Suit seeks to block Covidien, ev3 deal

A shareholder has filed a suit against ev3 of Plymouth, MN, to block the interventional device firm's acquisition by healthcare technology firm Covidien of Dublin, Ireland.

Covidien is offering $22.50 per share, which represents a premium of 19% over the value of ev3 stock at the time the deal was announced. The transaction's value would be $2.6 billion.

The complaint, filed in Delaware Chancery Court by shareholder Joanne Olson, asserts that ev3's directors breached their fiduciary duties in entering into the agreement with Covidien in order for investment firm Warburg Pincus, ev3's controlling shareholder, to exit its investment.

The suit also seeks class-action status on behalf of other stockholders and contends that a provision of the deal that would allow ev3 to issue additional shares is invalid under Delaware law.

Related Reading

Covidien sees good Tc-99m supply in June, June 11, 2010

Covidien to buy ev3 for $2.6B, June 1, 2010

Covidien updates May Mo-99 supply status, May 6, 2010

ev3 posts mixed results for 2008, February 24, 2009

ev3 posts mixed Q2 results, halts Merck deal, July 29, 2008

ev3 announces FoxHollow merger terms, October 19, 2007

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