Chancery Keeps AmerisourceBergen Drug Scheme Suit Alive

By Jeff Montgomery (August 24, 2020, 5:01 PM EDT) -- A Delaware vice chancellor on Monday refused to dismiss derivative class claims that AmerisourceBergen Corp. directors acted in bad faith when they allegedly allowed the company to illegally salvage and repackage cancer drug remnants.

Vice Chancellor Sam Glasscock III's ruling moved toward trial hard-to-prove allegations invoking the In re: Caremark International Derivative Litigation case in 1996, requiring a showing that the actions in dispute were so costly or one-sided that no reasonable, loyal director would have approved them.

The suit, seeking damages for the company itself, focuses on alleged failings that cost AmerisourceBergen or its affiliates some $900 million in civil...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!