Buston v. Zoll Medical Corp.

Kaplan, Mitchell H., J.

INTRODUCTION

This action arises out of Asahi Corporation’s (Asahi)2 acquisition of Zoll Medical Corporation (Zoll), a corporation organized under the laws of Massachusetts. On March 12, 2012, Zoll and Asahi jointly announced a definitive merger agreement (the Merger Agreement) pursuant to which Asahi would acquire the shares of Zoll through a cash tender offer (the Offer) followed by a short form merger of Zoll into an Asahi subsidiary. Shortly after the proposed merger was announced, four putative class action complaints were filed challenging the share price and the…