James Hays, et al v. John Berlau
| JAMES HAYS, on behalf of himself and all others similarly situated shareholders of Walgreens Co., |
| JOHN BERLAU, Objector |
| WALGREEN COMPANY, WALGREENS BOOTS ALLIANCE, INC., JANICE M. BABIAK, DAVID J. BRAILER and STEVEN A. DAVIS |
| 15-3799 |
| December 17, 2015 |
| U.S. Court of Appeals, Seventh Circuit |
| Stockholders Suits |
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Filing
702820550
Filed opinion of the court by Judge Posner. Because the settlement can t be approved, we reverse the district court s judgment. And since class counsel has failed to represent the class fairly and adequately, as required by Federal Rule of Civil Procedure 23(g)(1)(B) and (g)(4), the district court on remand should give serious consideration to either appointing new class counsel, cf. Fed. R. Civ. P. 23(g)(1), or dismissing the suit. Cf. Robert F. Booth Trust v. Crowley, supra, 687 F.3d at 319. Judge Yandle dissents from the panel s decision. Her dissent will be issued separately in due course. Richard A. Posner, Circuit Judge; Diane S. Sykes, Circuit Judge and Staci M. Yandle, District Court Judge, dissenting. [6774350-1] [6774350] [15-3799]
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