I think that sentence was included more for shareholders than for the court. I'm sure the board are receiving many angry phone calls from investors who are worried about the potential outcome.
@Rockjumper, there was no premium to VMC's share price when the litigation was announced. So in my view, the outcome of the case will have little effect on the company's value.
@Fibber, if Mongy is correct about the six-year statute of limitations, you can't say the litigation was started at the 11th hour.
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