IN RE TYCO INTERN., LTD.

No. MDL 1335-PB, No. Civ. 02-352-PB.

340 F.Supp.2d 94 (2004)

In re TYCO INTERNATIONAL, LTD. Multidistrict Litigation (MDL 1335)

United States District Court, D. New Hampshire.

October 14, 2004.


Attorney(s) appearing for the Case

Frederick E. Upshall, Jr., Upshall, Cooper & Temple, P.A., Concord, NH, Matthew M. Houston, Wechsler Harwood, New York City, Sherrie R. Savett, Berger & Montague PC, Philadelphia, PA, for Plaintiff.

Gregroy A. Markel, Cadwalader, Wickersham & Taft, Alan Friedman, Kramer, Levin, Naftalis & Frankel LLP, Miranda Schiller, Weil, Gotshal & Manges, New York City, Laurie Smilan, Latham & Watkins, Reston, VA, JaneAnne Murrary, O'Melveny & Myers LLP, New York City, Michael J. Connolly, Hinckley Allen & Snyder, Concord, NH, Arnold Rosenblatt, Cook, Little, Rosenblatt & Manson, Manchester, NH, Christian M. Hoffman, Foley Hoag LLP, Boston, MA, James E. Townsend, Townsend Law Office, Londonderry, NH, Michele L. Pahmer, Stroock Stroock & Lavan LLP, New York City, David A. Vicinanzo, Nixon Peabody LLP, Manchester, NH, William T. Hassler, Steptoe & Johnson LLP, Washington, DC, for Defendants.


MEMORANDUM AND ORDER

BARBADORO, Chief Judge.

Shelly Evans brings this shareholder derivative action on behalf of nominal defendant Tyco International, Ltd. against all but one of Tyco's current directors and several of its former directors and officers. Asserting claims for equitable fraud, breach of fiduciary duty, and waste, Evans contends that the former officers systematically looted the company and made material false statements concerning its...

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