Also known as: futility · futilely · futility doctrine
Written by attorneys · grounded in primary & secondary sources — see below
An effort or procedural step that cannot achieve its intended purpose because of insurmountable obstacles or disabling conflicts.
Freya Freeman, a member of Franklin Foundry LLC, learns that the managing member diverted company funds to a personal venture. She files a derivative suit without first demanding that the managers sue, alleging that any demand would be futile because the managers stand to lose personally from recovery. The court accepts the futility showing and allows the action to proceed.
Faith Fitzgerald, a limited partner in Fulton Shipping LP, discovers the general partners approved an improper self-dealing contract. She brings a derivative claim without prior demand, asserting that demand would be futile because the general partners control the partnership and benefit directly from the transaction. The court recognizes futility and permits the suit.
Select any source to read its text and confirm it supports the definition.
Fernando Farrell, a member of Frontier Capital LLC, alleges in his derivative complaint that the managers engaged in self-dealing and would reject any demand. He pleads with particularity why demand should be excused as futile, citing the managers' personal financial interest in the challenged conduct. The court finds the particularized allegations sufficient under the pleading rule.
Francesca Fiore, a limited partner in Fidelity Trust LP, files a derivative action and states in the complaint why demand on the general partners should be excused as futile. She alleges the general partners' ownership of the entity receiving diverted funds creates an irreconcilable conflict. The court accepts the futility explanation and allows the action to continue.
Felipe Figueroa challenges a state apportionment plan as violating republican government principles. The court dismisses the claim after determining that the requested relief would be futile because the underlying political question doctrine bars judicial resolution.
Fumiko Fujimoto and other plaintiffs seek to invalidate exclusionary zoning that blocks moderate-income housing. The court notes that their attempts to build would be futile under the existing scheme, yet still allows the suit to test the constitutional claims.
Demand is futile when the persons who would receive it have disabling conflicts of interest, such as personal financial benefit from the challenged conduct, making impartial consideration impossible.
Supporting sources
The complaint must state with particularity why demand should be excused as futile, including facts showing the recipients' conflicts or prior rejection of a similar request.
Supporting sources
No. When the original cannot be obtained by any available judicial process, secondary evidence of its contents is admissible without further futile attempts.
Supporting sources
Officers may enter without knocking when they have reasonable suspicion that knocking would be dangerous, futile, or would lead to destruction of evidence, assessed case by case.
Supporting sources
…Thus it has been recognized that, in the case of persons missing or unknown, employment of an indirect and even a probably futile means of notification is all that the situation permits and creates no constitutional bar to a final decree foreclosing their rights. Cunnius v. Reading School District , 198 U. S. 458;…