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Blue Bell Creamery Seeks Dismissal of Investor Listeria Suit

Law360 (February 23, 2018, 8:17 PM EST) -- Blue Bell Creameries USA Inc. urged Delaware’s Chancery Court late Thursday to dismiss a derivative suit that seeks damages for alleged director and officer failures to protect products from pathogenic listeria contamination blamed for sickening customers.

In a brief filed with the court, the company said that a class complaint led by stockholder Jack L. Marchand II failed to show that a direct appeal for board action on the complaint would have been futile or that a majority of the company’s board lacked the independence needed...
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