/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/010726.mbx C L A S S A C T I O N R E P O R T E R Thursday, July 26 2001, Vol. 3, No. 145 Headlines BANK OF AMERICA: Disability Rights Group Sues Over Policy Limitation BELLSOUTH CORPORATION: Sued In Florida For Misrepresenting Net Service BROCADE COMMUNICATIONS: Milberg Weiss Sues IPO Underwriters In S.D. NY CLARENT CORPORATION: Wolf Haldenstein Begins S.D. NY Securities Suit CRITICAL PATH: Milberg Weiss Files Securities Suit In S.D. New York ETHICON INC.: Contaminated Suture Suit Trial Begins In Texas EXTREME NETWORKS: Stull Stull Begins Securities Suit In S.D. New York FILM REVIEW LITIGATION: CA Lawyer Sues Over Misleading Critiques GENERAL SEMICONDUCTOR: Securities Suit In Illinois Moved To E.D. PA HEALTHCARE LITIGATION: Miami Suit Could Involve 50 Million People IBASIS INC.: Milberg Weiss Files Suit v. IPO Underwriter In S.D. NY ICG COMMUNICATIONS: Colorado Suits Stayed Pending Bankruptcy Filing ICG COMMUNICATIONS: Announces Settlement Of Subsidiary's Suit In Texas INDIANA UNIVERSITY: Suit Over Firing Knight Moves Closer To Trial INTERNAP NETWORK: Stull Stull Begins Securities Suit In S.D. New York JAPAN: Washington D.C. Court To Rule On "Comfort Women" Suit Aug. 1 MERRILL LYNCH: Motion To Dismiss Putative Suit In M.D. FL Undecided MERRILL LYNCH: Oral Arguments On Second Suit Scheduled For August 13 PALM INC.: Lovell and Sirota Law Firms File Suit In S.D. New York PSS WORLD: Schiffrin & Barroway Files Securities Suit In M.D. Florida SCIENTIFIC-ATLANTA: Milberg Weiss Files N.D. Georgia Securities Suit US AGGREGATES: Will Mount Strong Defense Against CA Securities Suit U.S. WIRELESS: Stull Stull Brings Securities Suit In N.D. California VALUE AMERICA: Wolf Haldenstein Commences Securities Suit In S.D. NY WEBMD CORPORATION: Cauley Geller Sues IPO Underwriters In S.D. NY ********* BANK OF AMERICA: Disability Rights Group Sues Over Policy Limitation -------------------------------------------------------------------- Californians for Disability Rights, a non-profit disability organization, filed Tuesday a statewide lawsuit against Bank of America and Provident Insurance for fraudulent unfair business practices and discrimination against people with disabilities. The suit grows out of a recent mailing to 3.8 million checking account customers by Bank of America. In the mass mailing, Bank of America offered term life insurance through Provident Insurance Company to those willing to sign a fine print "Good Health Statement." However, according to Disability Rights Advocates and Mark A. Chavez, attorneys for the disabled consumers, the sweeping breadth and arbitrary nature of this exclusionary provision prevents nearly all people with disabilities from participating in the insurance program. To be eligible for coverage, customers must verify to Bank of America and Provident that they have not been diagnosed or treated by a physician within the past five years for any impairment or disease of the following: (1) heart or circulatory system, (2) lungs or respiratory system, (3) stomach or digestive system, (4) liver or kidneys, (5) brain or nervous system, or for (6) cancer or any malignant disease, (7) Acquired Immune Deficiency Syndrome or any AIDS-related disease, (8) HIV virus or (9) diabetes. California's Insurance Code prohibits insurance companies from refusing to insure a person because of a physical or mental impairment unless the decision is based on actuarial principles or other hard data. Californians for Disability Rights contends that this limitation violates the Business and Professions Code, the Insurance Code and California's civil rights laws because it denies countless persons with disabilities the opportunity to enroll in this life insurance with no evidence that the exclusionary conditions have a negative effect on life expectancy. The lawsuit also alleges that the fine print "Good Health Statement" misleads Bank of America's customers and the general public. The inability to obtain the financial security provided by life insurance is a major problem for people with disabilities. As the California Attorney General wrote last year in a "friend of the court" brief in support of a federal suit seeking equal access to insurance for disabled men and women, "People with disabilities face widespread discrimination throughout the insurance industry." In the same suit, the United States District Court for the Northern District of California remarked, "Non-discriminatory access to insurance for disabled persons is important because it provides a non- employment-based route to healthcare and investment." The named Plaintiff, Californians for Disability Rights, initiated this private attorney general action on behalf of the general public. For more information, contact: Disability Rights Advocates through Sidney Wolinsky by Phone: 510/451-8644 by E-mail: general@dralegal.org or contact: Chavez & Gertler, LLP through Mark A. Chavez by Phone: 415/381-5599 or E-mail: mark@chavezgertler.com BELLSOUTH CORPORATION: Sued In Florida For Misrepresenting Net Service ---------------------------------------------------------------------- Hackney & Miller, LLP filed recently a class action suit against BellSouth Corp. and BellSouth Telecommunications Inc. for misrepresenting its fast-access DSL Internet service to customers from June 30, 1999 to December 31, 2000, a Sun-Sentinel report said. According to the suit, many customers experienced significant Internet disruptions and long delays in obtaining technical service, contrary to the Company's claim. Only one BellSouth customer was named in the suit, but the law firm said many other BellSouth DSL clients have already signified their interest in joining the suit. The suit is pending in Palm Beach County Circuit Court in Florida, the Sun-Sentinel said. BellSouth had 303,000 DSL customers in its nine-state service area at the end of the first quarter, and aims to sign up 600,000 by the end of this year. BROCADE COMMUNICATIONS: Milberg Weiss Sues IPO Underwriters In S.D. NY ---------------------------------------------------------------------- Milberg Weiss Bershad Hynes & Lerach LLP filed Tuesday a class action lawsuit on behalf of purchasers of the securities of Brocade Communications Systems, Inc. (NASDAQ: BRCD) between May 24, 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 Morgan Stanley & Co., Incorporated and BancBoston Robertson Stephens, Inc. The complaint alleges violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. For further 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 E-mail: Brocadecase@milbergNY.com or visit the firm's Website: www.milberg.com CLARENT CORPORATION: Wolf Haldenstein Begins S.D. NY Securities Suit -------------------------------------------------------------------- Wolf Haldenstein Adler Freeman & Herz LLP filed a class action lawsuit in the United States District Court for the Southern District of New York, on behalf of purchasers of Clarent Corporation (Nasdaq: CLRN) between July 1, 1999 and December 6, 2000, inclusive. The suit names the following as defendants: Clarent, certain of its officers and directors, and its underwriters. The complaint alleges that defendants violated the federal securities laws by issuing and selling Clarent common stock pursuant to the July 1, 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 details, contact: Wolf Haldenstein Adler Freeman & Herz LLP by Mail: 270 Madison Avenue, New York, New York 10016 by Phone: (800) 575- 0735 (Fred Taylor Isquith, Esq., Gregory Nespole, Esq., Thomas Burt, Esq., Gustavo Bruckner, Esq., or George Peters) by E-mail: classmember@whafh.com or visit the firm's Website: www.whafh.com CRITICAL PATH: Milberg Weiss Files Securities Suit In S.D. New York ------------------------------------------------------------------- Milberg Weiss Bershad Hynes & Lerach LLP filed Tuesday a class action lawsuit on behalf of purchasers of the securities of Critical Path, Inc. (NASDAQ: CPTH) between March 29, 1999 and December 6, 2000, inclusive. The action is pending in the United States District Court, Southern District of New York against defendants Critical Path, BancBoston Robertson Stephens, Inc., Morgan Stanley & Co., Incorporated, Douglas T. Hickey and David A. Thatcher. 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: CriticalPathcase@milbergNY.com or visit the firm's Website: www.milberg.com ETHICON INC.: Contaminated Suture Suit Trial Begins In Texas ------------------------------------------------------------ The trial of a class action suit filed by patients who developed infections after undergoing surgery using contaminated sutures started this week, the website of CBS 11 TV reported recently. According to the report, plaintiffs painted Ethicon Inc. last Monday as a suture giant that distributes potentially contaminated sutures all over the United States. Plaintiffs' lawyers brought to court seven individuals who they say suffered raging infections following surgeries. Members of the class in the suit are estimated to number thousands of patients who had surgery from January 1, 1994 to December 31, 1999 and had doctors who used sutures made by the Company, a division of Johnson & Johnson. Sterilization experts have so far testified that there has been a trail of problems traceable to the sutures manufactured at the San Angelo, Texas plant of the Company. In September 1994, the Company recalled 3.5 million of such sutures from the Texas plant. "It is the little guy who suffers if the case is not certified. It's Ethicon, the big company, Johnson and Johnson that wins if it is not certified," a Plaintiffs' lawyer argued. EXTREME NETWORKS: Stull Stull Begins Securities Suit In S.D. New York --------------------------------------------------------------------- Stull, Stull & Brody filed early this week a class action lawsuit in the United States District Court for the Southern District of New York, on behalf of purchasers of Extreme Networks Inc. (NASDAQ:EXTR) common stock between April 8, 1999 and July 6, 2001, inclusive. The complaint alleges that defendants violated the federal securities laws by issuing and selling Extreme Networks common stock pursuant to the April 8, 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 additional 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 FILM REVIEW LITIGATION: CA Lawyer Sues Over Misleading Critiques ---------------------------------------------------------------- MGM, Warner Brothers and all other major Hollywood film companies are facing a class action suit filed in California over misleading film reviews, The Guardian reported recently. Lawyer Tony Sonnet and his friends filed the case seeking damages over fraudulent inducement, unfair and deceptive business practices and false and misleading advertising. The group alleges that "the defendants have engaged and continue to engage in the practice of providing motion picture merchandise free of charge to reviewers participating in film screenings and 'press junkets' to interview, including but not limited to: T-shirts, hats, coffee mugs, books, photographs and mouse pads." Sonnet claims that he has already received several e-mails from individuals who have been alerted by the action. He said one such e-mail complained about the nice reviews for "Dude, Where's My Car?" with a plea of "dude, where's my money back?" The Guardian said the suit is unlikely to come to trial for at least another year. The suit is pending in the Los Angeles Superior Court. GENERAL SEMICONDUCTOR: Securities Suit In Illinois Moved To E.D. PA ------------------------------------------------------------------- General Semiconductor, Inc. informed the Securities and Exchange Commission in a recent report that the securities class action previously pending in Illinois has been transferred to Pennsylvania. The Company said trial of the case entitled In Re General Instrument Corporation Securities Litigation would now be held in the U.S. District Court for the Eastern District of Pennsylvania. The suit was filed in 1995 in separate actions that have since been consolidated representing a class of a class of purchasers of GI Common Stock during the period March 21, 1995 through October 18, 1995. It alleges that GI and certain of its officers and directors, as well as Forstmann Little & Co. and certain related entities, violated federal securities laws, namely, Sections 10(b) and 20(a) of the Exchange Act, by allegedly making false and misleading statements and failing to disclose material facts about GI's financial condition. General Semiconductor is a leader in the design, manufacture and distribution of semiconductors serving the power management market. The Company provides customers with a broad array of products including rectifiers, transient voltage suppressors, small-signal transistors, diodes, MOSFETs and Analog ICs. HEALTHCARE LITIGATION: Miami Suit Could Involve 50 Million People ----------------------------------------------------------------- More than 50 million individuals could be involved in a suit filed against health management companies should it be granted class status by a Miami judge, the Reuters News Agency reported recently. In a hearing last Tuesday attended by at least 100 lawyers, U.S. Judge Federico Moreno explored the possibility of granting class status to the suits against Aetna Inc., CIGNA Corp, Prudential Insurance, UnitedHealth Group Inc and Humana Inc. But lawyers for the management care companies argued that the plaintiffs have no common claims to be lumped into a single action. "You would have dozens and hundreds of groups," said an attorney for UnitedHealth Group, who cited that his client alone had 29 separate plans, many with their own sets of rules and regulations, in the United States. "But you could do it?" Moreno asked, referring to the consolidation of the suit into groups or classes or plaintiffs. The plaintiffs claim that the health management companies committed fraud by failing to tell customers they offered secret bonuses to doctors to deny certain types of health care to patients in favor of less costly diagnostic tests or treatments. The judge has not indicated when he will make the critical class action ruling. IBASIS INC.: Milberg Weiss Files Suit v. IPO Underwriter In S.D. NY ------------------------------------------------------------------- Milberg Weiss Bershad Hynes & Lerach LLP filed Tuesday a class action lawsuit on behalf of purchasers of the securities of iBasis, Inc. (NASDAQ: IBAS) between November 9, 1999 and December 6, 2000, inclusive. The complaint alleges violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. The action is pending in the United States District Court for the Southern District of New York against defendant BancBoston Robertson Stephens, Inc. 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: iBasiscase@milbergNY.com or visit the firm's Website: www.milberg.com ICG COMMUNICATIONS: Colorado Suits Stayed Pending Bankruptcy Filing ------------------------------------------------------------------- ICG Communications, Inc. disclosed recently in a regulatory filing that the securities class actions pending in Colorado have been stayed momentarily pending resolution of the Company's filing for bankruptcy. The Company, however, said it has already retained a legal counsel to prepare a vigorous defense on the lawsuits when the stay is lifted. During the third and fourth quarters of 2000, the Company was served with fourteen lawsuits filed by various shareholders in the federal district court for the District of Colorado. All of the suits name as defendants the Company, the Company's former Chief Executive Officer, J. Shelby Bryan, and the Company's former President, John Kane. Additionally, one of the complaints names the Company's former President, William S. Beans, Jr., as a defendant. All of the complaints seek unspecified damages for alleged violations of Rules 10(b) and 20(a) of the Securities Exchange Act of 1934. They also seek class action certification for similarly situated shareholders. It is anticipated that the lawsuits will be consolidated and that the Court will choose a lead plaintiffs' counsel, the Company said in its SEC report. ICG provides voice, data and Internet communication services. ICG COMMUNICATIONS: Announces Settlement Of Subsidiary's Suit In Texas ---------------------------------------------------------------------- ICG Communications announced recently that it has reached a settlement with its shareholders who filed in 1997 a purported class action in Texas. Terms of the settlement were not disclosed save for the Company's claim that it did not have a material impact on its consolidated financial statement. The suit was filed in the District Court of Harris County, Texas by shareholders of Zycom Corporation, a subsidiary of the Company whose service has now been discontinued. The plaintiffs alleged that the Company and certain of its subsidiaries breached certain fiduciary duties owed to the plaintiffs. INDIANA UNIVERSITY: Suit Over Firing Knight Moves Closer To Trial ----------------------------------------------------------------- A class action lawsuit filed against Indiana University over the firing of basketball coach Bob Knight last September may well proceed to trial, the Spokesman-Review reported recently. In a latest step towards a possible trial, special Judge Cecile Blau denied a motion for summary judgment by the university on the issue that its board of directors violated state open meetings law before firing Knight. This move bars any form of settlement on the matter and necessitates a trial. A trial date has yet to be set. A group of 46 university alumni and fans brought the suit alleging that the meetings between university president Myles Brand and separate groups of four trustees before Knight was fired constituted public meetings, as defined by state law. The university, therefore, should have given 48-hour notice to interested parties, the group claims. Plaintiffs' lawyer said the firing of the hall of famer coach by Brand without proper trustee approval is a cause for concern for faculty members. "If you have a job at IU and you're a tenured professor, all you've got to do is get a letter from Myles Brand and you're fired," the lawyer said "I don't think the professors at IU are aware of this," he said. INTERNAP NETWORK: Stull Stull Begins Securities Suit In S.D. New York --------------------------------------------------------------------- Stull, Stull & Brody filed Tuesday a class action lawsuit in the United States District Court for the Southern District of New York, on behalf of purchasers of InterNAP (NASDAQ:INAP) common stock between September 29, 1999 and July 3, 2001, inclusive. The complaint alleges that defendants violated the federal securities laws by issuing and selling InterNAP common stock pursuant to the September 29, 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 details, 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 JAPAN: Washington D.C. Court To Rule On "Comfort Women" Suit Aug. 1 ------------------------------------------------------------------- All eyes will be on the U.S. District Court in Washington D.C. on August 1 as it decides whether to hear or dismiss a class action filed by former "comfort women" against the government of Japan. At this very moment, nobody knows what the decision will be as the U.S. government recommended last April the dismissal of the suit citing that Japan is entitled to sovereign immunity; hence the United States has no jurisdiction over the case. But the 15 women, six South Koreans, four Chinese, four Filipinos and one Taiwanese, filed the suit based on a U.S. federal law that allows foreigners the right to sue other foreign citizens and entities for violations of international law. They are demanding compensation and an apology from Japan. It is believed that as many as 200,000 Korean, Filipino and Chinese women were forced to work in Japanese military brothels before and during World War II. MERRILL LYNCH: Motion To Dismiss Putative Suit In M.D. FL Undecided ------------------------------------------------------------------- Merrill Lynch Fundamental Growth Fund, Inc. informed the Securities and Exchange Commission that a motion to dismiss a putative suit in Florida is still undecided. The suit has been pending in the U.S. District Court for the Middle District of Florida since November 2000. Filed on behalf of investors, the suit names the Company, Merrill Lynch Investment Managers, L.P. and certain present and former individual Board Members of both companies. The plaintiffs, who are trustees of and participants in certain profit sharing plans, purport to assert claims against the defendants on their own behalf and on behalf of the plans, the plans' participants and all similarly situated shareholders of Growth Fund who invested in Florida. The alleged class consists of "all persons and entities who purchased or sold the Growth Fund in Florida through Merrill Lynch, or any related entity . . . at any time from November 1, 1997, up through and including April 30, 1999," the Company's SEC report said. The lawsuit involves two claims based on the Florida Securities and Investor Protection Act and the Florida Deceptive and Unfair Trade Practices Act, respectively. The substance of both claims is that Growth Fund and the other defendants misrepresented and omitted material facts regarding the "true nature of the Fund and its holdings." The Company said it would mount a vigorous defense on the matter. MERRILL LYNCH: Oral Arguments On Second Suit Scheduled For August 13 -------------------------------------------------------------------- Oral arguments have been scheduled for August 13 on a second suit filed against Merrill Lynch Fundamental Growth Fund, Inc. in Florida. The suit, which is identical to the above suit and pending in the same court for the Middle District of Florida, has been removed under the Securities Litigation Uniform Standards Act to federal court. Plaintiffs have made a motion to remand this action to state court, which defendants have opposed. It is this matter that will be argued in court during the scheduled hearing. The Company and the other defendants also believe that this second lawsuit is without merit and have moved to have the complaint dismissed. PALM INC.: Lovell and Sirota Law Firms File Suit In S.D. New York ----------------------------------------------------------------- The law firms of Lovell & Stewart, LLP and Sirota & Sirota, LLP filed Tuesday a class action lawsuit on behalf of all persons and entities who purchased, converted, exchanged or otherwise acquired the common stock of Palm, Inc. (NasdaqNM:PALM) between March 1, 2000 and July 23, 2001, inclusive. The lawsuit asserts claims under Section 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. The action, Pfeiffer v. Palm, Inc., et al., is pending in the U.S. District Court for the Southern District of New York and has been assigned to the Hon. Jed S. Rakoff, U.S. District Judge. The complaint alleges that Palm, Inc., Carl J. Yankowski, its Chief Executive Officer, Alan J. Kessler, its former President, and Judy Brumer, its CFO at the time of its IPO, violated the federal securities laws by issuing and selling Palm common stock pursuant to the initial public offering without disclosing to investors that four of the lead underwriters and one of the other underwriters of the IPO had solicited and received excessive and undisclosed commissions from certain investors. For more details, contact: Lovell & Stewart, LLP through Christopher Lovell, Victor E. Stewart or Christopher J. Gray by Phone: (212) 608- 1900 or by E-mail: sklovell@aol.com or contact: Sirota & Sirota, LLP through Howard B. Sirota or Saul Roffe by Phone: (212) 425-9055 or by E-mail: info@sirotalaw.com PSS WORLD: Schiffrin & Barroway Files Securities Suit In M.D. Florida --------------------------------------------------------------------- Schiffrin & Barroway, LLP filed a class action lawsuit in the United States District Court for the Middle District of Florida, Jacksonville Division, on behalf of all purchasers of the common stock of PSS World Medical, Inc. (Nasdaq: PSSI) from October 26, 1999 through September 1, 2000, inclusive. The complaint charges PSSI and certain of its officers and directors with issuing false and misleading statements concerning its business and financial condition. For additional 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 SCIENTIFIC-ATLANTA: Milberg Weiss Files N.D. Georgia Securities Suit -------------------------------------------------------------------- Milberg Weiss Bershad Hynes & Lerach LLP filed early this week a class action lawsuit on behalf of purchasers of the securities of Scientific- Atlanta, Incorporated (NYSE:SFA) between April 19, 2001 and July 19, 2001, inclusive. The action is pending in the United States District Court, Northern District of Georgia, Atlanta Division against defendants Scientific- Atlanta, Wallace G. Haislip and James F. McDonald. The Complaint alleges that defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder. For further 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: scientificatlantacase@milbergNY.com or visit the firm's Website: www.milberg.com US AGGREGATES: Will Mount Strong Defense Against CA Securities Suit ------------------------------------------------------------------- U.S. Aggregates, Inc. informed the Securities and Exchange Commission that it would mount a vigorous defense against a securities suit currently pending in California. The company was charged in May with securities violations in the U.S. District Court for the Northern District of California. In an article appearing in the Class Action Reporter earlier this year, only the law firm of Marc Henzel has brought a suit so far seeking damages and other relief from the Company. According to the report, the law firm filed the suit on behalf of the purchasers of the Company's publicly traded securities during the period between April 25, 2000 and April 2, 2001. The Company produces sand, crushed stone, and gravel from more than 25 aggregate production sites that serve markets located in nine southeastern, mountain, and western states. It also provides related materials like asphalt, ready-mix concrete and services for public highway and infrastructure construction, as well as commercial and residential construction. The Company boasts of an estimated aggregate reserve of about 1.3 billion tons, representing a 20-year supply. U.S. WIRELESS: Stull Stull Brings Securities Suit In N.D. California -------------------------------------------------------------------- Stull, Stull & Brody filed a class action complaint on behalf of all persons who acquired U.S. Wireless Corp. (NASDAQ:USWC, USWCE) securities between June 29, 1999 and May 25, 2001, inclusive. The complaint charges U.S. Wireless Corp and its then-CEO with violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. For further details, contact: Patrice L. Bishop, Esq. by Phone: 888/388-4605 or by E-mail: pbishop@secfraud.com VALUE AMERICA: Wolf Haldenstein Commences Securities Suit In S.D. NY -------------------------------------------------------------------- Wolf Haldenstein Adler Freeman & Herz LLP filed a class action lawsuit in the United States District Court for the Southern District of New York, on behalf of purchasers of Value America, Inc. (Nasdaq: VUSQE) securities between April 8, 1999 and December 6, 2000, inclusive. The suit was filed against certain officers, directors and underwriters of Value America. Value America has sought protection of the federal bankruptcy laws and has therefore not been named as a defendant in this action. The complaint alleges that defendants violated the federal securities laws by issuing and selling Value America common stock pursuant to the April 8, 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 details, contact: Wolf Haldenstein Adler Freeman & Herz LLP by Mail: 270 Madison Avenue, New York, New York 10016 by Phone: (800) 575- 0735 (Fred Taylor Isquith, Esq., Gregory Nespole, Esq., Thomas Burt, Esq., Gustavo Bruckner, Esq., or George Peters) by E-mail: classmember@whafh.com or visit the firm's Website: www.whafh.com WEBMD CORPORATION: Cauley Geller Sues IPO Underwriters 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 WebMD Corporation (Nasdaq: HLTH), formerly known as Healtheon Corporation securities during the period between February 10, 1999 and December 6, 2000, inclusive. The complaint charges the following defendants with violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder: (i) Goldman Sachs & Co., and (ii) Morgan Stanley & Co., Incorporated 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 ********* 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 * * *