Reference no: EM133812539

Question

Next, let's summarize the Facts: Who, what, when, where, and why. The facts section is usually the longest section of a brief, summarizing the facts that led to this case being filed. Some cases may have many extraneous facts that do not need to be in your brief. Most certainly, some facts will be more critical than others. What are the most relevant facts as recited by the court in this ruling? What occurred that led the Plaintiff to sue the Defendant?

Blue Bell Creameries USA, Inc., one of the country's largest ice cream manufacturers, suffered a listeria outbreak in early 2015, causing the company to recall all of its products, shut down production at all of its plants, and lay off over a third of its workforce. Blue Bell's failure to contain listeria's spread in its manufacturing plants caused listeria to be present in its products, which had sad consequences. Three people died as a result of the listeria outbreak. Stockholders also suffered losses because, after the operational shutdown, Blue Bell suffered a liquidity crisis that forced it to accept a dilutive private equity investment. Based on these unfortunate events, a stockholder brought a suit against two key executives for breaching their duties of care by knowingly disregarding contamination risks and failing to oversee the safety of Blue Bell's food-making operations, and the directors breached their duty of loyalty under Caremark by failing to have safety protocols in place. Blue Bell Cream