Document: In re Tyson Foods, Inc. Cons. S’holder Litig., Cons. C.A. No. 1106-N, Chandler, C. (Del. Ch.  Feb. 6, 2007)

The Court ruled on a motion to dismiss plaintiffs’ derivative claims for breach of the duty of loyalty (including the alleged issuance of “spring loaded” stock options), breach of the duty of disclosure, and breach of a settlement contract.  The Court refused to dismiss claims relating to stock options and other compensation, but dismissed certain other claims, based on, inter alia, statute of limitations grounds, and the plaintiffs’ failure to state a claim or to allege lack of independence of the compensation committee.