In Re Tyson Foods, Inc. Consolidated Shareholder Litigation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the court may take judicial notice of public documents such as SEC filings that are required by law to be filed
• holding that “no theory will toll the statute beyond the point where the plaintiff was objectively aware, or should have been aware, of facts giving rise to the wrong.”
• holding that plaintiffs are under an obligation to exercise reasonable diligence and the statute of limitations will not shield a dilatory plaintiff who fails to act with such care
• arguing that if the backdated option grants are declared invalid as being ultra vires, there is no further harm to the corporation to justify derivative litigation against the board
• noting that “defendants [would] have the opportunity [at trial] to present evidence to show that plaintiffs were, in fact, on inquiry notice”
• noting that “nominal damages are appropriate only where the shareholder’s economic or voting rights have been injured”

Source: CourtListener parenthetical corpus (CC0).