Owens v. Mayleben

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IN THE SUPREME COURT OF THE STATE OF DELAWARE HUBERT OWENS, Derivatively on Behalf of ESPERION THERAPEUTICS, INC., § § § § Plaintiff Below § Appellant, § § v. § § TIM M. MAYLEBEN, ROGER S. § NEWTON, MARY P. § MCGOWAN, NICOLE § VITULLO, DOV A. § GOLDSTEIN, DANIEL JANNEY, § ANTONIO M. GOTTO, JR., § MARK E. MCGOVERN, § GILBERT S. OMENN, SCOTT § BRAUNSTEIN, and PATRICK G. § ENRIGHT, § § Individual Defendants Below, § Appellees, § § and § § ESPERION THERAPEUTICS, § INC., § § Nominal Defendant Below § Appellee. § No. 110, 2020 Court Below – Court of Chancery of the State of Delaware C.A. No. 12985-VCS Submitted: October 14, 2020 Decided: October 29, 2020 Corrected: November 18, 2020 Before SEITZ, Chief Justice; VAUGHN, and MONTGOMERYREEVES, Justices. ORDER On this 29th day of October, 2020, after careful consideration of the parties’ briefs and the record on appeal, and after oral argument, we find it evident that the final judgment of the Court of Chancery should be affirmed on the basis of and for the reasons stated in the February 13, 2020 memorandum opinion. NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery is AFFIRMED. BY THE COURT: /s/ Tamika R. Montgomery-Reeves Justice 2

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