Shareholders of Wynn Resorts fail to sufficiently allege that demand of action from board was futile. Shareholders brought a derivative lawsuit against Nevada casino corporation Wynn Resorts and 11 of its board members, maintaining that the board breached its fiduciary duty in actions it took on behalf of a subsidiary. They contended that a demand that the board initiate this litigation itself would be futile. The Ninth Circuit affirmed dismissal, determining that plaintiffs did not sufficiently allege that a majority of the board lacked independence. The panel also rejected plaintiffs’ argument that demand was futile, adding that under Nevada law it was not reasonable to assume the board was acting dishonestly. (7/18/2016) Wynn.