Bank of America National Trust & Savings Ass'n v. United States

single director or shareholder can bring action on behalf of corporation without making demand on the board of directors to do so when futile to make such demand | single director or shareholder can bring action on behalf of corporation without making demand on the board of directors to do so when futile to make such demand | subdivider with a contract to develop property owned by a third party has a sufficient property interest where property "taken" by government is adjacent to the third party's property | “The burden of proof, i.e., the risk of non-persuasion, never shifts from the party on whom it is placed. The burden of going forward with the evidence may shift during the course of trial”