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Board of directors room. Credit: hxdbzxy/Shutterstock.com Board of directors room. Credit: hxdbzxy/Shutterstock.com

On June 18, 2019, Delaware’s Supreme Court issued a decision in Marchand v. Barnhill, 2019 WL 2509617, reversing a Delaware Court of Chancery’s dismissal of a shareholder derivative suit bringing claims under In re Caremark, 698 A.2d 959 (Del. Ch. 1996) stemming from a listeria outbreak that resulted in the deaths of three people who consumed Blue Bell ice cream and necessitated a disastrous total product recall.

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