 2 Delaware opinions naming this issue, 2011–2026 2 sentences 2026Motors (Hughes) S’holder Litig., 897 A.2d 162, 168 (Del. 2006) (“A trial court is not . . . required to accept as true conclusory allegations without specific supporting factual allegations.” (internal quotation marks omitted)); Solomon v. Pathe Commc’ns Corp., 672 A.2d 35, 38 (Del. 1996) (“[C]onclusions . . . will not be accepted as true without specific allegations of fact to support them.” (internal quotation marks omitted)). 2011See Malpiede v. Townson, 780 A.2d 1075, 1082-83 (Del.2001) (contrasting the particularized pleading standard under Court of Chancery Rule 23.1 with the more lenient standard under Rule 12(b)(6)); Solomon, 672 A.2d at 39 (Del.1996) (same).	2	2
Malpiede v. Townsongreen del · 2001 · cited in 2 Delaware opinions naming this issue, 2011–2026 2 sentences 2026Dec. 18, 2002) (same). 26 logically flow from the face of the complaint.”53 To be sure, cases contrast the particularized pleading standard under Rule 23.1 with the notice pleading standard under Rules 8 and 12(b)(6),54 and for allegations of director disinterestedness and 53 Malpiede v. Townson, 780 A.2d 1075, 1083 (Del. 2001); accord Page v. Oath Inc., 270 A.3d 833 , 842 (Del. 2022); Caspian Alpha Long Credit Fund, L.P. v. GS Mezzanine P’rs 2006, L.P., 93 A.3d 1203, 1205 (Del. 2014); Gen. 2011See Malpiede v. Townson, 780 A.2d 1075, 1082-83 (Del.2001) (contrasting the particularized pleading standard under Court of Chancery Rule 23.1 with the more lenient standard under Rule 12(b)(6)); Solomon, 672 A.2d at 39 (Del.1996) (same).	2	2
In Re General Motors (Hughes) Shareholder Litigationgreen del · 2006 · cited in 2 Delaware opinions naming this issue, 2026–2026 2 sentences 2026Motors (Hughes) S’holder Litig., 897 A.2d 162, 168 (Del. 2006) (“A trial court is not . . . required to accept as true conclusory allegations without specific supporting factual allegations.” (internal quotation marks omitted)); Solomon v. Pathe Commc’ns Corp., 672 A.2d 35, 38 (Del. 1996) (“[C]onclusions . . . will not be accepted as true without specific allegations of fact to support them.” (internal quotation marks omitted)). 2026Motors, 897 A.2d at 168 ; see Norton v. K-Sea Transp.	1	2
Gantler v. Stephensgreen del · 2009 · cited in 1 Delaware opinions naming this issue, 2026–2026 1 sentence 2026DuPont de Nemours & Co., 26 A.3d 162, 166 (Del. 2011) (“We decline . . . to accept conclusory allegations unsupported by specific facts . . . .”); Nemec 49 required to accept every strained interpretation of the allegations proposed by the plaintiff,” but only “reasonable inferences that logically flow from the face of the complaint.”89 To be sure, cases contrast the particularized pleading standard under Rule 23.1 with the notice pleading standard under Rules 8 and 12(b)(6), 90 and for allegations of director disinterestedness and independence, the distinction can be v. Shrader, 991 A.2d 1120	1	1
Nemec v. Shradergreen del · 2010 · cited in 1 Delaware opinions naming this issue, 2026–2026 1 sentence 2026DuPont de Nemours & Co., 26 A.3d 162, 166 (Del. 2011) (“We decline . . . to accept conclusory allegations unsupported by specific facts . . . .”); Nemec 49 required to accept every strained interpretation of the allegations proposed by the plaintiff,” but only “reasonable inferences that logically flow from the face of the complaint.”89 To be sure, cases contrast the particularized pleading standard under Rule 23.1 with the notice pleading standard under Rules 8 and 12(b)(6), 90 and for allegations of director disinterestedness and independence, the distinction can be v. Shrader, 991 A.2d 1120	1	1
Price v. E.I. DuPont De Nemours & Co.green del · 2011 · cited in 1 Delaware opinions naming this issue, 2026–2026 1 sentence 2026DuPont de Nemours & Co., 26 A.3d 162, 166 (Del. 2011) (“We decline . . . to accept conclusory allegations unsupported by specific facts . . . .”); Nemec 49 required to accept every strained interpretation of the allegations proposed by the plaintiff,” but only “reasonable inferences that logically flow from the face of the complaint.”89 To be sure, cases contrast the particularized pleading standard under Rule 23.1 with the notice pleading standard under Rules 8 and 12(b)(6), 90 and for allegations of director disinterestedness and independence, the distinction can be v. Shrader, 991 A.2d 1120	1	1
Feldman v. Cutaiagreen del · 2008 · cited in 1 Delaware opinions naming this issue, 2026–2026 1 sentence 2026DuPont de Nemours & Co., 26 A.3d 162, 166 (Del. 2011) (“We decline . . . to accept conclusory allegations unsupported by specific facts . . . .”); Nemec 49 required to accept every strained interpretation of the allegations proposed by the plaintiff,” but only “reasonable inferences that logically flow from the face of the complaint.”89 To be sure, cases contrast the particularized pleading standard under Rule 23.1 with the notice pleading standard under Rules 8 and 12(b)(6), 90 and for allegations of director disinterestedness and independence, the distinction can be v. Shrader, 991 A.2d 1120	1	1
Caspian Alpha Long Credit Fund, L.P. v. GS Mezzanine Partners 2006, L.P.green del · 2014 · cited in 1 Delaware opinions naming this issue, 2026–2026 1 sentence 2026Dec. 18, 2002) (same). 26 logically flow from the face of the complaint.”53 To be sure, cases contrast the particularized pleading standard under Rule 23.1 with the notice pleading standard under Rules 8 and 12(b)(6),54 and for allegations of director disinterestedness and 53 Malpiede v. Townson, 780 A.2d 1075, 1083 (Del. 2001); accord Page v. Oath Inc., 270 A.3d 833 , 842 (Del. 2022); Caspian Alpha Long Credit Fund, L.P. v. GS Mezzanine P’rs 2006, L.P., 93 A.3d 1203, 1205 (Del. 2014); Gen.	1	1
Aronson v. Lewisgreen del · 1984 · cited in 1 Delaware opinions naming this issue, 2018–2018 1 sentence 2018Feb. 29, 2016) (suggesting that “a dual-natured claim should be addressed under the particularized pleading standard of Rule 23.1”). 149 Aronson v. Lewis, 473 A.2d 805, 811 (Del. 1984) (citing 8 Del.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway.

Also cited on this issue (4)

Case	Cited	Years
Rales v. Blasband Ex Rel. Easco Hand Tools, Inc. red del · 1993 1 sentence 2026The Aronson decision provided an opportunity to calm the waters by reinforcing Rule 23.1 as a pleading- stage bulwark against weak derivative claims. 82 See MacLaughlan, 2026 WL 615751 , at *9. 83 Rales, 634 A.2d at 934 . 48 Under the particularized pleading requirement of Rule 23.1, “conclusionary [sic] allegations of fact or law not supported by allegations of specific fact may not be taken as true.” 84 But plaintiff “need only allege specific facts; he need not plead evidence.”85 And when evaluating the complaint, the court still “must accept as true all of the complaint’s particularized an	1	2026–2026
Chester Cnty. Employees' Ret. Fund v. New Residential Inv. Corp. neutral del · 2018 1 sentence 2024Oct. 7, 2016), aff'd, 186 A.3d 798 (Del. 2018). 72 2016 WL 5865004 , at 1. 73 Id. at 1. 74 Id. at 8. 75 Id. at 10. 15 excuse[d] demand . . . ”76 and held that “[a]llegations that some . . . effects of the challenged transactions benefited [the controller company] alone [were] not enough.77 The Court also held that the plaintiff failed to adequately allege an incentive on behalf of the director defendants’ for overpayment. 78 Thus, the Court found the plaintiff did not allege sufficient facts to excuse demand.79 Here, I find that Plaintiff’s allegations concerning a material benefit are ins	1	2024–2024
Brehm v. Eisner green del · 2000 1 sentence 2018C. § 141(a)), overruled on other grounds by Brehm v. Eisner, 746 A.2d 244 (Del. 2000). 150 Ct. Ch.	1	2018–2018
American International Group, Inc. v. Greenberg green delch · 2009 2 sentences 2009AIG, 965 A.2d at 797-98 , 2009 WL 366613 at 22 . 77 . 2009AIG, 965 A.2d at 797-98 , 2009 WL 366613 at 22 . 77 .	1	2009–2009

Statutes the citing opinions construe

DE § 8 Del. C. § 141 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

DE 6 (2009–2026) NY 2 (2014–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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