Foxhollow Loses Bid To Toss Merger Breach Suit

Law360, New York (November 12, 2010, 6:44 PM EST) -- A federal judge has refused to dismiss a suit accusing medical device maker Foxhollow Technologies Inc. of breaking a merger agreement with Kerberos Proximal Solutions Inc. shareholders by failing to provide sufficient marketing and support for the Rinspirator, a device designed to clean clogged arteries.

Judge William Alsup of the U.S. District Court for the Northern District of California ruled Wednesday that Foxhollow and its parent company Ev3 Inc. had to face claims that it breached a written contract, an implied good faith agreement and a...
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