July 27, 2016 (Shareholders Foundation) - An investor who currently holds shares of Skullcandy Inc (NASDAQ:SKUL), filed a lawsuit in effort to halt the proposed takeover of Skullcandy Inc.
The plaintiff alleges that the defendants breached their fiduciary duties owed to NASDAQ:SKUL stockholders by agreeing to sell Skullcandy Inc too cheaply via an unfair process to Incipio, LLC

On June 23, 2016, Skullcandy Inc entered into an Agreement and Plan of Merger with Incipio, LLC, a Delaware limited liability company and Powder Merger Sub, Inc., a Delaware corporation and a direct wholly owned subsidiary of Incipio, LLC, pursuant to which, and on the terms and subject to the conditions thereof, among other things, Powder Merger Sub, Inc will commence a tender offer to acquire all of the outstanding shares of common stock of Skullcandy Inc (NASDAQ:SKUL) at a purchase price of $5.75 per Company Share, net to the holder thereof in cash, subject to reduction for any applicable withholding taxes, without interest.

On June 27, 2016, Skullcandy Inc (NASDAQ:SKUL) announced that onJune 24, 2016 Skullcandy's board of directors received an unsolicited proposal from Mill Road Capital to acquire all of the outstanding shares of Skullcandy common stock for $6.05 per share in cash.

However, plaintiff claims that the proposed consideration NASDAQ:SKUL shareholders will receive is grossly inadequate and undervalues Skullcandy Inc. Indeed, at least one analyst has set the high target price for NSADAQ:SKUL shares at $6.65 per share and NASDAQ:SKUL shares traded in 2015 as high as $11.46 per share. In addition, the plaintiff alleges that the process is also unfair to NSADAQ:SKUL stockholder.