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In re Caremark International. Inc. Derivative Litigation
Citation:698 A.2d 959 (1996)
The case involves claims that the members of Caremark’s board of directors breached their fiduciary duty of care to Caremark in connection with alleged violations by Caremark employees of federal and state laws and regulations applicable to healthcare providers. Caremark was subject to an investigation by the U.S. Department of Health and Human Services. In 1994, Caremark was charged in an indictment with multiple felonies. It thereafter entered into agreements with the Department of Justice, which included a plea agreement in which Caremark pleaded guilty and agreed to pay fines. Subsequently, Caremark agreed to make reimbursements to private and public parties. Five stockholder derivative actions were filed, alleging that Caremark’s directors breached their duty of care.
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