Farrel Fritz discusses the New York Supreme Court’s decision in Culligan Soft Water Co., et al. v Clayton Dubilier & Rice, LLC, et al., No. 651863/12, opinion (N.Y. Sup. Mar. 19, 2020), which found, in a derivative action, that futility of a litigation demand for claims asserted in an amended complaint must be considered as to liquidators appointed after plaintiff filed its original complaint but before plaintiff filed its amended complaint, rather than corporate directors, in The Pre-Suit Demand Requirement for a Corporation in Liquidation or Receivership.