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SOUTH v. BAKER

C.A. No. 7294-VCL.

62 A.3d 1 (2012)

Steven SOUTH and Linda South, derivatively on behalf of Hecla Mining Company, Plaintiffs, v. Phillips S. BAKER, Jr., John H. Bowles, Ted Crumley, George R. Nethercutt, Jr., Terry V. Rogers, Charles B. Stanley, and Anthony P. Taylor, Defendants, and Hecla Mining Company, a Delaware Corporation, Nominal Defendant.

Court of Chancery of Delaware.

Decided: September 25, 2012.

Attorney(s) appearing for the Case

Blake A. Bennett , Cooch & Taylor P.A., Wilmington, Delaware; Nicholas I. Porritt , Eduard Korsinsky , Thomas M. Gottschlich , Levi & Korsinsky, LLP, New York, New York; Attorneys for Plaintiffs.

William M. Lafferty , Shannon E. German , Angela C. Whitesell , Morris Nichols Arsht & Tunnell LLP, Wilmington, Delaware; Warren R. Stern , José L. Miñán , Wachtell, Lipton, Rosen & Katz, New York, New York; Attorneys for Defendants.

William M. Lafferty , Shannon E. German , Angela C. Whitesell , Morris Nichols Arsht & Tunnell LLP, Wilmington, Delaware; Mark Filip , Robert J. Kopecky , John F. Hartmann, P.C., Joshua Z. Rabinovitz , Kirkland & Ellis LLP, Chicago, Illinois; Attorneys for Nominal Defendant.

OPINION

LASTER, Vice Chancellor.

In January 2012, Hecla Mining Company ("Hecla" or the "Company") issued a press release lowering its projections for silver production, and the United States Mine Safety and Health Administration ("MSHA") issued a press release noting that Hecla had been cited for numerous safety violations. Within weeks, two lawsuits alleging violations of the federal securities laws were filed...

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