WESTMORELAND CNTY. EMPLOYEE RET. v. PARKINSON

No. 12-3342.

727 F.3d 719 (2013)

WESTMORELAND COUNTY EMPLOYEE RETIREMENT SYSTEM, Plaintiff-Appellant, v. Robert L. PARKINSON, Jr., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 16, 2013.


Attorney(s) appearing for the Case

Judith S. Scolnick, Esq. , Attorney, Scott & Scott LLP, New York, NY, for Plaintiff-Appellant.

Matthew R. Kipp , Skadden, Arps, Slate, Meagher & Flom LLP, Robert J. Kopecky , Kirkland & Ellis LLP, Chicago, IL, for Defendants-Appellees.

Before WOOD, TINDER, and HAMILTON, Circuit Judges.


WOOD, Circuit Judge.

This is a shareholder derivative suit arising out of the protracted, and ultimately unsuccessful, efforts of Baxter International, Inc., to fix various problems with a medical device called the Colleague Infusion Pump. Westmoreland County Employee Retirement System (Westmoreland) alleges that Baxter's directors and officers breached their fiduciary duties by "consciously disregard[ing] their responsibility to bring Baxter into compliance with...

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