KOKOCINSKI EX REL. MEDTRONIC v. COLLINS

No. 15-3519.

850 F.3d 354 (2017)

Charlotte KOKOCINSKI, derivatively ON BEHALF OF MEDTRONIC, INC., Plaintiff-Appellant v. Arthur D. COLLINS, Jr.; William A. Hawkins; Gary Ellis; Richard H. Anderson; David L. Calhoun; Victor J. Dzau; Shirley Ann Jackson; James T. Lenehan; Denise M. O'Leary; Kendall J. Powell; Robert C. Pozen; Jean-Pierre Rosso; Jack W. Schuler; Michael R. Bonsignore; Gordon M. Sprenger; William R. Brody; Omar Ishrak; Medtronic, Inc., Defendants-Appellees. Special Litigation Committee, Movant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 1, 2017.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Francis A. Bottini, Jr. , of La Jolla, CA. The following attorney(s) appeared on the appellant brief; Garrett D. Blanchfield, Jr. , of Saint Paul, MN, Albert Y. Chang , of La Jolla, CA, and Yury A. Kolesnikov , of La Jolla, CA.

Counsel who presented argument on behalf of the appellees Collins, et al., was Linda T. Coberly , of Chicago, IL. Also appearing on Collins, et al., brief were Lee B. Muench of Chicago, IL; Michelle S. Grant of Minneapolis, MN, and Kristin K. Zinsmaster of Minneapolis, MN.

Counsel who presented argument on behalf of Special Litigation Committee and Medtronic was Steve Gaskins , of Minneapolis, MN. The following attorney(s) appeared on the Medtronic and Special Litigation Committee's brief; Scott Gregory Knudson , of Minneapolis, MN, Patrick S. Williams , of Minneapolis, MN, Robert W. Vaccaro , of Minneapolis, MN, Paul C. Dworak , of Minneapolis, MN., Jordan L. Weber , of Minneapolis, MN and Daniel P. Brees of Minneapolis, MN.

Before GRUENDER, BEAM, and SHEPHERD, Circuit Judges.


Charlotte Kokocinski brought a shareholder derivative action on behalf of Medtronic, Inc., against current and former directors and officers of Medtronic, and against Medtronic as a nominal defendant. The district court1 dismissed the action on the basis of a report by a special litigation committee...

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