/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/010724.mbx C L A S S A C T I O N R E P O R T E R Tuesday, July 24 2001, Vol. 3, No. 143 Headlines ACXIOM CORPORATION: Says Plaintiffs' Appeal Baseless And Without Merit AMC ENTERTAINMENT: To Appeal Ruling On Certificates, Discount Tickets AUSTRALIA: Aviation Safety Authority Sued Over Deep Vein Thrombosis BENNIGAN'S GRILL: National Restaurant Chain Settles Harassment Suit CALDERA INTERNATIONAL: Marc Henzel Files Securities Suit In S.D. NY CLEVELAND BROWNS: '95 Season-Ticket Holders $3M Settlement Approved COCA-COLA: Stock Option Settlement Offer Granted Final Court Approval COVAD COMMUNICATIONS: Marc Henzel Files Securities Suit In S.D. NY DISCOVER FINANCIAL: Sued In Milwaukee Over False, Misleading Threats ECHOSTAR COMMUNICATIONS: Sued For Violating Two California Statutes ECHOSTAR COMMUNICATIONS: Lands In California Court For Warranty Breach ECHOSTAR COMMUNICATIONS: To Mount Strong Defense Versus CO Suits FLEMING COMPANIES: $2.5M Settlement Reached Ahead Of Trial Date IMRGLOBAL CORPORATION: Says Challenge To CGI Merger Meritless INFOSPACE INC.: Lovell & Stewart Files Securities Suit In WD WA INTEGRATED INFORMATION: Faces Securities Lawsuit In S.D. New York INTERNAP NETWORK: Marc Henzel Brings Securities Suit In S.D. New York LIONBRIDGE TECHNOLOGIES: Bernstein Liebhard Files Suit In S.D. NY LIQUID AUDIO: Bernstein Liebhard Commences Securities Suit In S.D. NY MARCONI PLC: Berger & Montague Files Securities Suit In W.D. PA NEOFORMA.COM: Milberg Weiss Begins Securities Suit In S.D. New York NETWORK PLUS: Marc Henzel Files Securities Suit In S.D. New York NEW YORK: Federal Judge Grants Class Status To Bias Teacher-Test Suit OHIO STATE: Lawsuit Challenges Methods Of State Parole Authority PENSION BENEFIT: Bucket Elevator Employees May Now Receive Benefits RADIAN GROUP: Motion To Dismiss North Carolina Suit Still Undecided RHYTHMS NETCONNECTIONS: Marc Henzel Files Securities Suit In S.D. NY SILVERSTREAM SOFTWARE: Marc Henzel Begins Securities Suit In S.D. NY TERRA NETWORKS: Milberg Weiss Files Securities Suit In S.D. New York WEBVAN GROUP: Milberg Weiss Commences Securities Suit In S.D. New York ********* ACXIOM CORPORATION: Says Plaintiffs' Appeal Baseless And Without Merit ----------------------------------------------------------------------- Acxiom Corporation recently called an appeal by plaintiffs of a dismissed securities class action baseless and without merit. The Company promised to mount a vigorous defense to contest the issues that are brought in the appeal. The U.S. District Court for the Eastern District of Arkansas dismissed with prejudice the 1999 securities class action last March. The action had alleged that the defendants violated Section 11 of the Securities Act of 1933 in connection with the July 23, 1999 public offering of 5,421,000 shares of the Company's common stock. Acxiom Corporation is a leading provider of computer-based marketing information services. Its databases provide information on 95% of US households. Clients such as Allstate, Citigroup, GE Capital, Sears, and Wal-Mart use Acxiom's database products such as AbiliTec, Solvitur, and InfoBase to pinpoint customers that might want their products and services. AMC ENTERTAINMENT: To Appeal Ruling On Certificates, Discount Tickets --------------------------------------------------------------------- AMC Entertainment, Inc. recently informed the Securities and Exchange Commission that it intends to appeal a ruling in May declaring its Gift of Entertainment and discount tickets as "gift certificates." The adverse ruling significantly boosters the chances of two class action lawsuits pending in California. The Company is facing two coordinated class action cases for violating Section 1749.5 of the California Civil Code, which provides that "on or after July 1, 1997, it is unlawful for any person or entity to sell a gift certificate to a purchaser containing an expiration date." The Company's Gift of Entertainment certificates and discount tickets still carried expiration dates after July 1, 1997. Hoovers.com describes the Company as one of the leading movie theater operators in the United States. Its 185 theaters with 2,800 screens can be found in 22 states and the District of Columbia, as well as in Canada, France, Hong Kong, Japan, Portugal, and Spain. AUSTRALIA: Aviation Safety Authority Sued Over Deep Vein Thrombosis ------------------------------------------------------------------- Australia's Civil Aviation Safety Authority faces suit for not warning passengers of the risk of deep vein thrombosis (DVT). A class action filed in the Supreme Court of Victoria will cover 20 cases, but may not be heard before a judge until mid-2003, according to a recent report appearing in the Australasian Business Intelligence: The Mercury. The class action will determine whether the aviation authority had the responsibility to inform airline passengers of the dangers of DVT. If liable, the authority will pay compensation for breaches of international law. Paul Henderson, a partner with Slater & Gordon, a law firm that has been contacted by 2700 individuals claiming to have been affected by DVT, said that the authority's medical advisers had known of the risks of DVT since the 1970's. BENNIGAN'S GRILL: National Restaurant Chain Settles Harassment Suit ------------------------------------------------------------------- Bennigan's Grill and Tavern, the national restaurant chain, has agreed to pay $160,000 and apologize to nine women who worked at Bennigan's Metro Center restaurant in Phoenix in 1997, in order to settle a sexual harassment lawsuit brought by the Equal Employment Opportunity Commission, a recent Bloomberg News report said. The Commission said the nine women would share the $160,000 and receive a letter of apology from the president of Bennigan's, Jerry Comstock, "for being subjected to egregious and repeated sexual harassment" by male managers and co-workers at the Phoenix restaurant. Bennigan's, while disagreeing with the allegations, said that "bringing closure to this dispute was in the best interests of all involved." In the suit, the Commission charged that a male manager had grabbed the waitresses and shoved ice down their clothing. The suit also claimed that male workers "constantly made lewd comments." CALDERA INTERNATIONAL: Marc Henzel Files Securities Suit In S.D. NY ------------------------------------------------------------------- The law firm of Marc S. Henzel filed a securities class action lawsuit in the United States District Court for the Southern District of New York on behalf all persons who acquired Caldera International, Inc. (Nasdaq: CALD) securities between March 21, 2000 and December 6, 2000. Named as defendants in the complaint are Caldera and the following executive officers of Caldera: (i) Ransom H. Love, (ii) Alan Hansen, (iii) Ralph J. Yarro III, (iv) Raymond J. Noorda, and (v) Thomas P. Raimondi, Jr. The complaint also names as defendants the following underwriters of Caldera's initial public offering: FleetBoston Robertson Stephens Inc., Bear, Stearns & Co., Inc., Soundview Technology Group, Inc., and First Security Van Kasper. The complaint charges defendants with violations of the Securities Act of 1933 and the Securities Exchange Act of 1934 for issuing a Registration Statement and Prospectus that contained materially false and misleading information and failed to disclose material information. For more information, contact: The Law Offices of Marc S. Henzel by Mail: 210 West Washington Square, Third Floor Philadelphia, PA 19106 by Phone: 888-643-6735 or 215-625-9999 by Fax: 215-440-9475 by E-mail: Mhenzel182@aol.com or visit the firm's Website: http://members.aol.com/mhenzel182 CLEVELAND BROWNS: '95 Season-Ticket Holders $3M Settlement Approved ------------------------------------------------------------------- A judge granted final approval of a $3 million deal settling a lawsuit filed by season ticket-holders against the former Cleveland Browns, an Associated Press report said. Cuyahoga County Common Pleas Judge Kenneth Callahan preliminarily approved the settlement in April and ordered time for notification of parties in the class action lawsuit. The settlement involves about 14,000 former season ticket-holders, and, under its terms, the owners of each of about 40,000 Browns season tickets for the 1995 season are entitled to $50 per season ticket. Joshua Cohen, attorney for the ticket-holders, said that after a 30-day waiting period, claim forms would be mailed. He added that no one in the class of ticket-holders has so far objected to the settlement. The lawsuit charged Art Modell, owner of the Baltimore Ravens -- formerly known as the Cleveland Browns -- of misleading 1995 season ticket-holders by saying publicly, when the team was in Cleveland, that he would never move the Browns. The Browns moved to Baltimore after the 1995 season, however, and were renamed the Ravens. After a three-year hiatus, the Ravens, or the Browns, returned to the NFL as an expansion team. COCA-COLA: Stock Option Settlement Offer Granted Final Court Approval --------------------------------------------------------------------- Coca-Cola Co. announced recently that it has received final court approval of its settlement offer proposed last June 7. The settlement provides for the issuance of up to 120,000 shares of the Company's common stocks to employees of the Company from 1996 through 1999 who will exercise such option. "If an option-holder is still employed by us, the term of the options is 10 years, less the time elapsed since the date of the applicable grant, assuming that the options had been granted in 1996 through 1999, as applicable," the Company explained. "However, if an option-holder is no longer employed by us for reasons other than retirement on the date the options are distributed, he or she must exercise his or her options within 18 months after the date of final court approval of the settlement agreement or six months from termination of employment, whichever is later," the Company said. The options entitle the holders thereof to purchase shares of the Company's common stock at exercise prices ranging from $48.875 to $65.875 per share until the expiration of the options in 2009. To the extent the options are exercised for cash, the applicable exercise price will be paid to the Company by the option-holder at the time of exercise. The United States District Court for the Northern District of Georgia granted final approval to the above settlement. Coca-Cola Company, which does no actual bottling, sells more than 230 brands of beverages, including coffees, juices, sports drinks, and teas, in some 200 nations. COVAD COMMUNICATIONS: Marc Henzel Files Securities Suit In S.D. NY ------------------------------------------------------------------ The law firm of Marc S. Henzel filed a class action lawsuit in the United States District Court for the Southern District of New York, on behalf of purchasers of Covad Communications Group, Inc. (Nasdaq: COVD) between January 21, 1999 and December 6, 2000, inclusive. The suit listed as defendants Covad, certain of its officers and directors, and its underwriters. The complaint alleges that defendants violated the federal securities laws by issuing and selling Covad common stock pursuant to the January 21, 1999 IPO without disclosing to investors that some of the underwriters in the offering, including the lead underwriters, had solicited and received excessive and undisclosed commissions from certain investors. For more information, contact: The Law Offices of Marc S. Henzel by Mail: 210 West Washington Square, Third Floor Philadelphia, PA 19106 by Phone: 888-643-6735 or 215-625-9999 by Fax: 215-440-9475 by E-mail: Mhenzel182@aol.com or visit the firm's Website: http://members.aol.com/mhenzel182 DISCOVER FINANCIAL: Sued In Milwaukee Over False, Misleading Threats -------------------------------------------------------------------- Discover Financial Services, Inc. faces a class action lawsuit recently filed in Milwaukee County Circuit Court for allegedly making a threat to sue a credit card holder for nonpayment of debt, in a manner which violated Wisconsin's consumer protection laws, according to the Milwaukee Journal Sentinel. Debra Harryman of Mukwonago, plaintiff credit card holder in the class action lawsuit, is suing the company for writing a "false and misleading" letter threatening to sue her for nonpayment of a nearly $6,000 debt, when the company never intended to sue. Such threats are a clear violation of Wisconsin's consumer protection laws governing debt collection activity, said Robert O'Reilly, the Milwaukee attorney representing Harryman. "The main thing is, if you look at the allegations, the company sent a letter in which they lied to my client," said O'Reilly. First, Harryman received the company's letter informing her she would be sued if she did not remit the outstanding balance within 10 days; but when she received a letter from a collection agency nearly 30 days later, Harryman knew Discover's threat had been false from the start, violating the Wisconsin law, according to O'Reilly. Statutory damages will be available to all class members if the suit succeeds in court, according to court documents. The suit seeks reasonable attorney's fees and costs as well as an injunction against further use of false representations like those contained in the company's letter to Harryman. ECHOSTAR COMMUNICATIONS: Sued For Violating Two California Statutes ------------------------------------------------------------------- EchoStar Communications Corporation was brought to court in May in a class action relating to late fees, and alleged unlawful, unfair and fraudulent business practices in violation of California laws. In a recent regulatory filing with the Securities and Exchange Commission, the Company disclosed that it is facing charges for violations of the California Business and Professions Code and California Consumer Legal Remedies Act. The case is pending in the California State Superior Court for Alameda County. "It is too early in the litigation to make an assessment of the probable outcome of the litigation or to determine the extent of any potential liability or damages," the Company said in its SEC report. "We intend to deny all liability and intend to vigorously defend the lawsuit," the Company said. EchoStar is the No. 2 direct broadcast satellite (DBS) TV provider in the United States. It operates the DISH Network, providing programming to about 6 million subscribers in the continental US. ECHOSTAR COMMUNICATIONS: Lands In California Court For Warranty Breach ---------------------------------------------------------------------- For using the terms "crystal clear digital video," "CD-quality audio," and "on-screen program guide," EchoStar Communications Corporation landed in court after a class action was filed in California recently. The complaint alleges breach of express warranty and violation of the California Consumer Legal Remedies Act, Civil Code Section 1750, et. seq., and the California Business & Professions Code Section 17500, 17200. David Pritikin and by Consumer Advocates, a nonprofit unincorporated association, filed the suit in the California State Superior Court for Los Angeles County. "We have filed an answer and the case is currently in discovery. No motion for class certification has been filed to date," the Company said in recent SEC report. "It is too early in the litigation to make an assessment of the probable outcome of the litigation or to determine the extent of any potential liability or damages," the report added. ECHOSTAR COMMUNICATIONS: To Mount Strong Defense Versus CO Suits ---------------------------------------------------------------- EchoStar Communications Corporation also said in the same SEC report that it intends to mount a vigorous defense against three purported class action suits filed by its retailers. Air Communication & Satellite, Inc. and John DeJong, et al. filed the suits in October last year. These complaints are pending in the District Court, Arapahoe County, State of Colorado and the United States District Court for the District of Colorado, respectively. The plaintiffs are attempting to certify nationwide classes allegedly brought on behalf of persons, primarily retail dealers, who were alleged signatories to certain retailer agreements with EchoStar Satellite Corporation. The plaintiffs are requesting the Court to declare certain provisions of the alleged agreements invalid and unenforceable, declare that certain changes to the agreements are invalid and unenforceable, and award damages for lost commissions and payments, charge backs, and other compensation. The plaintiffs allege breach of contract and breach of the covenant of good faith and fair dealing and seek declaratory relief, compensatory damages, injunctive relief, and pre-judgment and post-judgment interest. FLEMING COMPANIES: $2.5M Settlement Reached Ahead Of Trial Date --------------------------------------------------------------- Fleming Companies, Inc. announced recently that it has reached an agreement to settle a purported class action filed by two noteholders ahead of the trial set for October this year. The memorandum of understanding was reached in April and involves payment by the Company of $2.5 million to the class members. The company said in a recent regulatory report to the Securities and Exchange Commission that the settlement still needs court and class approval. The suit was filed in 1996 against the Company and certain of its present and former officers and directors in the United States District Court for the Western District of Oklahoma. IMRGLOBAL CORPORATION: Says Challenge To CGI Merger Meritless ------------------------------------------------------------- IMRglobal Corp. (Nasdaq: IMRS) and CGI Group Inc. (NYSE: CGI) announced that a lawsuit has been filed against IMRglobal and its directors, alleging breaches of fiduciary duty in connection with IMRglobal's pending merger with CGI. The suit, which was filed in state court in Florida, is seeking class action status on behalf of all shareholders of IMRglobal. The suit alleges that the terms of the pending merger with CGI will produce an unfairly low price and that certain personal benefits to be received by IMRglobal's directors in connection with the merger caused IMRglobal to approve the merger with CGI. "The claims made in this lawsuit are entirely without merit. The proposed merger with CGI is clearly the best alternative available to IMRglobal and is fair and in the best interests of IMRglobal shareholders," Chairman and CEO Satish Sanan said. "We intend to proceed with the merger with CGI without delay and to vigorously oppose this unfounded legal action," he added. Under the terms of the merger agreement, announced February 21, 2001, IMRglobal shareholders will receive 1.5974 Class A Subordinate Shares of CGI for each share of IMRglobal Common Stock. The transaction will position CGI as the fourth largest independent IT services company in North America, with close to 13,000 employees. CGI will serve more than 3,000 clients in the US, Canada, the United Kingdom, France, India, Japan, and Australia from more than 60 offices in 24 countries. Completion of the transaction requires that a majority of IMRglobal shares outstanding be voted in favor of the transaction at a special meeting of IMRglobal shareholders, which is scheduled for July 27, 2001 in New York City. Completion of the transaction is expected shortly after shareholder approval. INFOSPACE INC.: Lovell & Stewart Files Securities Suit In WD WA --------------------------------------------------------------- Lovell & Stewart, LLP filed early last week a class action lawsuit on behalf of all persons who purchased or otherwise acquired the securities of InfoSpace, Inc. (NasdaqNM:INSP) between January 26, 2000 and January 30, 2001. The lawsuit asserts claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated by the SEC thereunder and seeks to recover damages. For further information, contact: Christopher Lovell, Victor E. Stewart or Christopher J. Gray by Phone: 212/608-1900 or by E-mail: sklovell@aol.com INTEGRATED INFORMATION: Faces Securities Lawsuit In S.D. New York ----------------------------------------------------------------- Integrated Information Systems, Inc., certain of its current and former directors, and the members of the underwriting syndicate involved in the Company's initial public offering have been named as defendants in a class action lawsuit in the United States District Court, Southern District of New York. The action, number 01 CV 6120, alleges that the defendants violated federal securities laws and seeks unspecified monetary damages and certification of a plaintiff class consisting of all persons who acquired shares of the Company's common stock between March 17, 2000 and June 27, 2001. Specifically, the complaint charges the defendants with violations of Sections 11, 12(a)(2) and 15 of the Securities Act of 1933 and Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. In substance, the allegations are that the underwriters of the Company's initial public offering charged commissions in excess of those disclosed in the initial public offering materials, and that these actions were not properly disclosed. The Company believes the claims against it are unfounded and without merit and intends to vigorously defend this matter. Integrated Information Systems, Inc. turns the Internet into a viable tool for business and government clients by providing a variety of strategic consulting and technology integration services, including Web design and e-commerce application development, network design and configuration, and infrastructure consulting. INTERNAP NETWORK: Marc Henzel Brings Securities Suit In S.D. New York --------------------------------------------------------------------- The law firm of Marc S. Henzel filed a class action lawsuit in the United States District Court, Southern District of New York, on behalf of purchasers of the securities of InterNAP Network Services Corporation (Nasdaq: INAP) between September 29, 1999 and December 6, 2000, inclusive. The action alleges the following as defendants: InterNAP, Morgan Stanley & Co. Inc., Credit Suisse First Boston Corp., BancBoston Robertson Stephens Inc., Merrill Lynch, Pierce Fenner & Smith Inc., Anthony C. Naughtin, Paul E. McBride, and Eugene Eidenberg. The complaint alleges violations of Sections 11, 12(a)(2) and 15 of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. For further details, contact: The Law Offices of Marc S. Henzel by Mail: 210 West Washington Square, Third Floor Philadelphia, PA 19106 by Phone: (888) 643-6735 or (215) 625-9999 by Fax: (215) 440-9475 by E- mail: Mhenzel182@aol.com or visit the firm's Website: http://members.aol.com/mhenzel182 LIONBRIDGE TECHNOLOGIES: Bernstein Liebhard Files Suit In S.D. NY ----------------------------------------------------------------- Bernstein Liebhard & Lifshitz, LLP filed a securities class action lawsuit on behalf all persons who acquired Lionbridge Technologies, Inc. (NASDAQ: LIOX) securities between August 20, 1999 and December 6, 2000. The case is pending in the United States District Court for the Southern District of New York. Named as defendants in the complaint are Lionbridge and the following executive officers and directors of Lionbridge: (i) Rory J. Cowan, (ii) Stephen J. Lifshatz, (iii) Guy L. de Chazal, (iv) Marcia J. Hopper, (v) Stephen M. Jenks, (vi) Paul Kavanagh, and (vii) Claude P. Sheer. The complaint also names as defendants the following underwriters of Lionbridge's initial public offering: Prudential Securities Incorporated, U.S. Bancorp Piper Jaffray Inc., and Adams, Harkness & Hill, Inc. The complaint charges defendants with violations of the Securities Act of 1933 and the Securities Exchange Act of 1934 for issuing a Registration Statement and Prospectus that contained materially false and misleading information and failed to disclose material information. For more details, contact: Linda Flood, Director of Shareholder Relations by Mail: 10 East 40th Street, New York, New York 10016, by Phone: (800) 217-1522 or 212-779-1414 or by E-mail: LIOX@bernlieb.com LIQUID AUDIO: Bernstein Liebhard Commences Securities Suit In S.D. NY --------------------------------------------------------------------- Bernstein Liebhard & Lifshitz, LLP filed a securities class action lawsuit on behalf all persons who acquired Liquid Audio, Inc. (NASDAQ: LQID) securities between July 8, 1999 and December 6, 2000. The case is pending in the United States District Court for the Southern District of New York. Named as defendants in the complaint are Liquid Audio and the following executive officers and directors of Liquid Audio: (i) Gerald W. Kearby, (ii) Gary J. Iwatani, (iii) Philip R. Wiser, (iv) Ann Winbald, (v) Silvia Kessel, (vi) Sanford R. Climan, and (v) Eric Robison. The complaint also names as defendants the following underwriters of Liquid Audio's initial public offering: Lehman Brothers Inc., BancBoston Robertson Stephens Inc., and U.S. Bancorp Piper Jaffray Inc. The complaint charges defendants with violations of the Securities Act of 1933 and the Securities Exchange Act of 1934 for issuing a Registration Statement and Prospectus that contained materially false and misleading information and failed to disclose material information. For more details, contact: Linda Flood, Director of Shareholder Relations by Mail: 10 East 40th Street, New York, New York 10016 by Phone: (800) 217-1522 or 212-779-1414 or by E-mail: LQID@bernlieb.com MARCONI PLC: Berger & Montague Files Securities Suit In W.D. PA --------------------------------------------------------------- Berger & Montague, P.C. filed a class action suit against Marconi, PLC (Nasdaq:MONI) and two of its principal officers in the United States District Court for the Western District of Pennsylvania on behalf of all persons or entities who purchased Marconi, PLC American Deposit Receipts during the period from April 11, 2001 through July 4, 2001, inclusive. The complaint charges defendants with violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 for falsely reassuring investors during the class period that its revenues would rise this year, claiming that its geographic and business mix left it relatively immune from the economic downturn, and that is saw no need to change its guidance. For more details, contact: Sherrie R. Savett, Esq., Stuart J. Guber, Esq. or Kimberly A. Walker, Investor Relations Manager by Mail: Berger & Montague, P.C., 1622 Locust Street, Philadelphia, PA 19103 by Phone: 888-891-2289 or 215-875-3000 by Fax: 215-875-5715 by E-mail: InvestorProtect@bm.net or visit the firm's Website: www.bergermontague.com NEOFORMA.COM: Milberg Weiss Begins Securities Suit In S.D. New York ------------------------------------------------------------------- Milberg Weiss Bershad Hynes & Lerach LLP filed last week a class action lawsuit on behalf of purchasers of the securities of Neoforma.com, Inc. (NASDAQ: NEOF) between January 24, 2000 and December 6, 2000, inclusive. The action is pending in the United States District Court, Southern District of New York against defendants Neoforma.com, Merrill Lynch, Pierce, Fenner & Smith, Incorporated, Bear Stearns & Co., FleetBoston Robertson Stephens, Inc., Robert J. Zollars and Frederick J. Ruegsegger. The complaint alleges violations of Sections 11, 12(a)(2) and 15 of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. For more details, contact: Steven G. Schulman or Samuel H. Rudman by Mail: One Pennsylvania Plaza, 49th fl., New York, NY, 10119-0165 by Phone: (800) 320-5081 by Email: Neoformacase@milbergNY.com or visit the firm's Website: www.milberg.com NETWORK PLUS: Marc Henzel Files Securities Suit In S.D. New York ---------------------------------------------------------------- The law firm of Marc S. Henzel filed a class action lawsuit in the United States District Court, Southern District of New York, on behalf of purchasers of the securities of Network Plus Corp. (Nasdaq: NPLS) between June 30, 1999 and December 6, 2000, inclusive. The suit listed as defendants Network Plus, Goldman Sachs & Co., Bear, Stearns & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Lehman Brothers, Inc., Salomon Smith Barney, Inc., Robert T. Hale, Jr., James J. Crowley, and George Alex. The complaint alleges violations of Sections 11, 12(a)(2) and 15 of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. For further details, contact: The Law Offices of Marc S. Henzel by Mail: 210 West Washington Square, Third Floor Philadelphia, PA 19106 by Phone: (888) 643-6735 or (215) 625-9999 by Fax: (215) 440-9475 by E- mail: Mhenzel182@aol.com or visit the firm's Website: http://members.aol.com/mhenzel182 NEW YORK: Federal Judge Grants Class Status To Bias Teacher-Test Suit --------------------------------------------------------------------- Manhattan Federal Court Judge Constance Baker Motley granted class action certification to a racial discrimination lawsuit that challenges the way State teaching certification exams were administered after the city Board of Examiners was abolished a decade ago, and set a trial for April, the New York Daily News reported recently. "We've had a real battle," said plaintiffs' attorney, Barbara Olshansky of the Center for Constitutional Rights, as she expressed her pleasure with the judge's ruling. The lawsuit alleges that black and Latino teachers were discriminated against when they were forced to take a national teacher exam and liberal arts and sciences tests after they already had become tenured teachers. Olshansky said the tests were intended for would-be teachers still in college, not for city teachers who already had obtained their teaching licenses. The lawsuit seeks back pay that totals in the millions of dollars for a potential class that could range from 500 to 3,000 members. OHIO STATE: Lawsuit Challenges Methods Of State Parole Authority ---------------------------------------------------------------- The Parole Reform Committee, on behalf of 18,000 to 20,000 prisoners jailed before 1996, has filed a class action lawsuit in Lucas County Common Pleas Court, complaining that the Ohio Adult Parole Authority "has staked out a new role and purpose as advocate for victims, and as society's instrument for extracting vengeance on a victim's behalf," the Associated Press reported recently. The Reform Committee was founded this year by Canton attorney Norman Sirak and former inmates. Although the sentencing reform law, enacted in 1996, took away much of the parole board's discretion over prisoner release, that discretion continues to operate in cases involving prisoners jailed before 1996. It is in this pre-1996 time frame that the Reform Committee charges that the parole board has misused its discretion by ignoring plea bargains, sentencing agreements, "good time" earned and even jury verdicts in deciding how long inmates will remain in prison. The lawsuit says, further, that the parole board has damaged public confidence in the justice system "by routinely and deliberately ignoring the Herculean efforts that many of these inmates have made to advance their education and correct their antisocial behavior." The class action lawsuit refers to more than 300 cases in which the plaintiffs have endeavored to improve themselves while in prison only to have these efforts ignored as factors to be considered in the parole process. A graphic example is that of inmate George Brehm, who had earned a number of degrees while in prison and whose 86 pages of documentation listing achievements, references and letters of rehabilitation were disposed of in 15 minutes by the parole board, which continued his sentence for conspiracy for another 10 years. PENSION BENEFIT: Bucket Elevator Employees May Now Receive Benefits ------------------------------------------------------------------- Employees of Bucket Elevator Co. may now receive their benefits provided for in a settlement agreement with Pension Benefit Guaranty Corporation, the Chatham Courier reported. Individuals who had worked for the company for more than five years and had participated in the company's pension plan but did not receive appropriate benefits are now entitled to them plus interest. According to Page/Collins Class Action Settlement Direct Dallas-based firm, the benefits are payable under a 1996 settlement involving some 12,000 pension plans nationwide that were terminated between 1976 and 1981. Bucket Elevator Co. is one of seven companies in northern New Jersey involved in a class action suit against the Company. The report said that some beneficiaries who worked for the companies for 10 years or more have reportedly received payments amounting $10,000 to $12,000. Individuals who worked for the companies for more than five but less than 10 years have received smaller benefits. RADIAN GROUP: Motion To Dismiss North Carolina Suit Still Undecided ------------------------------------------------------------------- Mortgage insurance provider Radian Group, Inc. disclosed in a recent regulatory filing with the Securities and Exchange Commission that it has filed a motion to dismiss a suit in North Carolina alleging violation of the Real Estate Settlement Procedures Act. The complaint filed in December last year alleged violation of Section 8 of the Act, which generally prohibits the giving of any fee, kickback or thing of value pursuant to any agreement or understanding that real estate settlement services will be referred. The complaint asserts that the pricing of pool insurance, captive reinsurance, contract underwriting, performance notes and other, unidentified "structured transactions," should be interpreted as imputed kickbacks made in exchange for the referral of primary mortgage insurance business, which, according to the complaint, is a settlement service under the Act. The case is currently pending in the United States District Court for the Middle District of North Carolina (Greensboro Division). "Because this case is at a very early stage, it is not possible to evaluate the likelihood of an unfavorable outcome or to estimate the amount or range of potential loss," the Company said in its SEC report. RHYTHMS NETCONNECTIONS: Marc Henzel Files Securities Suit In S.D. NY -------------------------------------------------------------------- The law firm of Marc S. Henzel filed a class action lawsuit in the United States District Court for the Southern District of New York, on behalf of purchasers of Rhythms NetConnections, Inc. (OTC Bulletin Board: RTHM) common stock between April 6, 1999 and July 5, 2001, inclusive. The complaint alleges that the following defendants violated the federal securities laws by issuing and selling Rhythms NetConnections common stock pursuant to the April 6, 1999 IPO without disclosing to investors that some of the underwriters in the offering, including the lead underwriters, had solicited and received excessive and undisclosed commissions from certain investors: (i) Rhythms NetConnections, Inc., (ii) Catherine M. Hapka, (iii) Scott C. Chandler, (iv) Kevin R. Compton, (v) Keith B. Geeslin, (vi) Ken L. Harrison, (vii) Susan Mayer, (viii) William R. Stensrud, (ix) John L. Walecka and (x) Edward J. Zander For more details, contact: The Law Offices of Marc S. Henzel by Mail: 210 West Washington Square, Third Floor Philadelphia, PA 19106 by Phone: 888-643-6735 or 215-625-9999 by Fax: 215-440-9475 by E-mail: Mhenzel182@aol.com or visit the firm's Website: http://members.aol.com/mhenzel182 SILVERSTREAM SOFTWARE: Marc Henzel Begins Securities Suit In S.D. NY -------------------------------------------------------------------- The law firm of Marc S. Henzel filed a class action lawsuit in the U.S. District Court for the Southern District of New York on behalf of all persons and entities who purchased, converted, exchanged or otherwise acquired the common stock of SilverStream Software, Inc. (Nasdaq: SSSW) between August 16, 1999 and May 23, 2000, inclusive. The lawsuit asserts claims under Sections 11, 12 and 15 of the Securities Act of 1933 and Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated by the SEC thereunder and seeks to recover damages. For further information, contact: The Law Offices of Marc S. Henzel by Mail: 210 West Washington Square, Third Floor Philadelphia, PA 19106 by Phone: 888-643-6735 or 215-625-9999 by Fax: 215-440-9475 by E-mail: Mhenzel182@aol.com or visit the firm's Website: http://members.aol.com/mhenzel182 TERRA NETWORKS: Milberg Weiss Files Securities Suit In S.D. New York -------------------------------------------------------------------- Milberg Weiss Bershad Hynes & Lerach LLP filed last week a class action lawsuit on behalf of purchasers of the securities of Terra Networks, S.A. (NASDAQ: TRLY) between November 15, 1999 and December 6, 2000, inclusive. The action alleges the following as defendants: Terra, Goldman Sachs & Co., Credit Suisse First Boston Corporation, Lehman Brothers Inc., Bear, Stearns & Co., Inc., Salomon Smith Barney Inc., Juan Perez Saenz de Buruaga, Juan Villalonga Navarro, and Antonio de Esteban Quintana. The case is pending in the United States District Court, Southern District of New York. The complaint alleges violations of Sections 11, 12(a)(2) and 15 of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. For more information, contact: Steven G. Schulman or Samuel H. Rudman by Mail: One Pennsylvania Plaza, 49th fl., New York, NY, 10119-0165 by Phone: (800) 320-5081 by Email: terracase@milbergNY.com or visit the firm's Website: www.milberg.com WEBVAN GROUP: Milberg Weiss Commences Securities Suit In S.D. New York ---------------------------------------------------------------------- Milberg Weiss Bershad Hynes & Lerach LLP filed late last week a class action lawsuit on behalf of purchasers of the securities of Webvan Group, Inc. (NASDAQ: WBVN - news) between November 4, 1999 and December 6, 2000, inclusive. The action is pending in the United States District Court, Southern District of New York against defendants Goldman Sachs, Merrill Lynch, Pierce, Fenner & Smith, Incorporated, BancBoston Robertson Stephens, Inc., Bear Stearns & Co., Salomon Smith Barney, George T. Shaheen, Kevin R. Czinger and Louis H. Borders. The complaint alleges violations of Sections 11, 12(a)(2) and 15 of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. For more information, contact: Steven G. Schulman or Samuel H. Rudman by Mail: One Pennsylvania Plaza, 49th fl., New York, NY, 10119-0165 by Phone: (800) 320-5081 by Email: webvancase@milbergNY.com or visit the firm's Website: www.milberg.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Trenton, New Jersey, and Beard Group, Inc., Washington, D.C. Enid Sterling, Larri-Nil Veloso and Lyndsey Resnick, Editors. Copyright 2001. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $575 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Christopher Beard at 301/951-6400. * * * End of Transmission * * *