CHICAGO, July 26 /PRNewswire/ -- Cook County, Illinois Circuit Court Judge
Thomas P. Quinn refused to dismiss or stay a shareholder action involving
alleged misleading disclosures made by Tyco during its merger with St. Louis-
based Mallinkrodt in 2000. In his July 22, 2005 order, he rejected arguments
by the defendants that the Illinois case should be dismissed or stayed in
favor of a pending action in federal court in New Hampshire.
The lawsuit, filed by former Mallinkrodt shareholder Lionel Brazen on
behalf of himself and a class of shareholders, alleges that Tyco made false
and misleading statements to induce Mallinkrodt shareholders like Brazen to
exchange their shares for Tyco shares in a merger offer on October 17, 2000.
Judge Quinn ruled that Brazen could proceed with his claim. The court held
that "[b]ecause this case only involves the merger of [Mallinkrodt] and Tyco,
it could easily be lost in the shuffle of the New Hampshire action." The
entire opinion from Brazen v. Tyco, Inc., No. 02 CH 8219 (July 22, 2005), can
be found at http://www.mmbmlaw.com/CM/Custom/Opinion.pdf .
The plaintiffs are represented by Thomas M. Meites, Michael M. Mulder and
Paul W. Mollica of Meites, Mulder, Burger & Mollica, 208 S. LaSalle, Suite
1410, Chicago, IL 60604, (312) 263-0272; Robert D. Allison and Bruce C.
Howard, Robert D. Allison & Associates, 122 South Michigan Avenue, Suite 1850,
Chicago, IL 60603, (312) 427-7600; and William J. Harte, William J. Harte
Ltd, 111 W. Washington, Suite 1100, Chicago, IL 60602, (312) 726-5015.
Tyco is represented by Francis P. Barron, Cravath, Swaine & Moore 825
Eighth Avenue New York, New York 10019 and Thomas R. Mulroy, McGuireWoods
LLP, 77 West Wacker Drive, Suite 4100, Chicago, IL 60601.
SOURCE Meites, Mulder, Burger & Mollica
back to top
CONTACT: Paul W. Mollica, Attorney for Plaintiffs, Meites, Mulder, Burger & Mollica, +1-312-263-0272
|