Read the following excerpt from a US court opinion:
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of the corporation to proceed unaffected by frivolous litigation and protects the directors’ ability to pursue appropriate levels of risk without fear of liability, so long as their actions are consistent with the duty of loyalty.”). 21 . See id. at *12. 22 . See App. to Zhongpin Opening Br. at 541 (Oral Arg’t Defs.’ Mot. to Dismiss, July 24, 2014). 23 . See Zhongpin, 2014 WL 6735457, at *12 ("Although In re Cornerstone questioned the merit of forcing disinterested directors to face the same pleading standard as interested fiduciaries in cases subject to entire fairness, the Court’s examination of precedent left it with no other choice.”). 24 . Id. 25 . See Zhongpin, 2014 WL 6735457, at *12; Cornerstone, 2014 WL 4418169, at *12. 26 . See, e.g., Malpiede, 780 A.2d 1075, 1094 (Del.2001) ; Orman v. Cullman, 794 A.2d 5 (Del. Ch.2002).
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What is the most suitable continuation to the opinion? Your options are:
A. holding that plaintiff bears the burden to timely allege facts supporting equitable tolling
B. holding that on a motion to dismiss a plaintiff must allege wellpleaded facts stating a claim on which relief may be granted had plaintiff alleged such wellpleaded facts supporting a breach of loyalty or bad faith claim the section 102b7 charter provision would have been unavailing as to such claims and this case would have gone forward
C. holding that plaintiff had failed to state a claim for relief under section 1983
D. holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction
E. holding that an ineffective assistance of counsel claim must be raised on direct appeal when the facts supporting the claim are presented on the face of the record
Reply with [A, B, C, D, E] only.