![business judgment rule business judgment rule](https://www.alpinelawoffice.com/wp-content/uploads/2020/06/josh-calabrese-Ca8r0PSWg9Q-unsplash-1024x683.jpg)
The El Paso Court of Appeals recently held: “To best give effect to the policy rationale underpinning the business judgment rule, we conclude that it was part of case to disprove the business judgment rule.” Special Exceptions and Summary Judgment The El Paso Court of Appeals recently wrote that “a plaintiff carries the burden the on merits to plead (and then of course to prove) something more.” Burden of Proof Webre, the Court characterized the business judgement rule as a matter that the “plaintiff must plead and prove.” The Court wrote that it would be “insufficient” for a shareholder to merely allege mismanagement or neglect or an abuse of discretion in conducting the affairs of the corporation.
![business judgment rule business judgment rule](https://stus.com/assets/images/default/products/ccc0117.gif)
On the contrary, it is the plaintiff’s burden to plead and prove that the business judgment rule does not apply when a breach of the duty of care is alleged. While the business judgment rule is referred to frequently as a “defense,” it is not an affirmative defense and need not be pleaded by the defendant. How is the business judgment rule applied procedurally? What impact does it have on pleading, motions practice, and jury charge? Pleading