Dean Execs Defeat Shareholder Suit Over Milk Monopoly

Law360, New York (January 28, 2011, 2:12 PM EST) -- A federal judge has tossed a shareholder derivative suit alleging that a dozen current and former Dean Foods Co. executives exposed the company to millions of dollars in legal liabilities by conspiring to restrict competition in the milk market.

On Wednesday, Judge Jeff Kaplan of the U.S. District Court for the Northern District of Texas said plaintiff Richard Livermore had failed to plead that a presuit demand on the board would have been futile.

"In an attempt to avoid dismissal of his amended complaint, plaintiff points...
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