/raid1/www/Hosts/bankrupt/CAR_Public/010725.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, July 25 2001, Vol. 3, No. 144
Headlines
AIRSPAN NETWORKS: Bernstein Liebhard Begins Securities Suit In S.D. NY
ANTHEM HEALTH: Class Action Status Okayed for Doctors' Lawsuit
BLUE MARTINI: Milberg Weiss Begins Securities Suit In S.D. New York
BROCADE COMMUNICATIONS: Stull Stull Brings Securities Suit In S.D. NY
CACHEFLOW INC.: Stull Stull Begins Securities Suit In S.D. New York
COMPAQ COMPUTER: Texas Judge Grants Class Certification On 1999 Suit
INTEGRATED INFORMATION: Cauley Geller Files Securities Suit In S.D. NY
LIONBRIDGE TECHNOLOGIES: Cauley Geller Files S.D. NY Securities Suit
LIQUID AUDIO: Schiffrin & Barroway Begins Securities Suit In S.D. NY
MARCONI PLC: Cohen Milstein Files Securities Suit In W.D. Pennsylvania
MCDATA CORPORATION: Cauley Geller Brings Securities Suit In S.D. NY
NEOFORMA.COM: Cauley Geller Commences Securities Suit In S.D. New York
NEXT LEVEL: Marc Henzel Commences Securities Suit In S.D. New York
NOVARTIS PHARMACEUTICALS: Plaintiffs Voluntarily Drop Ritalin Suit
NPC INTERNATIONAL: Largest Pizza Hut Franchisee Inks Settlement Deal
OMNISKY CORPORATION: Schiffrin & Barroway Begins Suit In S.D. New York
OPEN MARKET: Software Maker's Motion to Dismiss Still Undecided
PSS WORLD: Kaplan Fox Brings Securities Suit In M.D. Florida
SIPEX CORPORATION: Cauley Geller Files Massachusetts Securities Suit
SUPERVALU: Court Allows Age Discrimination Suit Members Notification
TERRA NETWORKS: Schiffrin & Barroway Begins Securities Suit In S.D. NY
TRANSMETA CORPORATION: Berman DeValerio Files Suit In N.D. California
UNDERWRITERS LITIGATION: Milberg Weiss Sues Underwriters Of WebMD IPO
UNISYS CORPORATION: Inks Agreement With Securities Suit Plaintiffs
WEBVAN GROUP: Cauley Geller Commences Securities Suit In S.D. New York
*********
AIRSPAN NETWORKS: Bernstein Liebhard Begins Securities Suit In S.D. NY
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Bernstein Liebhard & Lifshitz, LLP filed a securities class action
lawsuit on behalf of all persons who acquired Airspan NETWORKS INC.
(NASDAQ: AIRN) securities between July 20, 2000 and December 6, 2000.
The case is pending in the United States District Court for the
Southern District of New York.
The suit names as defendants Airspan and the following executive
officers of the Company: Eric D. Stonestrom, and Joseph J. Caffarelli.
The complaint also names as defendants the following underwriters of
Airspan's initial public offering:
(i) Credit Suisse First Boston Corporation,
(ii) Deutsche Bank Securities Inc.,
(iii) Lehman Brothers, Inc., and
(iv) 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: IRN@bernlieb.com
ANTHEM HEALTH: Class Action Status Okayed for Doctors' Lawsuit
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Judge Beverly Hodgson of the Waterbury Superior Court in Connecticut
has approved a class action lawsuit against Anthem Health Plans, Inc.
by a group of between 7,000 and 8,000 doctors, according to a recent
Associated Press report.
The trial is expected to begin on February 2002, according to New
Britain lawyer William Sweeney, Jr., who represents the doctors.
The lawsuit accuses Anthem of arbitrarily denying payments, paying
doctors based on "profiling" -- or how the company judges the doctors'
practice patterns -- and failing to apply consistent standards in
deciding what care is medically necessary.
The lawsuit also alleges violations of state laws on unfair trade and
insurance practices, breach of good faith and breach of contract.
"We've had an excellent network and we stand by our network of
doctors," said Lauren Green-Caldwell, a spokeswoman for Anthem in
Indianapolis.
Although she would not comment on details of the lawsuit, she
acknowledged that the judge's decision is a procedural victory for the
doctors who are suing.
She was quick to add, however, that the decision is unrelated to the
merits of the case.
BLUE MARTINI: Milberg Weiss Begins Securities Suit In S.D. New York
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Milberg Weiss Bershad Hynes & Lerach LLP filed last week a class action
lawsuit on behalf of purchasers of the securities of Blue Martini
Software, Inc. (NASDAQ:BLUE) between July 24, 2000 and December 6,
2000, inclusive.
The action is pending in the United States District Court, Southern
District of New York against defendants Blue Martini, Goldman Sachs &
Co., Monte Zweben and John E. Caliconi, Jr.
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: bluemartinicase@milbergNY.com or visit
the firm's Website: www.milberg.com
BROCADE COMMUNICATIONS: Stull Stull Brings Securities Suit In S.D. NY
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Stull, Stull & Brody filed late last week a class action lawsuit in the
United States District Court for the Southern District of New York, on
behalf of purchasers of Brocade Communication Systems, Inc.
(NASDAQ:BRCD) common stock between May 24, 1999 and July 17, 2001,
inclusive.
The complaint alleges that defendants violated the federal securities
laws by issuing and selling Brocade common stock pursuant to the May
24, 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 further information, contact: Tzivia Brody, Esq. by Phone: 1-800-
337-4983 (toll free) by E-mail: SSBNY@aol.com by Fax: 212/490-2022 or
by Mail: 6 East 45th Street, New York, NY 10017
CACHEFLOW INC.: Stull Stull Begins Securities Suit In S.D. New York
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Stull, Stull & Brody filed late last week a class action lawsuit in the
United States District Court for the Southern District of New York, on
behalf of purchasers of CacheFlow Inc. (NASDAQ:CFLO) common stock
between November 18, 1999 and June 8, 2001, inclusive.
The complaint alleges that defendants violated the federal securities
laws by issuing and selling CacheFlow common stock pursuant to the
November 18, 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: Tzivia Brody, Esq. by Phone: 1-800-337-
4983 (toll free) by E-mail: SSBNY@aol.com by Fax: 212/490-2022 or by
Mail: 6 East 45th Street, New York, NY 10017
COMPAQ COMPUTER: Texas Judge Grants Class Certification On 1999 Suit
--------------------------------------------------------------------
It's official.
The suit filed against Compaq Computer Corp. has been granted class
action status by a Texas district court, the Associated Press reported
recently.
"(The suit) has all the hallmarks of a proper class action," the report
quoted Judge Gary Sanderson as saying in ruling on the suit filed in
1999.
The judge said the "several hundred thousand" Compaq computer owners
who may have been affected don't stand to benefit by suing
individually.
A Compaq spokesman said the Company would appeal the certification.
The lawsuit was filed against the computer manufacturer by three
plaintiffs.
The class action status includes anyone who purchased a Compaq computer
model containing a SiS 6801 or ITE 8661 floppy disk controller.
INTEGRATED INFORMATION: Cauley Geller Files Securities Suit In S.D. NY
----------------------------------------------------------------------
Cauley Geller Bowman & Coates, LLP filed a class action in the United
States District Court for the Southern District of New York on behalf
of purchasers of Integrated Information Systems, Inc. (Nasdaq: IISX)
securities during the period between March 17, 2000 and December 6,
2000, inclusive.
The complaint charges the following defendants with 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:
(i) Integrated,
(ii) FleetBoston Robertson Stephens,
(iii) U.S. Bancorp Piper Jaffray Inc.,
(iv) Robert W. Baird & Co. Incorporated,
(v) Legg Mason Wood Walker,
(vi) James G. Garvey, Jr.,
(vii) David Wirthlin,
(viii) Alan Hald,
(ix) Daniel Foreman,
(x) Stephen Lindstrom,
(xi) Daniel Roche and
(xii) Keith Walz.
For more details, contact: CAULEY GELLER BOWMAN & COATES, LLP through
its Client Relations Department: Jackie Addison, Sue Null or Charlie
Gastineau by Mail: P.O. Box 25438, Little Rock, AR 72221-5438 by Phone:
1-888-551-9944 (toll free) or by E-mail: info@classlawyer.com
LIONBRIDGE TECHNOLOGIES: Cauley Geller Files S.D. NY Securities Suit
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Cauley Geller Bowman & Coates, LLP filed a class action in the United
States District Court for the Southern District of New York on behalf
of purchasers of Lionbridge Technologies, Inc. (Nasdaq: LIOX)
securities during the period between August 20, 1999 and December 6,
2000, inclusive.
The complaint charges the following defendants with 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:
(i) Lionbridge,
(ii) Prudential Securities Incorporated,
(iii) U.S. Bancorp Piper Jaffray Inc.,
(iv) Adams, Harkness & Hill, Inc.,
(v) Rory J. Cowan,
(vi) Stephen J. Lifshatz,
(vii) Guy L. de Chazal,
(viii) Marcia J. Hopper,
(ix) Stephen M. Jenks,
(x) Paul Kavanagh and
(xi) Claude P. Sheer.
For more information, contact: CAULEY GELLER BOWMAN & COATES, LLP
through its Client Relations Department: Jackie Addison, Sue Null or
Charlie Gastineau by Mail: P.O. Box 25438, Little Rock, AR 72221-5438
by Phone: 1-888-551-9944 or by E-mail: info@classlawyer.com
LIQUID AUDIO: Schiffrin & Barroway Begins Securities Suit In S.D. NY
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Schiffrin & Barroway, LLP filed a class action lawsuit in the United
States District Court for the Southern District of New York, on behalf
of all purchasers of the common stock of Liquid Audio, Inc. (Nasdaq:
LQID) from July 8, 1999 through December 6, 2000, inclusive.
The suit names as defendants the following executive officers and
directors of Liquid Audio:
(i) Gerald W. Kearby,
(ii) Gary J. Iwatani,
(iii) Philip R. Wiser,
(iv) Ann Winblad,
(v) Silvia Kessel,
(vi) Sanford R. Climan, and
(vii) Eric Robison.
For more information, contact: Schiffrin & Barroway, LLP through Marc
A. Topaz, Esq. or Stuart L. Berman, Esq. by Mail: Three Bala Plaza
East, Suite 400, Bala Cynwyd, PA 19004 by Phone: 1-888-299-7706 (toll
free) or 1-610-667-7706 or by E-mail: info@sbclasslaw.com
MARCONI PLC: Cohen Milstein Files Securities Suit In W.D. Pennsylvania
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Cohen, Milstein, Hausfeld & Toll, P.L.L.C. filed a class action in the
United States District Court for the Western District of Pennsylvania
against Marconi, PLC (Nasdaq: MONI) and three of its principal
officers, on behalf of purchasers of Marconi, PLC American Deposit
Receipts during the period between April 11, 2001 and July 4, 2001,
inclusive.
The complaint charges defendants the Company and three of its officers
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 it saw no need to change its guidance.
For more details, contact: Steven J. Toll, Esq. or Mary Ann Fink by
Mail: 1100 New York Avenue, N.W., Suite 500 - West Tower, Washington,
D.C. 20005 by Phone: +1-888-240-0775 or +1-202-408-4600 or by E-mail:
stoll@cmht.com, mfink@cmht.com
MCDATA CORPORATION: Cauley Geller Brings Securities Suit In S.D. NY
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Cauley Geller Bowman & Coates, LLP filed a class action in the United
States District Court for the Southern District of New York on behalf
of purchasers of McData Corporation (Nasdaq: MCDT) securities during
the period between August 9, 2000 and December 6, 2000, inclusive.
The complaint charges the following defendants with 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:
(i) McData,
(ii) Credit Suisse First Boston Corporation,
(iii) Merrill Lynch, Pierce Fenner & Smith Inc.,
(iv) Bear Stearns & Co., Inc.,
(v) FleetBoston Robertson Stephens,
(vi) John F. McDonnell and
(vii) Dee J. Perry
For more details, contact: CAULEY GELLER BOWMAN & COATES, LLP through
its Client Relations Department: Jackie Addison, Sue Null or Charlie
Gastineau by Mail: P.O. Box 25438, Little Rock, AR 72221-5438 by Phone:
1-888-551-9944 or by E-mail: info@classlawyer.com
NEOFORMA.COM: Cauley Geller Commences Securities Suit In S.D. New York
----------------------------------------------------------------------
Cauley Geller Bowman & Coates, LLP filed a class action in the United
States District Court for the Southern District of New York on behalf
of purchasers of Neoforma.com, Inc. (Nasdaq: NEOF) securities during
the period between January 24, 2000 and December 6, 2000, inclusive.
The complaint charges the following defendants with 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:
(i) Neoforma.com,
(ii) Merrill Lynch, Pierce Fenner & Smith Inc.,
(iii) Bear Stearns & Co.,
(iv) FleetBoston Robertson Stephens,
(v) Robert J. Zollars and
(vi) Frederick J. Ruegsegger
For more details, contact: CAULEY GELLER BOWMAN & COATES, LLP through
its Client Relations Department: Jackie Addison, Sue Null or Charlie
Gastineau by Mail: P.O. Box 25438, Little Rock, AR 72221-5438 by Phone:
1-888-551-9944 or by E-mail: info@classlawyer.com
NEXT LEVEL: Marc Henzel Commences Securities Suit In S.D. New York
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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 Next Level Communications,
Inc. (Nasdaq: NXTV - news) securities between November 9, 1999 to
December 6, 2000.
Named as defendants in the complaint are Next Level and Peter W.
Keeler, James T. Wandrey, and Richard C. Smith, who are executive
officers of Next Level.
The complaint also names as defendants the following underwriters of
Next Level's initial public offering: Credit Suisse First Boston
Corporation and Merrill Lynch & Co.
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 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
NOVARTIS PHARMACEUTICALS: Plaintiffs Voluntarily Drop Ritalin Suit
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Plaintiffs bringing class action litigation against Novartis
Pharmaceuticals Corporation, manufacturer of Ritalin (R)
(methylphenidate HCl), the American Psychiatric Association (APA) and
Children and Adults with Attention-Deficit/Hyperactivity Disorder
(CHADD) have notified the court that they are dismissing their case
against the defendants.
The lawsuit, filed in November 2000, claimed the defendants conspired
to promote the diagnosis of Attention-Deficit/Hyperactivity Disorder
(ADHD).
The plaintiffs alerted the court of their intent to dismiss on July 5.
Their decision follows dismissals by the courts in similar lawsuits
filed in California and Texas.
"We are extremely pleased with the plaintiffs' decision," said Novartis
General Counsel, Dorothy Watson.
"This action supports Novartis' position that this lawsuit and others
like it are an unmerited attempt to promote an agenda that contradicts
scientific and medical consensus," he said.
On May 18, a Texas judge dismissed a similar class action suit filed in
that state.
U. S. District Judge Hilda G. Tagle found that the plaintiffs in that
class action failed to state their claims of fraud and conspiracy with
sufficient particularity.
Additionally, she found that the plaintiffs' vague mentions of side
effects in their complaint failed to state a legal claim.
The plaintiffs had until June 20 to appeal the ruling but they did not
do so.
The first class action suit of this type was dismissed in California on
April 23.
U.S. District Judge Rudi Brewster dismissed the suit under California's
anti-SLAPP statute -- a statute designed to weed out of the court
system at their inception, lawsuits which are in reality political
actions designed to intimidate defendants from exercising their First
Amendment rights.
Judge Brewster dismissed the suit stating that the defendants' speech
is "protected under both the United States and California
Constitutions" and that plaintiffs "failed to state a cause of action."
In addition to dismissing the suit, the court also ordered that the
plaintiffs pay the legal fees for Novartis, APA and CHADD.
Similar suits have been filed in New Jersey and Puerto Rico.
The defendants have filed motions to dismiss those cases and rulings
are pending.
Contrary to the position advanced in the lawsuits, ADHD is a real and
serious disorder.
It is a well-established and valid diagnosis recognized by the leading
medical authorities in the U.S. including the American Medical
Association, American Psychiatric Association, American Academy of
Pediatrics, the U.S. Food and Drug Administration and the U.S. Surgeon
General.
Ritalin is a mild central nervous system stimulant that helps to
address the neurochemical problems underlying Attention-
Deficit/Hyperactivity Disorder (ADHD).
NPC INTERNATIONAL: Largest Pizza Hut Franchisee Inks Settlement Deal
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World's largest franchisee of Pizza Hut restaurants NPC International,
Inc. informed the Securities and Exchange Commission recently that it
has finally inked a memorandum of understanding to try to settle the
suits filed late last year by its shareholders.
According to the Company, the agreement is significant as the
settlement of the cases is a condition to the consummation of the
merger with Mergeco, Inc. worth over $95 million.
The memorandum signed by the parties last May 10 stipulated the
following:
(i) to attempt in good faith to settle all claims;
(ii) to pay fees and expenses of plaintiffs' counsel and experts of
$250,000 in the aggregate following plaintiffs' confirmatory
discovery, if any;
(iii) to execute and seek court approval of a definitive settlement
agreement and certain other terms and conditions without any
admission of any breach of fiduciary duty or other wrongdoing
on the part of any of the defendants.
The settlement agreement would become effective only if, among other
things, the merger is consummated, the Company said.
The shareholders suits were filed December last year in three separate
actions with the district courts of Kansas.
The plaintiffs alleged, among other things, that:
(1) the offer by Mr. O. Gene Bicknell, by and through Mergeco, to
purchase each outstanding share of NPC common stock for $11.40
in cash without interest was grossly unfair to NPC's public
stockholders,
(2) the directors of NPC breached their fiduciary duties to the
NPC stockholders, and
(3) the offer was advanced through unfair procedures.
Bicknell is Chairman of the board of directors and Chief Executive
Officer of NPC, the Bicknell Family Foundation, and the Bicknell Family
Holding Company, L.P., which are the current stockholders of Mergeco.
NPC International has nearly 840 red-roofed restaurants and delivery
kitchens in more than 25 states. Its slice of the pizza-peddling pie
accounts for about 18% of the Pizza Hut franchises and 12% of the
entire Pizza Hut system.
Bicknell owns about 66 percent of the company and wants to buy the
remaining shares to take the company private.
OMNISKY CORPORATION: Schiffrin & Barroway Begins Suit In S.D. New York
----------------------------------------------------------------------
Schiffrin & Barroway, LLP filed a class action lawsuit in the United
States District Court for the Southern District of New York, on behalf
of all purchasers of the common stock of OmniSky Corp. (Nasdaq: OMNY)
from September 25, 2000 through December 6, 2000, inclusive against.
The suit names as defendants OmniSky, Patrick S. McVeigh, Lawrence S.
Winkler and Michael J. Malesardi.
The complaint also names as defendants the following underwriters of
OmniSky's initial public offering:
(i) Credit Suisse First Boston Corporation,
(ii) Chase Securities, Inc.,
(iii) Donaldson, Lufkin & Jenrette Securities Corporation and
(iv) Salomon Smith Barney, Inc.
For further details, contact: Schiffrin & Barroway, LLP through Marc A.
Topaz, Esq. or Stuart L. Berman, Esq. by Mail: Three Bala Plaza East,
Suite 400, Bala Cynwyd, PA 19004 by Phone: 1-888-299-7706 (toll free)
or 1-610-667-7706 or by E-mail: info@sbclasslaw.com
OPEN MARKET: Software Maker's Motion to Dismiss Still Undecided
---------------------------------------------------------------
E-shopping software maker Open Market, Inc. disclosed in a regulatory
report to the Securities and Exchange Commission that it has filed last
May a motion to dismiss a securities suit filed by its shareholders.
The motion remains undecided, the Company said in the report.
The suits, which was originally filed in separate cases but have since
been consolidated, was brought by the Company's stockholders who
purchased securities between November 8, 1999 and April 18, 2000.
The complaints charge several of the Company's officers and directors
with violations of Sections 10(b) and 20(a) of the Securities Exchange
Act of 1934 and Rule 10b-5 promulgated under this Act.
PSS WORLD: Kaplan Fox Brings Securities Suit In M.D. Florida
------------------------------------------------------------
Kaplan Fox filed a class action against PSS World Medical, Inc
(NASDAQ:PSSI) and certain of the Company's officers and directors in
the United States District Court for the Middle District of Florida.
The suit is brought on behalf of all persons or entities who purchased
the common stock of PSS World Medical, Inc. between October 26, 1999
through October 3, 2000 inclusive.
The complaint charges PSSI and certain of its officers and directors
with violations of the Securities Exchange Act of 1934.
For further details, contact: Frederic S. Fox, Esq. or Janine R.
Azriliant, Esq. by Mail: 805 Third Avenue, 22nd Floor, New York, NY
10022 by Phone: (800) 290-1952 or (212) 687-1980 by Fax: (212) 687-7714
or by E-mail: mail@kaplanfox.com
SIPEX CORPORATION: Cauley Geller Files Massachusetts Securities Suit
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Cauley Geller Bowman & Coates, LLP filed a class action in the United
States District Court for the District of Massachusetts on behalf of
purchasers of Sipex Corp. (Nasdaq: SIPX) common stock during the period
between July 20, 2000 and January 11, 2001, inclusive.
The complaint charges Sipex and certain of its officers and directors
with violating the federal securities laws by issuing a series of
material misrepresentations to the market during the Class Period,
thereby artificially inflating the price of Sipex securities.
For further details, contact: CAULEY GELLER BOWMAN & COATES, LLP
through its Client Relations Department: Jackie Addison, Sue Null or
Charlie Gastineau by Mail: P.O. Box 25438, Little Rock, AR 72221-5438
by Phone: 1-888-551-9944 (toll free) or by E-mail: info@classlawyer.com
SUPERVALU: Court Allows Age Discrimination Suit Members Notification
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A federal judge's ruling issued late Friday means that additional
former employees of Supervalu could become part of a lawsuit charging
that Supervalu fired workers based on age.
U.S. District Judge Paul Magnuson denied Supervalu's appeal and ordered
that Supervalu "immediately comply with" the order issued earlier by
Magistrate Judge Lebedoff requiring Supervalu, the Minnesota-based
grocery wholesaler and retailer, to provide the names and last-known
addresses of more than 100 employees who lost their jobs in corporate
restructurings beginning in 1998.
Five former Supervalu employees, including the director of electronic
communications, a product buyer and senior project manager, originally
filed suit against Supervalu in June 2000, charging that they were
fired from their jobs based on their ages.
They were ages 51 to 57 when dismissed and had worked at Supervalu's
Eden Prairie headquarters or in the Preferred Products, Inc. business
unit, also based in Minneapolis.
The lawsuit charges that under corporate restructurings, beginning with
Supervalu's "Advantage" program, Supervalu terminated employees based
on their ages, in violation of the federal Age Discrimination in
Employment Act and the Minnesota Human Rights Act.
The former employees allege that Supervalu's upper management carried
out a plan to remove older employees from the workplace and then
promoted or hired younger employees to replace them.
The court's ruling permits notification of the pending class action
suit to be sent to all persons who were employees at Supervalu's
headquarters or in its PPI business unit on or after April 3, 1998, and
who were age 40 or older when "terminated, forced to resign or retire
or demoted."
TERRA NETWORKS: Schiffrin & Barroway Begins Securities Suit In S.D. NY
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Schiffrin & Barroway, LLP filed a class action lawsuit in the United
States District Court for the Southern District of New York, on behalf
of all purchasers of the common stock of Terra Networks, S.A. (Nasdaq:
TRLY) from November 15, 1999 through December 6, 2000, inclusive.
The suit names 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.
For further details, contact: Schiffrin & Barroway, LLP through Marc A.
Topaz, Esq. or Stuart L. Berman, Esq. by Mail: Three Bala Plaza East,
Suite 400, Bala Cynwyd, PA 19004 by Phone: 1-888-299-7706 (toll free)
or 1-610-667-7706 or by E-mail: info@sbclasslaw.com
TRANSMETA CORPORATION: Berman DeValerio Files Suit In N.D. California
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A shareholder sued Transmeta Corporation (Nasdaq: TMTA) Monday claiming
that the company misled investors about its main product, the law firm
of Berman DeValerio Pease Tabacco Burt & Pucillo said.
The lawsuit was filed in the United States District Court for the
Northern District of California as and is pending before Chief
Magistrate Judge Patricia V. Trumbull.
It seeks damages for violations of federal securities laws on behalf of
all investors who bought Transmeta stock between November 7, 2000 and
June 20, 2001.
For more details, contact: Berman DeValerio Pease Tabacco Burt &
Pucillo through Leslie R. Stern, Esq., Quadir Wahid or Jeffrey C.
Block, Esq. by Mail: One Liberty Square, Boston, MA 02109 by Phone:
(800) 516-9926 by E-mail: law@bermanesq.com or visit the firm's
Website: www.bermanesq.com
UNDERWRITERS LITIGATION: Milberg Weiss Sues Underwriters Of WebMD IPO
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Milberg Weiss Bershad Hynes & Lerach LLP filed Monday a class action
lawsuit on behalf of purchasers of the securities of WebMD Corporation,
formerly known as Healtheon Corporation, (NASDAQ: HLTH) between
February 10, 1999 and December 6, 2000, inclusive.
The action is pending in the United States District Court for the
Southern District of New York against defendants Goldman Sachs & Co.
and Morgan Stanley & Co., Incorporated.
The complaint alleges violations of 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: WebMDcase@milbergNY.com or visit the
firm's Website: www.milberg.com
UNISYS CORPORATION: Inks Agreement With Securities Suit Plaintiffs
------------------------------------------------------------------
World-renowned computer server manufacturer Unisys Corporation
announced recently it has reached a settlement pact with the plaintiffs
of a consolidated securities suit pending in Pennsylvania.
Terms of the deal where not disclosed by the Company save for the fact
that it is still subject to court approval.
According to an April 2000 issue of the Class Action Reporter, the
consolidated suit was brought by persons who acquired the Company's
common stock during the period May 4, 1999 through October 14, 1999.
They allege violations of Federal securities laws in connection with
statements made by the Company concerning certain of its services
contracts.
The suit is pending in the U.S. District Court for the Eastern District
of Pennsylvania.
WEBVAN GROUP: Cauley Geller Commences Securities Suit In S.D. New York
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Cauley Geller Bowman & Coates, LLP filed a class action in the United
States District Court for the Southern District of New York on behalf
of purchasers of Webvan Group, Inc. (OTC Bulletin Board: WBVN)
securities during the period between November 4, 1999 and December 6,
2000, inclusive.
The complaint charges the following defendants with 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:
(i) Goldman Sachs & Co.,
(ii) Merrill Lynch, Pierce, Fenner & Smith Incorporated,
(iii) BancBoston Robertson Stephens, Inc.,
(iv) Bear Stearns & Co.,
(v) Salomon Smith Barney,
(vi) George T. Shaheen,
(vii) Kevin R. Czinger and
(viii) Louis H. Borders
For more information, contact: CAULEY GELLER BOWMAN & COATES, LLP
through its Client Relations Department: Jackie Addison, Sue Null or
Charlie Gastineau by Mail: P.O. Box 25438, Little Rock, AR 72221-5438
by Phone: 1-888-551-9944 or by E-mail: info@classlawyer.com
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Copyright 2001. All rights reserved. ISSN 1525-2272.
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