Legal Opinion
In Re Tyco International, Ltd.
District Court, D. New Hampshire
Decided October 14, 2004No. MDL 1335-PB, No. Civ. 02-352-PBPublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
BARBADORO, Chief Judge.
Shelly Evans brings this shareholder derivative action on behalf of nominal defendant Tyco International, Ltd. against all but one of Tyco’s current directors and several of its former directors and officers. Asserting claims for equitable fraud, breach of fiduciary duty, and waste, Evans contends that the former officers systematically looted the company and made material false statements concerning its financial condition; the former directors knowingly, recklessly, or with gross negligence failed to prevent the looting and misstatements; and the…
2Cases cited7 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Valentin-De-Jesus v. United HealthcareCourt of Appeals for the First Circuit · 2001
- United States of America v. Avx Corporation, National Wildlife Federation, IntervenorCourt of Appeals for the First Circuit · 1992
- Grobow v. PerotSupreme Court of Delaware · 1988
- Roland C. Dubois and Restore: The North Woods v. United States Department of Agriculture, and Loon Mountain Recreation CorporationCourt of Appeals for the First Circuit · 1996
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cannonball Fund, Ltd. v. Dutchess Capital Management, LLCMassachusetts Appeals Court · 2013
- Vaughn v. LJ International, Inc.California Court of Appeal · 2009
- City of Harper Woods Employees' Retirement System Ex Rel. BAE Systems PLC v. OlverDistrict Court, District of Columbia · 2008
- Levin v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 2007
- Shenwick v. HM Ruby Fund, L.P.Appellate Division of the Supreme Court of the State of New York · 2013
8 more not listed; retrieve them via the Exa API.