# kaal:claim:kaal-2013-acomparativeperspectiveo-007

**Claim.** Oversight liability in Delaware can be established only on a showing that the directors knew they were not discharging their fiduciary duties or consciously disregarded their responsibilities.

**Type.** condition  **Support.** evidenced

**Holds when.**

- Delaware oversight litigation

**Source quote.**

> However, oversight liability can be established if the plaintiff showed that "the directors knew that they were not discharging their fiduciary [duties] or that the directors demonstrated a conscious disregard for their

**From.** Kaal, *A Comparative Perspective on the Limitations of the Duty of Oversight – A Comment on Lisa Fairfax* (2013), Introduction, discussing In re Citigroup, page 5

**Cite as.** Kaal, A Comparative Perspective on the Limitations of the Duty of Oversight – A Comment on Lisa Fairfax (2013)

**Verify.** sha256 of source PDF `ac5c955fe01209c54c78c4575c0b8bf570e5f1259c3f855510697cf51a32e59a` at https://raw.githubusercontent.com/wulfkaal/Academic-Papers/main/papers/pdf/Kaal%20-%202013%20-%20A%20Comparative%20Perspective%20on%20the%20Limitations%20of%20the%20Duty%20of%20Oversight%20%E2%80%93%20A%20Comment%20on%20Lisa%20Fairfax.pdf

**Topics.** law-and-legal-systems, corporate-governance

**Keywords.** oversight-liability, scienter, delaware-law, fiduciary-duty

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