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Simpson Thacher Wins Motion to Dismiss Derivative Stockholder Suit Against Dollar General Directors and Officers

10.19.23

Simpson Thacher obtained the dismissal of a stockholder derivative action against the directors and certain officers of Dollar General filed in the Middle District of Tennessee. The complaint alleged that the defendants violated their fiduciary duties by failing to implement and maintain a system of controls regarding workplace safety practices. On October 12, 2023, Judge Aleta Trauger dismissed the complaint because it failed to allege sufficient facts to excuse the demand requirement under Tennessee law.  

The Simpson Thacher team included Peter Kazanoff, David Elbaum and former associate Jordan Lamothe.