Danaher Wins Dismissal of Board Diversity Suit by Pension Fund

Danaher Corp. won dismissal of a shareholder derivative suit alleging the medical equipment maker made misleading statements about its commitment to diversity given that its board lacked any Black directors.

The U.S. District Court for the District of Columbia ruled Monday in favor of the company after finding that the plaintiffs failed to make a diversity demand to the board of directors, or to prove that such a demand would have been futile.

“The Board—not shareholders—controlled the decision to act, and Plaintiffs thus had to make demand on the Board. Because they did not, the Court will dismiss the case,” ...