KSF News, Updates, & Insights
Preliminary Approval of Acadia Healthcare Derivative Litigation
On September 1, 2026, the Hon. William L. Campbell, Jr., Chief United States District Judge for the Middle District of Tennessee, entered an order granting preliminary approval of a settlement in the consolidated shareholder derivative action captioned In re Acadia Healthcare Co., Inc. Stockholder Deriv. Litig., Case No. 3:19-cv-00167. Plaintiffs had filed the initial complaint on February 21, 2019, alleging violations of the Securities Exchange Act of 1934, breaches of fiduciary duty, waste of corporate assets and unjust enrichment by certain of Acadia Healthcare’s current and former officers and directors. Kahn Swick & Foti, LLC represents stockholder Margaret Pfenning in a related action captioned Pfenning v. Jacobs, et al., C.A. No. 2020‑0915‑NAC, pending in the Delaware Court of Chancery, and the plaintiff has agreed to settle her claims by participating in the global settlement. Pursuant to settlement, defendants will pay $12 million to Acadia Healthcare, and institute various reforms at Acadia, including enhancing its Disclosure, Compensation, and Quality & Compliance Committees, establishing a Technology Committee, adopting a Clawback Policy, revising its Whistleblower Policy, retaining the position of a Chief Quality Officer, and introducing insider-trading reforms by modifying Acadia’s current Insider Trading and Disclosure Policy.