SCRUSHY v. TUCKER

1081424.

70 So.3d 289 (2011)

Richard SCRUSHY v. Wade C. TUCKER and the Wendell J. Cook, Sr., Testamentary Trust, John P. Cook, trustee, derivatively, for and on behalf of HealthSouth Corporation.

Supreme Court of Alabama.

Rehearing Denied April 15, 2011.


Attorney(s) appearing for the Case

Susan Walker of Waldrep Stewart & Kendick, Birmingham, for appellant.

John D. Haley , Ralph D. Cook , Bruce J. McKee , and Michael D. Ermert of Hare, Wynn, Newell & Newton, LLP, Birmingham; John Q. Somerville of Galloway & Somerville, Birmingham; Frank P. DiPrima , Morristown, New Jersey; Steven P. Gregory , Birmingham; and Ronald A. Brown of Prickett Jones & Elliott, P.A., Wilmington, Delaware, for the Tucker appellees.

David G. Hymer and Anne Marie Siebel of Bradley Arant Boult Cummings LLP, Birmingham, for appellee HealthSouth Corporation.


WOODALL, Justice.

In this shareholder-derivative action, Richard Scrushy, a former director and former chief executive officer ("CEO") of HealthSouth Corporation ("HealthSouth"), a Delaware corporation, appeals from a judgment against him for $2,876,103,000. This action was commenced on August 28, 2002, on behalf of nominal defendant HealthSouth by Wade C. Tucker, a shareholder of HealthSouth since August 18, 1998. We affirm.

I. Facts and Procedural Background...

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