Houston Chronicle by By Allen Pusey June 20, 2019
A stockholder lawsuit against the directors of Blue Bell Creameries - filed in the wake of a 2015 outbreak of listeria in the company’s ice cream products - was revived this week by the Delaware Supreme Court.
In a unanimous opinion written by the court’s chief justice, Leo E. Strine, the Delaware high court rejected a lower court ruling that the original complaint was not specific enough to raise reasonable doubts concerning the loyalties and obligations of Blue Bell’s board of directors.
“We hold that the (original) complaint alleges particularized facts that support a reasonable inference that the Blue Bell board failed to implement any system to monitor Blue Bell’s food safety performance or compliance,†Strine wrote.
The case was returned to the Delaware Chancery Court for trial.
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