Edward R. BIONDI, individually and derivatively on behalf of HealthSouth Corporation, a Delaware corporation, Plaintiff,
v.
Richard M. SCRUSHY, George H. Strong, John S. Chamberlin, Charles W. Newhall, C. Sage Givens, Joel C. Gordon, Larry D. Striplin, Jr., William T. Owens, and Phillip C. Watkins, M.D., Defendants, and
HealthSouth Corporation, a Delaware corporation, Nominal Defendant.
James Bachand, derivatively on behalf of HealthSouth Corporation, a Delaware corporation, Plaintiff,
v.
Richard M. Scrushy, William T. Owens, and George H. Strong, Defendants, and
HealthSouth Corporation, a Delaware corporation, Nominal Defendant.
Court of Chancery of Delaware, New Castle County.https://leagle.com/images/logo.png
Submitted: January 10, 2003.
Decided: January 16, 2003.
Attorney(s) appearing for the Case
Ronald A. Brown, Jr., Prickett Jones & Elliott, P.A., Wilmington; Frank P. DiPrima, Convent Station, NJ, for Plaintiff Edward R. Biondi.
Joseph A. Rosenthal, Norman M. Monhait, Rosenthal, Monhait, Gross & Goddess, P.A., Wilmington; Jeffrey S. Abraham, Abraham & Associates, New York City, for Plaintiff James Bachand.
Andre G. Bouchard, Bouchard Margules & Friedlander, Wilmington; Michael L. Edwards, Lee H. Zell, Balch & Bingham, LLP, Birmingham, AL, for Special Litigation Committee of HealthSouth Corporation.
Richard L. Horwitz, Peter J. Walsh, Jr., Potter Anderson & Corroon, LLP, Wilmington; Patrick C. Cooper, Maynard, Cooper & Gale, P.C., Birmingham, AL, for Individual Defendants Richard M. Scrushy, George H. Strong, John S. Chamberlin, Charles W. Newhall, C. Sage Givens, Joel C. Gordon, Larry D. Striplin, Jr., William T. Owens, and Phillips C. Watkins, M.D.
Steven J. Rothschild, Stephen D. Dargitz, Skadden, Arps, Slate, Meagher & Flow, LLP, Wilmington, for Nominal Defendant HealthSouth Corporation.
Court of Chancery of Delaware, New Castle County.
OPINION
STRINE, Vice Chancellor.
These derivative cases come before the court on a motion filed by the Special Litigation Committee (the "SLC") of the board of directors of HealthSouth Corporation, a Delaware corporation headquartered in Birmingham, Alabama.1 Distilled to their essence, the cases allege that certain directors of HealthSouth sold large blocks of the company's stock while in possession of material non-public information...
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