Del. Justices Revive Investor's Blue Bell Listeria Suit

Law360 (June 18, 2019, 9:03 PM EDT) -- The Delaware Supreme Court ruled Tuesday that a Blue Bell Creameries USA investor has shown that it's plausible to suggest the company's officers may have failed to enact measures to protect ice cream products in connection with a deadly listeria outbreak in 2015.

In a 37-page opinion, Chief Justice Leo E. Strine — writing for the full court — reversed Vice Chancellor Joseph R. Slights III's September decision tossing stockholder Jack L. Marchand II's derivative claims against 10 Blue Bell officers and directors. The vice chancellor had ruled Marchand failed to adequately show the officers knowingly breached their fiduciary duty and...

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