Georgia court's refusal to enjoin Healthdyne's 'dead-hand' poison pill conflicts with the only other decision on the subject, a 1988 ruling by a New York judge
Article Abstract:
A federal district court in Invacare Corp. v. Healthdyne Technologies, Inc. ruled against a continuing director provision in a shareholder rights plan of Healthdyne Technologies Inc. This was the first ruling in nearly a decade to assess the validity of these provisions, which are becoming more common in rights plans. The provisions are designed to keep a corporate suitor from starting a proxy contest to unseat incumbent directors who then facilitate self-dealing by redeeming their rights.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Don't judge all class actions by some failures
Article Abstract:
The Fen-Redux diet pill litigation asks for the creation of a medical monitoring program which will provide diagnostic services for class members. The cost of this program is now borne by the Food and Drug Administration but would then shift to drug manufacturers. Consolidation of these suits and settlement of the cases could yield real economic benefits for plaintiffs, as many such class actions have. Failure of some large class action suits does not mean they do not sometimes succeed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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