/raid1/www/Hosts/bankrupt/CAR_Public/040128.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, January 28, 2004, Vol. 6, No. 19
Headlines
AIRLINE COMPANIES: Starting Disclosure Policy Changes Amid Suits
ARCHON CORPORATION: Court Starts Review of Certification Denial
ARNOLD FOODS: Recalls Potato Bread For Undeclared Dairy & Soy
CHAMPION HOME: NC Appeals Court Reverses Dismissal of Fraud Suit
CURIOSITY KITS: Recalls Pottery Wheel Kits For Bacteria Content
DAIMLERCHRYSLER AG: Investor Seeks Payment of Litigation Costs
DEUTSCHE BANK: Refuses To Comment On Scudder Mutual Funds Suit
ELECTRONIC FIRMS: U.S. Court Allows German Soldiers' Cancer Suit
FEN-PHEN LITIGATION: Lawyers Say Trust Fund Faces Bogus Claims
GENERAL MOTORS: Second 'Piston-Slap' Engine Defect Suit Filed
GMAC FINANCIAL: IL Court Upholds Refusal to Transfer Fraud Suit
INDIANA: ICLU Files Suit Demanding Education For Jailed Youth
MARKET AMERICA: NC Court Upholds Securities Lawsuit Dismissal
MARTHA STEWART: Prosecutors Concerned About Jury Objectivity
MARYLAND: Homeless Advocacy Group Sues Due to Funding Freeze
MICROSOFT CORPORATION: Judge Satisfied With Antitrust Settlement
PENNSYLVANIA: Second Doctor Sues Hospital Over PAP Smear Tests
PHILADELPHIA: Welders File Suit V. Companies Over Welding Fumes
PILGRIM BAXTER: Ohio Pension Seeks Lead Plaintiff Status In Suit
RJ REYNOLDS: High Court Dismisses Challenge to FL Suit Judgment
ROYAL DUTCH/ SHELL: Faces Investor Suit Over Reserves Downgrade
SLAVERY LITIGATION: Judge Dismisses IL Slave Reparations Lawsuit
SPECIALIST FIRMS: May Face Civil Charges Over Improper Trading
TERRORIST ATTACK: Final WTC Victim Count 2,749, Say NY Officials
TOBACCO LITIGATION: Court Refuses Dismissal Of DOJ Consumer Suit
TV AZTECA: Faces Several Suits In NY Court For Insider Trading
UNITED STATES: Judge Says Immigrants Wrongfully Denied Amnesty
UNITED STATES: Firm Files Suit Attempting To Block Acquisition
WAL-MART STORES: Judge Denies Certification For Overtime Lawsuit
WESTERBEKE CORPORATION: Reaches Settlement for DE Investors Suit
Meetings, Conferences & Seminars
* Scheduled Events for Class Action Professionals
* Online Teleconferences
New Securities Fraud Cases
ADVANCED MARKETING: Brodsky & Smith Lodges Securities Suit in CA
ALAMOSA HOLDINGS: Milberg Weiss Files Securities Suit in N.D. TX
ALAMOSA HOLDINGS: Goodkind Labaton Files Securities Suit in TX
BIOPURE CORPORATION: Emerson Poynter Files Securities Suit in MA
BIOPURE CORPORATION: Rabin Murray Launches Securities Suit in MA
CAREER EDUCATION: Lasky & Rifkind Lodges Securities IL Lawsuit
DEUTSCHE BANK: Schiffrin & Barroway Files Securities Suit in NY
DYNACQ HEALTHCARE: Kirby McInerney Files Securities Suit in TX
DYNACQ HEALTHCARE: Emerson Poynter Lodges Securities Suit in TX
DYNACQ HEALTHCARE: Schatz & Nobel Lodges Securities Suit in TX
EDWARD D. JONES: Stanley Mandel Lodges Securities Lawsuit in MO
MARSH & MCLENNAN: Kaplan Fox Launches Securities Suit in S.D. NY
ROYAL DUTCH: Milberg Weiss Launches Securities Fraud Suit in NJ
TV AZTECA: Schiffrin & Barroway Files Securities Suit in S.D. NY
*********
AIRLINE COMPANIES: Starting Disclosure Policy Changes Amid Suits
----------------------------------------------------------------
Many U.S. airlines are now scrambling to create disclosure
policies that will inform customers about the possibility of the
companies' sharing data with the federal government as a result
of two lawsuits against airlines that secretly handed over
private passenger information, The Washington Post reports.
Last week, angry passengers filed a class action against
Northwest Airlines after it revealed that it had passed to NASA
passenger records after the September 11 terrorist attacks.
Last year, JetBlue Airways was charged in another class action,
after it admitted it handed over records for a separate project.
Moreover, privacy groups have lodged complaints with government
agencies and members of Congress are sending letters with sharp
questions to airlines and government agencies involved in the
projects.
More than 20 chief operating officers of the nation's largest
airlines met last week to discuss the possibility of adopting
similar privacy policies to cooperate with the CAPPS II program,
which begins this summer.
The CAPPS II program is designed to compare passenger
reservation records with commercial databases that hold records
such as home mortgage loans and credit reports to verify
passengers' identity. The passengers' names then will be
checked against criminal and suspected terrorist databases and
travelers will be given risk scores of red, yellow or green.
The color determines the level of screening a passenger will
receive. Passengers who rate a red score will be met by police
at the airport.
Once CAPPS II begins this summer, airlines and reservation
companies will turn over records to the Transportation Security
Administration, where it will be screened and scored, the Post
reports. The TSA said it intends to keep the data, which
include passenger name, address, telephone number and date of
birth, for a number of days.
Airline executives plan to schedule more meetings with officials
from the Department of Homeland Security. The industry hopes to
hammer out procedures that will allow the carriers to turn over
passenger records while protecting consumer privacy and limiting
airline liability.
"We have a lot of work to do here," one airline industry source
told the Post. "Everyone agrees there's a sense of urgency
because the government wants to get going on CAPPS II as soon as
possible."
ARCHON CORPORATION: Court Starts Review of Certification Denial
---------------------------------------------------------------
The United States Ninth Circuit Court of Appeals heard oral
arguments in its review of the denial of class certification for
the lawsuit filed against Archon Corporation, and other gaming
companies and gaming equipment manufacturers in the United
States.
The consolidated suit, filed in the United States District
Court, District of Nevada, alleges that the defendants have
engaged in fraudulent and misleading conduct by inducing people
to play video poker machines and electronic slot machines based
on false beliefs concerning how the machines operate and the
extent to which there is actually an opportunity to win on a
given play. The complaint alleges that the defendants' acts
constitute violations of the Racketeer Influenced and Corrupt
Organizations Act (RICO) and also give rise to claims for common
law fraud and unjust enrichment, and seek compensatory, special
consequential, incidental and punitive damages of several
billion dollars.
In response to the complaint, all of the defendants, including
the Company, filed motions attacking the pleadings for failure
to state a claim, seeking to dismiss the complaints for lack of
personal jurisdiction and venue. The court heard the arguments
on those motions and ultimately denied the motions. Plaintiffs
then filed their motion to certify a class, which the defendants
vigorously opposed. On June 26, 2002, the court denied the
motion to certify the class. Plaintiffs then sought
discretionary review by the Ninth Circuit of the order denying
class certification. On August 15, 2002, the Ninth Circuit
granted review. The briefing is complete, an oral hearing took
place on January 15, 2004 and the defendants are waiting for a
court ruling.
ARNOLD FOODS: Recalls Potato Bread For Undeclared Dairy & Soy
-------------------------------------------------------------
Arnold Foods, in cooperation with the U.S. Food & Drug
Administration (FDA), is recalling Dutch Country Soft Potato
Bread from Alabama, Florida, Georgia, Kentucky, North Carolina,
South Carolina, Tennessee, Virginia and West Virginia because it
may contain dairy ingredients (non-fat dry milk and sweet whey
solids) and soy flour - potential allergens that are not named
on the package ingredients list. There is no health hazard for
people who are not allergic to dairy and soy ingredients.
The product has a sell-by date of December 26, 2003 through and
including February 3, 2004 printed on the plastic lock-tab bag
closure. The product was distributed between December 15, 2003
to January 21, 2004 to retail stores. The company is removing
all Dutch Country Soft Potato Bread with the noted code dates
from retail stores today. No other Arnold or Dutch Country
products are affected.
Consumers with allergies to dairy and soy ingredients who have
purchased the product can return the product to its place of
purchase for a full refund or call the company at 1-800-356-3314
for additional information.
CHAMPION HOME: NC Appeals Court Reverses Dismissal of Fraud Suit
----------------------------------------------------------------
The Court of Appeals of North Carolina reversed a ruling by the
Superior Court of Pender County, dismissing a lawsuit brought
against mobile home manufacturer Champion Home Builders, et al.,
on behalf of Cleveland E. Coley Jr., and Wife Sharon Coley, et
al., owners of mobile home with soil anchor tie-down systems,
alleging unfair and deceptive trade practices under Chapter 75
of the North Carolina General Statutes.
This action was instituted by plaintiffs in the Superior Court
of Pender County against defendants Champion Home Builders Co.,
Champion Enterprises, and Redman Homes, Inc. on May 3, 2001. On
June 5, 2001, this action was removed to the United States
District Court for the Eastern District of North Carolina.
On February 26, 2002, the Honorable James C. Fox, Senior United
States District Judge entered an order dismissing plaintiffs'
complaint as to defendant Champion Enterprises, Inc. for lack of
personal jurisdiction and allowing plaintiffs' motion to remand
the case to the state courts of North Carolina. On August 14,
2002, defendants renewed their motion to dismiss before
the Superior Court of Pender County.
Prior to the hearing on the motion, plaintiffs voluntarily
dismissed their claims against defendant Redman Homes, Inc. This
left Champion Home Builders, Inc. as the only remaining
defendant. On 19 August 2002, the trial court dismissed
plaintiffs' complaint as to Champion.
Plaintiffs' complaint and amended complaint assert a single
cause of action against Champion for unfair and deceptive trade
practices under Chapter 75 of the North Carolina General
Statutes. In addition to plaintiffs' individual claims, their
complaint asserts a class action pursuant to Rule 23 of the
North Carolina Rules of Civil Procedure on behalf of similarly
situated individuals.
CURIOSITY KITS: Recalls Pottery Wheel Kits For Bacteria Content
---------------------------------------------------------------
Curiosity Kits Inc. of Hunt Valley, Md., in cooperation with the
U.S. Consumer Product Safety Commission (CPSC), is voluntarily
recalling 150 Discovery Kids Imaginative Arts Pottery Wheel Kits
Since the brown clay contained in the Pottery Wheel kits could
contain excess levels of bacteria, posing a risk of illness to
users.
There have been no reports of incidents or injuries relating to
this product.
Only pottery wheel kits sold during October 2003 with SKU
#690974 printed on the white UPC price label attached to the
back lower right hand corner of the box are included in this
recall. Pottery Wheel Kits sold after October 2003 with
different SKU #'s are not included in this recall.
The pottery wheel kits, manufactured in China, were sold at
Discovery Channel stores and catalogs, and on
http://shopping.discovery.comduring October 2003 for about $40.
Consumers are urged to stop using the pottery wheel kits and
return the kits to any Discovery Channel store, or contact
Discovery Channel stores' customer service, to receive a full
refund or credit of the $39.95 purchase price or a replacement
Pottery Wheel Kit and a $5 Discovery Channel store gift
certificate.
For more information, contact Discovery Channel stores at
(800) 373-7706 between 9 a.m. and 5 p.m. ET Monday through
Friday, or visit the firm's Web site at
http://shopping.discovery.com
DAIMLERCHRYSLER AG: Investor Seeks Payment of Litigation Costs
--------------------------------------------------------------
Investor and billionaire Kirk Kerkorkian wants DaimlerChrysler
AG to pay some of his court costs in the lawsuit filed against
it, over Daimler's merger with the former Chrysler Corporation,
the Associated Press reports.
Mr. Kerkorian's attorneys also asked for the chance to recall
some witnesses in the case, which was halted last month after
DaimlerChrysler suddenly produced 67 pages of handwritten notes
from former Chrysler Corporation chief financial officer Gary
Valade.
A special master for the U.S. District Court found last week
that the delay in producing the notes was likely the result of a
copying error. DaimlerChrysler said Thursday that since there
was no wrongdoing on the part of the company, there should be no
sanctions in the case.
However, Mr. Kerkorian's attorneys asked Judge Joseph Farnan to
force DaimlerChrysler to pay court costs from December 16
forward. They want the right to recall DaimlerChrysler CEO
Juergen Schrempp and former Chrysler president Thomas Stallkamp
to the stand. They also want to limit Mr. Valade's testimony on
the notes, AP reports. Judge Farnan has scheduled a Tuesday
meeting with attorneys from both sides to discuss when the trial
should resume.
DEUTSCHE BANK: Refuses To Comment On Scudder Mutual Funds Suit
--------------------------------------------------------------
Deutsche Bank AG declined to comment on a report Monday that
U.S. investors have filed a class action lawsuit alleging
improper trading at the German bank's U.S. mutual fund unit,
Scudder Investments, Dow Jones Business News reports.
Financial Times Deutschland reported Monday that investors have
hired New York law firm Milberg Weiss to launch a three-way suit
against Deutsche Bank, its main fund manager, Deutsche Asset
Management - which owns the Scudder brand - and New York-based
Scudder itself.
Earlier this month, Deutsche Asset Management said in regulatory
filings that an internal probe identified an arrangement with
"an investment advisory firm" that resulted in frequent fund-
share trading in some Scudder funds. The filings indicated the
relationship predated Deutsche's ownership of Scudder, which it
bought in early 2002. The trading arrangement has since been
terminated.
A U.S.-based spokeswoman for Deutsche Asset Management told the
newspaper the company hadn't received the class action suit, Dow
Jones reports.
ELECTRONIC FIRMS: U.S. Court Allows German Soldiers' Cancer Suit
----------------------------------------------------------------
The Financial Times Deutschland on Monday said that a U.S. court
has allowed a lawsuit from a group of former German soldiers now
suffering from cancer who are seeking up to $450 million in
damages from six U.S. electronics firms, Reuters news reports.
The newspaper said the companies targeted by the claim, which
follows a similar case launched against the German defense
ministry in 2002, include Raytheon, Lucent Technologies and ITT
Industries. It said the plaintiffs say that maintenance and
operation of radar systems between 1958 and 1994 led to their
developing leukemia and testicular cancer.
A spokeswoman for Lucent in Germany said the company's policy
was not to comment on current court cases, while no immediate
comment was available from Raytheon. The FT Deutschland said the
U.S. court in Texas has until June 30 to decide whether the
claims can be combined into a class action suit, which would
greatly increase the number of plaintiffs and the size of the
claim.
FEN-PHEN LITIGATION: Lawyers Say Trust Fund Faces Bogus Claims
--------------------------------------------------------------
Lawyers for pharmaceutical firm Wyeth allege that a $3.75
billion settlement fund for litigation over the weight-loss drug
combination fen-phen is receiving thousands of fraudulent heart-
damage claims, the Associated Press reports.
The New Jersey-based Company, formerly known as American Home
Products, made Pondimin, the fenfluramine half of fen-phen, and
a chemical cousin, Redux. Both drugs were pulled from the
market in September 1997, after reports that in some patients
they had caused heart-valve damage and dangerously high pressure
in lung blood vessels. No problems were linked to phentermine,
the other drug in the combination. The Company faced several
lawsuits, which it agreed to settle in 1999.
The Philadelphia-based AHP Settlement Trust has received 71,000
claims, more than eight times the number expected when the fund
was formed in 1999. The trust has so far paid about 2,700
claims at an average of $400,000.
The claims process has been "hijacked by lawyers stamping out
tens of thousands of baseless claims," Peter L. Zimroth, an
attorney for the New Jersey-based Wyeth, said in a court filing
late last year, AP reports. After the 1999 settlement, Mr.
Zimroth argues, lawyers paid cardiologists millions of dollars
to fill out claims forms with exaggerated injuries after
conducting echocardiogram tests.
"The trust has to ensure, as part of its fiduciary obligations,
that it is paying legitimate claims," Richard L. Scheff, a
lawyer for the trust, told AP. "We want to deter bogus claims.
We want to recover money that shouldn't have been paid in the
first place. We want claims that aren't valid to be withdrawn."
Mr. Scheff has asked U.S. District Judge Harvey Bartle to
suspend an estimated 7,000 claims from Dallas lawyer Kip A.
Petroff, and last year sought to suspend all claims connected to
EchoMotion, a North Carolina medical testing firm. He said the
firm's tests were not supervised by cardiologists.
GENERAL MOTORS: Second 'Piston-Slap' Engine Defect Suit Filed
-------------------------------------------------------------
General Motors Corporation faces a second lawsuit filed in
Oklahoma City Court, over an engine defect that allegedly
damaged the value of certain trucks, Dow Jones Business News
Reports.
The suit alleges the Company failed to properly redesign engine
pistons when it attempted to reduce friction in the engines
during a reconfiguring for the 1999 model year. The result,
lawyers involved say, is a loud, knocking piston-slap noise that
GM refuses to fix.
"In reality, if they fix the problem it would go a long way to
resolving this entire case," attorney William B. Federman, who
filed the lawsuit on behalf of Oklahoma City resident Troy
Smith, told Dow Jones in an interview Monday. "Our clients are
not looking for something they're not due."
Mr. Smith noticed a problem with his 2001 Chevrolet Silverado
pickup truck after driving the vehicle for 11,000 miles.
Several attempts to get the truck fixed were met with the same
result: GM officials told Mr. Smith the noise was considered
normal, and wouldn't correct the issue, the lawsuit claims.
Piston slap is caused when there is too much space between the
engine's pistons and cylinders - the pistons knock around while
churning, causing a banging or knocking sound. Mr. Federman
told Dow Jones the noise makes a regular truck sound like a
diesel engine, and the lawsuit claims the problem wastes fuel
and results in higher emissions.
GM officials couldn't immediately be reached for comment, Dow
Jones states.
GMAC FINANCIAL: IL Court Upholds Refusal to Transfer Fraud Suit
---------------------------------------------------------------
The Appellate Court of Illinois, Fifth District affirmed a
ruling by the Circuit Court of Madison County, denying
defendants Motion For Transfer of Venue related to a lawsuit
brought against GMAC Financial Services, on behalf of Plaintiff
David L. Reynolds, et al., alleging the defendant, a finance
company, conspired with automobile dealers in overcharging
customers for certain "add-ons" purchased by customers when
financing their vehicles.
Essentially, the suit alleges that the defendant, a finance
company, conspired with automobile dealers in overcharging
customers for certain "add-ons" purchased by customers when
financing their vehicles. These "add-ons" include credit life
insurance, credit disability insurance, and extended service
warranties. Reynolds filed a class action suit on behalf of all
persons who, on or after April 4, 1991, purchased an "add-on" at
the time they purchased a vehicle, signed a form contract
similar to the one signed by Reynolds, and had the contract
assigned to the defendant.
On June 4, 2001, after the plaintiffs had filed their initial
complaint but prior to any subsequent amendments, the defendant
filed a motion to transfer venue. The defendant claimed that
venue was not proper in Madison County because Reynolds had
not purchased his vehicle there and Reynolds had not entered
into a contract there. The defendant claimed that the vehicle
was purchased in Macoupin County and that the defendant accepted
the assignment of the contract in St. Louis County, Missouri.
The defendant further claimed that it does not enter into any
contracts in Madison County, that it does not have a registered
office or other office in Madison County, and that it does not
do business in Madison County for purposes of satisfying the
venue statute. The defendant requested that venue be transferred
to Macoupin County, where the defendant has a place of business
and where the vehicle was purchased. In support of its motion,
the defendant attached a one-page affidavit from Michael Boyle,
an operations manager.
The plaintiffs filed a brief opposing the defendant's motion to
transfer. Reynolds also claimed that the vehicle he purchased
and financed through the defendant was housed in Madison County.
In addition, the plaintiffs attached two separate depositions
from representatives of the defendant. The first was from Kevin
Bosch, who is responsible for approving credit and supervising
the discounting of contracts. Bosch testified that since 1991,
a total of 21,797 Madison County residents have financed their
vehicles through the defendant. Susan Klyasheff, a wholesale
administrative analyst, was also deposed. She testified that
during the previous 10 years, the defendant had been involved in
wholesale security agreements with dealers in Madison County
that included financing a dealer's inventory, real estate,
equipment, working capital, and revolving lines of credit.
On July 25, 2002, the defendant's motion to transfer venue was
argued before the circuit court of Madison County. On September
6, 2002, the circuit court denied the defendant's motion. The
circuit court also ruled that at least some part of the
transaction occurred in Madison County. The defendant appealed.
INDIANA: ICLU Files Suit Demanding Education For Jailed Youth
--------------------------------------------------------------
The Clark County Juvenile Detention Center in Indiana faces a
lawsuit from the Indiana Civil Liberties Union, alleging the
jail violated state law by not offering schooling to young
inmates, the Associated Press reports.
The suit, filed on behalf of a 17-year-old detainee, alleges
that no daily classes have been provided since a teacher left in
September. The suit seeks certification as a class action
representing all youth confined to the center next to the Clark
County Jail. The suit says the facility is required to follow
Indiana's compulsory-school-attendance law requiring residents
under age 18 to attend class.
"This is no different than if a parent refused to send their
kids to school," Kenneth Falk, an ICLU attorney told AP. It is
a Class B misdemeanor for the detention center not to send
children to school, and each day the child is not in school is a
separate offense, he said.
Clark County Attorney Scott Lewis told AP the lawsuit was the
first he or the county commissioners had heard the allegations.
The county commissioners oversee the detention center. Mr.
Lewis declined to comment on the suit itself.
The lawsuit, filed in U.S. District Court in New Albany, asks
the court to issue a preliminary injunction, and later a
permanent one, requiring the detention center to provide
educational services, including special education. It also asks
that the center be directed to pay D.O.'s legal fees.
MARKET AMERICA: NC Court Upholds Securities Lawsuit Dismissal
-------------------------------------------------------------
The Court of Appeals of North Carolina affirmed a ruling by the
Superior Court of Guilford County, which dismissed a lawsuit
brought against James H. Ridinger, Loren A. Ridinger, Martin L.
Weissman, and Market America, Inc., on behalf of Plaintiff David
Osher, and other public minority shareholders, challenging
merger and alleging members of the board of directors breached
their fiduciary duty by unfair dealing, unlawful coercion, and
unfair price.
On October 17, 2001, the Ridingers, who at that time
collectively owned 78% of the outstanding shares of common stock
of Market America, announced their intention to acquire all of
Market America's common stock that they did not already own for
$8.00 per share in cash. Generally, the common stock has traded
in the $4.00 to $5.00 range.
Mr. Weissman joined the Ridingers in the buyout group shortly
after the proposal was made to Market America. The proposal
called for Market America to merge with Miracle Marketing, a
corporation completely owned by Mr. Ridinger. Market America
issued a 907 proxy statement that made the merger conditional
upon the acceptance of a majority of the minority shareholders.
A majority of the minority shareholders voted in favor of the
merger, which was completed on or about 24 June 2002.
On October 19, 2001, plaintiff filed, individually and as a
class action on behalf of all public shareholders of Market
America, a complaint challenging the merger. Plaintiff filed an
amended complaint on November 4, 2002 alleging breach of
fiduciary duty by unfair dealing, unlawful coercion and unfair
price. On November 15, 2002, defendants moved to dismiss the
complaint on the grounds that the plaintiff lacked standing and
failed to state a claim on which relief can be granted. On
December 13, 2002, the trial court dismissed the action.
Plaintiff appealed.
MARTHA STEWART: Prosecutors Concerned About Jury Objectivity
-------------------------------------------------------------
Federal prosecutors expressed worries about finding an objective
jury for the Martha Stewart trial, as jury selection continues
this week, the Associated Press reports.
The domestic maven is accused of lying to investigators and
misleading investors in her own company about why she sold 3,928
shares of ImClone Systems Inc. stock in 2001, just before it
plummeted on a negative government review of an ImClone drug.
The government alleges that her personal friend and ImClone
founder Sam Waksal was trying to sell his shares and tipped Ms.
Stewart.
Mr. Waksal has admitted getting advance word of the government
decision and pleaded guilty to insider trading, but Ms. Stewart
was never accused by the government of personally knowing about
the government report. Ms. Stewart claims she and her
stockbroker Peter Bacanovic, who is on trial with her, had a
standing order to sell Ms. Stewart's stable of ImClone shares
when the stock price fell to $60.
Last week, Judge Miriam Cedarbaum cleared about 40 potential
jurors for the trial, moving close to the 50 she wants to
proceed to the final round of jury selection, a source close to
the case told The Associated Press.
A potential juror, excused from jury service, reportedly looked
at Ms. Stewart, and blurted out, "I am a huge fan of yours.
Good luck." Another juror excused from service was open about
her bias, saying "I don't think that I would be fair. I think I
would be - I am not even trying to be impartial. I think she is
guilty."
These statements caused federal prosecutor Karen Patton Seymour
to be concerned about finding a fair jury. She asked the judge
in the case to specifically ask potential jurors whether their
feelings about Stewart would make it difficult to be fair to
both sides, according to a transcript released Thursday. "I am
concerned about that issue, Your Honor," she told U.S. District
Judge Miriam Goldman Cedarbaum during juror questioning on
Wednesday, according to the transcript, AP reports.
Ms. Stewart's defense attorneys also raised concerns that the
jurors might mistakenly believe the style-setter is charged with
insider trading. "These jurors are coming in here. Many of them
have written the same thing, thinking that she has been charged
with criminal insider trading," Mr. Morvillo said Wednesday,
according to the transcript, AP states. The judge replied that
she would see to it that the jury does not believe there is a
charge of insider trading.
The media are relying on transcripts of the juror interviews
because the judge has barred reporters and the public from
watching the process, even though it is typically conducted in
open court. Seventeen media organizations, including The
Associated Press, claim the ban violates the public's right to
monitor the judicial process. They are appealing the decision
at a hearing scheduled for Monday.
MARYLAND: Homeless Advocacy Group Sues Due to Funding Freeze
------------------------------------------------------------
Maryland's governor and the head of the state Department of
Human resources face a class action filed in Baltimore Circuit
Court, over the blocking of new applicants to a state program
for the homeless that would provide $185 a month to about 8,300
indigent people, the Baltimore Sun reports.
Plaintiff Gustav Ketchersid filed the suit, which seeks a
temporary restraining order on the freeze. At the center of the
suit is $5 million that is needed above the current funding
level for the state's Transitional Emergency Medical and Housing
Assistance program. The $24-million-a-year program serves
11,000 to 13,000 childless and disabled adults each year, many
of them unemployed men like Mr. Ketchersid.
According to state officials, anyone who applied on or after
December 15 will not be eligible for the $185 a month payments.
On average, 1,300 people are eligible for TEMHA funds each
month.
Mr. Ketchersid, 46, told the Sun that it doesn't make sense to
withhold money from poor and homeless people at this time of
year - when home heating bills escalate and brutally cold
temperatures can be fatal to those living outside. "Everybody,
basically in general, is dumping on the homeless and the poor,"
he said. "It doesn't make any difference if you're a single
male or a mother with children.
"If you want to get homeless people and addicts off of the
streets, you have to appropriate money for places for them to
go. This is the worst time for the money to be cut off.
Instead of cutting TEMHA off (altogether), they should have cut
$5 or $10 from those getting it now and kept it going," he told
the Sun.
The Homeless Persons Representation Project, a nonprofit, anti-
poverty organization that provides free legal services to the
needy and working poor, is representing Mr. Ketchersid. J.
Peter Sabonis, executive director of the Homeless Persons
Representation Project, said his organization objects to the
freeze in new applicants for three reasons, including that the
measure "violates constitutional equal protection" and "is just
arbitrary and capricious," the Sun reports.
MICROSOFT CORPORATION: Judge Satisfied With Antitrust Settlement
----------------------------------------------------------------
Washington Federal Judge Colleen Kollar-Kotelly is content with
software giant Microsoft Corporation's efforts to comply with
the landmark antitrust settlement it forged with rivals, Reuters
reports.
Last week, antitrust enforcers said in a report to Judge Kollar-
Kotelly that the settlement had fallen short on a key provision
designed to make sure rivals can make their server software work
properly with the Windows operating system. In response to the
report, Microsoft gave the judge a list of changes it will make
to make it simpler and easier for competitors to license the
necessary computer code.
Microsoft attorney Rick Rule told Reuters that the Company would
make 20 of the 113 pieces of the necessary computer code, known
as protocols, available for free by download. He added that the
Company would also simplify and shorten the licenses, and is
working hard to entice other companies to take advantage of
them. "Microsoft is willing to go that extra mile to try to get
additional licensees signed up," Mr. Rule said.
In a conference with the Company and the U.S. Justice
Department, Judge Kollar-Kotelly said the 2002 settlement with
the government was working and she brushed aside concerns from
the Justice Department that a key provision had failed to live
up to expectations. "The decree seems to be operating," she
said. "We only have concerns about one provision."
The judge conceded the provision at issue "has not yet yielded
the hoped-for results," but she said it "may be just too early
to tell," Reuters reports.
Making the server protocols more accessible could help companies
such as Sun Microsystems Inc., which are battling Microsoft in
the market for software that runs servers, the powerful machines
that manage computer networks.
It's the second time Microsoft has agreed to streamline the
server protocol licenses. Last year, Microsoft took other steps
to make the licenses more attractive and address other Justice
Department concerns about the settlement.
Stephen Houck, the attorney for a group of state attorneys
general who are also part of the settlement, told Reuters the
shortcomings in the licensing were a major problem. "We regard
it as one of the most important provisions in the judgment," he
said. "We believe there is much more that can and should be
done to make this program work as it should."
PENNSYLVANIA: Second Doctor Sues Hospital Over PAP Smear Tests
--------------------------------------------------------------
Dr. Kenneth S. McCarthy Jr., is the second physician to accuse
the University of Pittsburgh Medical Center's Magee-Womens
Hospital of routinely misleading patients by putting doctors'
electronic signatures on test results that were never reviewed
by physicians, Williamsport Sun-Gazette/ Associated Press
reports.
Dr. McCarthy, in a lawsuit filed Thursday in Allegheny County
Court, echoed many of the allegations of a lawsuit filed last
month by a former doctor at the a university-affiliated
hospital. The pathologist at the hospital, alleged that Magee
falsified thousands of Pap smear tests by putting doctors'
electronic signatures on them, and when errors were discovered,
destroyed the incorrect records. Pap smear tests are routine
screenings for gynecological cancers and tissue abnormalities.
He also alleged that the hospital hired improperly trained
workers and mislabeled specimens, which led to incorrect
diagnoses. "As an administrator, when someone ... brings you
unambiguous proof of a problem, you're obligated to listen and
to correct the problem," he told AP. "In good conscience, as a
physician and a caring member of the community, I have to go
public."
Like Dr. Susan Silver, who sued the hospital last month, Dr.
McCarthy said he was no longer allowed to be a pathologist at
Magee after he reported his concerns to the hospital, the
University of Pittsburgh Medical Center and an accrediting
group.
Hospital officials denounced the allegations - which are also
included in a lawsuit filed by two patients last month - saying
that all of the hospital's laboratories meet regulatory
standards and that the lawsuits could create unnecessary alarm
among female patients, AP reports.
"UPMC and Magee will not acquiesce to those individuals who are
looking for a pot of gold at the end of a baseless and unfounded
lawsuit," UPMC spokeswoman Jane Duffield said in a statement, AP
reports. "At the end of the day, when the dust settles,
everyone will understand why we are so confident that we will
prevail in court."
The hospital has asked a judge to throw out the patients'
lawsuit, saying it is baseless because the women do not claim
they were harmed nor that the tests were improperly reviewed.
The hospital has not specifically replied to the doctor's
claims. The hospital earlier won a restraining order against a
Web site that three law firms were using to recruit women for
the suit seeking class action status, but the two sides last
week reached a settlement allowing the firms to continue the Web
site under a different name.
PHILADELPHIA: Welders File Suit V. Companies Over Welding Fumes
---------------------------------------------------------------
21 national manufacturers of welding products face a lawsuit
field by two Philadelphia welders, alleging that welding rods
create harmful fumes that can lead to injuries such as Manganism
and Parkinson's disease, Industrial Maintenance and Plant
Operation reports. Defendants listed in the suit include
Radnor, PA-based Airgas and Pittsburgh, PA-based TDY Industries,
Inc.
The complaint alleges that the element Manganese is found at
toxic levels in the fumes created when welding rods are used to
weld metal. Exposure to Manganese has been linked to the early
onset of Parkinson's disease and Manganism, a similar disease.
Parkinson's disease is a disease of the nervous system causing
tremor and weakness of the muscles.
According to a statement issued by the welders' legal team, the
court could certify the case as a class action lawsuit. In this
instance, the case would be widened to include other welders
known to have or to be at risk for developing Parkinson's and
related diseases as a result of exposure to fumes from welding
rods.
PILGRIM BAXTER: Ohio Pension Seeks Lead Plaintiff Status In Suit
----------------------------------------------------------------
The Ohio Public Employees Deferred Compensation Program asked
the United States District Court of New York to appoint it as
lead plaintiff in the class action filed against Pilgrim Baxter
& Associates prompted by the mutual-fund industry probe, Dow
Jones Business News reports.
Pilgrim Baxter, a Wayne, Philadelphia unit of Old Mutual, faces
several lawsuits filed in federal court, by the Securities and
Exchange Commission following revelations that fund executives
had engaged in so-called "market-timing" trades. A consolidated
suit will be filed against the Company, seeking to recover
losses associated with the improper trading of mutual funds, Kim
Norris, a spokeswoman for Ohio State Attorney General Jim Petro,
told Dow Jones.
AG Petro initiated the effort to become lead plaintiff in the
new suit against Pilgrim, saying the state 401(k) plan is in a
good position to serve in the role because it is one of the
largest such plans in the U.S. Plan assets are held in trust on
behalf of its participants by trustees that include members of
the Ohio House of Representatives and Senate, and a public
employees' retirement board. Between 1998 and 2003, the Ohio
401(k) plan had as much as $90 million invested in Pilgrim
funds. On average over that five-year period, it had more than
$40 million in Pilgrim's flagship fund, the PBHG Growth Fund.
"The Ohio Program is exactly the type of plaintiff that a case
like this requires as lead," AG Petro in a news release
announcing the effort, Dow Jones reports. "It is an
institutional investor, it has a significant financial interest
in the relief sought by the class and is representative of a
large number of small investors who also have a huge stake in
the outcome."
Pilgrim spokesman Tucker Hewes said the firm declined to comment
on the Ohio lawsuit, Dow Jones reports.
RJ REYNOLDS: High Court Dismisses Challenge to FL Suit Judgment
---------------------------------------------------------------
The United States Supreme Court turned down RJ Reynolds Tobacco
Co.'s request for a review of a judgment awarded to the widow of
a Florida resident, who died of cancer in 2002, the Associated
Press reports.
Floyd J. Kenyon Sr., a Sarasota, Florida teacher, was diagnosed
with lung cancer in 2000, more than fifty years after he first
started smoking as a teenager. Before his death, his family
filed the suit, which charged the Company with making a
defective and dangerous product.
The nation's second-largest cigarette maker already paid the
$195,000 judgment while the appeal was pending. Lawyers said it
was the first time the company paid damages in an individual
product liability lawsuit.
The tobacco company had asked the Supreme Court to consider
blocking a Florida law that allows lawsuits against cigarette
makers over their products, because of federal regulations for
the manufacture and sale of cigarettes, AP reports.
RJR attorney Robert Klonoff told justices in a filing that there
are thousands of pending cases in Florida. "Given their
potential liability for every cigarette sale in the state,
cigarette manufacturers would face severe pressure to
discontinue cigarette sales in Florida, raising the very threat
to the national economy that Congress sought to avoid," he told
justices, AP reports.
The Supreme Court did not comment in turning down Reynolds'
request to hear the case, AP states. The case is R.J. Reynolds
Tobacco Co. v. Kenyon, 03-687.
ROYAL DUTCH/ SHELL: Faces Investor Suit Over Reserves Downgrade
---------------------------------------------------------------
Oil giant Royal Dutch/Shell faces a class action, filed by
prominent firm Milberg Weiss Bershad Hynes & Lerach LLP, in the
US District Court in New Jersey, alleging that the Company
"deliberately violated accounting rules and guidelines" by
overstating its proven reserves, Reuters reports. The suit
named the Company and its directors as defendants and was filed
on behalf of shareholders.
Milberg Weiss filed the suit after the Company announced early
this month that it had overestimated its proven reserves by 20
percent. The announcement moved 3.9 billion barrels of oil and
gas finds booked as proven between 1996 and 2001 into categories
with less certainty of commercial exploitation. It leaves Shell
with 10-11 years of assured production in its books compared
with about 13-14 previously, and has hit the group's shares and
confidence in its management.
The lawsuit is based around an allegation that the downgrade is
at odds with the company's existing filings with U.S. listed
companies regulator the Securities and Exchange Commission.
"The complaint alleges that defendants deliberately violated
accounting rules and guidelines relating to oil and gas reserves
which resulted in a shocking and unprecedented overstatement of
oil and gas reserves," said Milberg, which intends to seek
certification of the suit as a class action. It seeks to pursue
unspecified remedies under the Securities and Exchange Act of
1934.
A Shell spokesman said the company had no immediate comment,
Reuters states. Milberg on Monday invited shareholders in Shell
and its affiliated listings to join the claim and serve as "lead
plaintiff."
SLAVERY LITIGATION: Judge Dismisses IL Slave Reparations Lawsuit
----------------------------------------------------------------
United States District Judge Charles R. Norgle dismissed a class
action filed against several corporations who allegedly profited
from slavery, saying the plaintiffs had established no clear
link to the companies they targeted, the Associated Press
reports.
The suit, filed in the United States District Court in Chicago,
Illinois, names as defendants companies like the Lehman Brothers
brokerage firm, Aetna Insurance and R.J. Reynolds Tobacco. The
companies or their corporate ancestors allegedly made money off
slavery.
"Plaintiffs' attempt to bring these claims more than a century
after the end of the Civil War and the formal abolition of
slavery fails," Judge Norgle said. He said the plaintiffs'
claims "are beyond the constitutional authority of this court."
He said the suit alleged no specific connection between the
plaintiffs and the companies named as defendants, AP reports.
However, the court dismissed the case "without prejudice,"
meaning the slave descendants seeking reparations from U.S.
companies are allowed to file an amended complaint. Lionel
Jean-Baptiste, a lawyer representing two women who are
descendants of slaves, said he expected to appeal the ruling.
"I had an expectation that this would happen," Mr. Jean-Baptiste
told AP.
In his opinion, Judge Norgle acknowledged "the historic
injustices and the immorality of the institution of human
chattel slavery in the United States." However, he said
longstanding doctrine in matters involving political questions
"bars the court from deciding the issue of slavery reparations,
an issue that has been historically and constitutionally
committed to the legislative and executive branches of our
government."
As for the timing, he said the plaintiffs had failed to show how
the wrongs cited in the lawsuit fall within the statute of
limitations. "Some may view this ruling as..[the] condon[ing] of
ancient wrongs," Judge Norgle said, according to an AP report.
"That view is wrong. To suggest that the lions have won again
and that the court is impervious to the human suffering at the
core of this case would be absurd."
SPECIALIST FIRMS: May Face Civil Charges Over Improper Trading
--------------------------------------------------------------
The Securities and Exchange Commission is considering the filing
of civil charges against New York Stock Exchange specialist
firms LaBranche & Co. Inc. and Van Der Moolen Holdings NV for
violating securities laws and exchange rules against improper
trading activities, the Associated Press reports.
Statements from the two companies revealed that the SEC sent
them a "Wells notice," a formal notice in which the commission
warns a company that civil enforcement charges may be
recommended against it. The NYSE also sent the two firms a
similar notice, intending to bring a formal disciplinary
proceeding against them for violating exchange rules.
Specialist firms have come under scrutiny in the past few
months, for allegedly manipulating customer transactions to
benefit them instead of the customer. In October, the NYSE said
that it would seek tens of millions of dollars in fines against
five specialist firms - Bear Wagner Specialists, Spear, Leeds &
Kellogg Specialists, FleetBoston Financial Corporation,
LaBranche and Van Der Moolen - for improper trading.
The NYSE and SEC say the firms allegedly manipulated trades
through practices such as "front-running," or trading ahead of
customer orders. Front-running has been a particular concern at
the NYSE since early 2001 when the exchange began trading stocks
in 1-cent increments, making it easier for specialists firms to
step in front of their customers.
Last month, the California Public Employees Retirement System
announced a class action lawsuit against the NYSE and seven
specialist firms for bilking investors out of millions of
dollars through fraudulent trading practices. In addition to the
aforementioned firms, the CalPERS suit also named Performance
Specialist Group and Susquehanna Specialists Inc.
An NYSE spokesman had no comment on the notices issued Friday,
nor on the status of its own investigation, AP reports. An SEC
spokesman said the commission did not comment on ongoing
investigations.
LaBranche spokesman Brian Maddox told AP the firm would
cooperate with both SEC and NYSE investigators, but had no
further comment. Representatives of Van Der Moolen could not
immediately be reached for comment; a company statement said Van
Der Moolen would cooperate with both agencies. Spokesmen for
Goldman Sachs, parent company of Spear, Leeds & Kellogg, and
Performance Specialist Group would not comment on whether their
firms also received Wells notices. Bear Wagner, FleetBoston and
Susquehanna did not immediately return calls seeking comment, AP
reports.
TERRORIST ATTACK: Final WTC Victim Count 2,749, Say NY Officials
----------------------------------------------------------------
New York's medical officials pegged the final tally of victims
of the September 11 terrorist attacks on the World Trade Center
at 2,749, after three unconfirmed missing persons were removed
from the list of those presumed killed, Reuters reports.
The official death toll has changed frequently - the earliest
count was placed at more than 6,000, days after the attacks
happened. The estimated toll, which includes passengers and
crew on the airliners, but not the hijackers, has dropped
steadily. The most recent change was in October last year, when
officials revised the number downward by 40 to 2,752 after
police found incidence of fraud and duplication, and that people
once thought dead were alive.
Medical officials have only been able to positively identify the
remains of 1,541 victims in the massive destruction of fires,
crushed concrete, glass and steel, city spokeswoman Ellen
Borakove told Reuters. She said unidentified remains have been
preserved in the hopes that future DNA methods or other medical
technology will enable positive identification.
She added that three names were taken off the list last week
when investigators determined they could not definitively prove
these people were at the site when Islamic militants slammed two
hijacked planes into the twin towers. Ms. Borakove said 2,749
death certificates had been issued, the first time in 28 months
since the attacks that the number of certificates matched the
missing persons count. "Based on what we have at this time, we
believe this is the final number of victims," she said.
The latest revision brought the overall official number of
victims of four coordinated attacks with hijacked aircraft that
day to 2,973. A plane flown into the Pentagon near Washington
killed 184 and another crashed in Pennsylvania, killing 40.
TOBACCO LITIGATION: Court Refuses Dismissal Of DOJ Consumer Suit
----------------------------------------------------------------
Federal Judge Gladys Kessler refused to dismiss a $289 billion
Department of Justice lawsuit charging several tobacco firms of
attempting a conspiracy to deceive the public about the dangers
of smoking, the Associated Press reports. The defendants are:
(1) Philip Morris USA Inc.,
(2) its parent, Altria Group Inc.,
(3) R.J. Reynolds Tobacco Co.,
(4) Brown & Williamson Tobacco Co.,
(5) British American Tobacco Ltd.,
(6) Lorillard Tobacco Co.,
(7) Liggett Group Inc.,
(8) Counsel for Tobacco Research-U.S.A. and
(9) The Tobacco Institute
The Clinton administration filed the suit in 1999, and the
current Justice Department inherited it. It is currently
scheduled for trial in September 2004.
In her ruling, Judge Kessler prevented the defendants from using
a number of defense arguments to undermine the case. The
defendants assert that the government itself knew about smoking
dangers for years and did little or nothing, and in some cases
actively encouraged conduct that is key to the lawsuit.
The firms, for example, alleged in court papers that the
government encouraged development of low-tar cigarettes and is
now using that work as evidence of the alleged tobacco industry
conspiracy. The companies argued that government scientists
also once openly questioned whether smoking causes disease, AP
reports. Furthermore, the government allegedly waived its right
to bring the lawsuit because of its "silence and delay" over the
years and that the lawsuit is invalid because many witnesses are
now dead and documents unavailable.
In a 27-page opinion, Judge Kessler stated that the law
"overwhelmingly supports" the government's contention that none
of these defenses should apply in the tobacco case. The case
will now go forward without them in U.S. District Court for the
District of Columbia.
TV AZTECA: Faces Several Suits In NY Court For Insider Trading
--------------------------------------------------------------
Mexican broadcaster TV Azteca faces several shareholder class
actions filed in the U.S. District Court for the Southern
District of New York, on behalf of all purchasers of TV Azteca's
New York Stock Exchange ADRs from October 6, 2003 through
January 7, 2004 inclusive, accusing the company's chairman,
Ricardo Salinas, of insider trading, BNamericas.com reports.
The tow law firms filed the suits on behalf of minority holders
of TV Azteca's U.S.-traded securities. They claim Mr. Salinas
personally profited from insider trading in a repurchase
agreement with Canadian telecom vendor Nortel Networks for the
debt of TV Azteca's Mexican mobile operator subsidiary Unefon.
TV Azteca initially denied any links between itself and a
"white-knight" group of investors that had saved Unefon from
bankruptcy back in June of 2002 by reaching the agreement with
Nortel, BNamericas.com reports.
According to the law firms' statements, TV Azteca stonewalled
disclosure of the true facts, including ignoring advice from
their securities lawyers in the U.S., until a spin-off of Unefon
was completed in December 2002. The spin-off anticipated that
Unefon's shares would be registered to trade in the U.S. markets
facilitating a merger with Salinas' other telecoms holdings,
which include Mexican mobile operator Iusacell.
On January 9 TV Azteca revealed that the "white-knight"
investors were in fact Salinas and Unefon co-owner Moises Saba,
who made a profit of US$218 million when their privately held
company bought Unefon's debt for US$107 million and then sold it
back for US$325 million.
TV Azteca's ADRs were trading at US$7.48 each Monday afternoon,
down from Friday's close of US$7.64.
UNITED STATES: Judge Says Immigrants Wrongfully Denied Amnesty
--------------------------------------------------------------
The United States District Court in California ruled that tens
of thousands of immigrants were wrongfully turned away when they
applied for green cards under a 1986 amnesty program, The
Sacramento Bee reports.
Judge Lawrence K. Karlton signed a settlement that ended more
than 17 years of legal battle - allowing eligible immigrants to
seek legal status in the United States. Over 150,000 will be
able to participate in the arrangement, many of whom live in
California. Under the settlement, they will be given a one-year
window in which to apply for legal status.
"We are psychologically liberated today," Udham S. Mann told the
Sacramento Bee. Mr. Mann came to the United States from India
in 1981, and said he and others have hovered uncomfortably in
limbo for nearly two decades. "We have worked, paid taxes,
contributed to the economy," he said. "In spite of all this,
it's been a kind of underdog life."
The settlement allows Mr. Mann and thousands of other immigrants
to finally "emerge from that clandestine existence," Peter
Schey, the immigrants' lead attorney and president of the Center
for Human Rights and Constitutional Law, told the Sacramento
Bee. Earle Wilson, senior litigation counsel in the Department
of Justice's Office of Immigration Litigation in Washington,
declined to comment as he left the courtroom.
Under the settlement, Mr. Schey's center will also receive about
$3.2 million of the $3.6 million the government has agreed to
pay the plaintiffs' attorneys under the settlement. The center
is expected to receive an additional $1.9 million from the
government when a nearly identical case is settled in coming
days. The other case could benefit an additional 100,000
immigrants.
The immigrants represented in both cases had been disqualified
from the 1986 amnesty program because they temporarily had
traveled abroad. The amnesty program was intended to allow more
than 3 million immigrants to begin the legalization process.
Immigrants who were granted amnesty could eventually work their
way toward citizenship. To qualify, applicants had to show
their continuous presence in the United States from 1982 to May
4, 1988, when the application period closed, though "brief,
casual and innocent" absences abroad were permitted. The former
Immigration and Naturalization Service implementation
regulations, however, disqualified immigrants who had been out
of the country without prior approval of the agency, the
Sacramento Bee reports.
Ira Mehlman, a Los Angeles-based spokesman for the Federation
for American Immigration Reform, said the settlement defies
congressional intent. "Congress was very clear that, for
whatever reason you left the country during the period, that was
grounds for disqualification," he told the Sacramento Bee.
He believes the settlement will encourage more illegal
immigration to the United States. "It just reinforces the
message that the answer is never really no," he said. "If you
keep pressing long enough, the answer will eventually be yes."
UNITED STATES: Firm Files Suit Attempting To Block Acquisition
--------------------------------------------------------------
The law firm of Milberg Weiss Bershad Hynes & Lerach LLP filed a
complaint seeking class action status and to enjoin the proposed
acquisition of United States Exploration, Inc. by U.S.
Exploration's top executives, on behalf of one of its
institutional clients, Pennsylvania Avenue Event Driven Fund.
The suit alleges numerous breaches of fiduciary duty and failure
of the U.S. Exploration officers/directors to act in good faith
with regard to the proposed acquisition between U.S. Exploration
and its officers/directors, and their refusal to maximize
shareholder value or otherwise properly value the Company.
Under the proposed acquisition, each share of U.S. Exploration
would receive $2.82. The suit is being led by Pennsylvania
Avenue Event Driven Fund, a series of the Pennsylvania Avenue
Funds, a mutual fund registered with the SEC. The Fund invests
in event-driven strategies: merger arbitrage/risk arbitrage,
distressed securities, capital structure arbitrage and proxy
fights.
Specifically, the complaint alleges that instead of attempting
to obtain the highest price reasonably available for U.S.
Exploration for its shareholders, the individual defendants
spent substantial effort tailoring the structural terms of the
Acquisition to meet the specific needs of DGL Acquisition
Corporation.
The complaint claims that after the Company entered into a
merger agreement and began to solicit shareholders with its
stale "fairness opinion," the Company admitted that its prior
financial results were actually incorrect.
In detail, the complaint states that the true results show that
the Company's net income actually grew between 2001 and 2002 by
nearly 90% -- instead of a decline as originally stated.
Moreover, defendants now know the Company's results for fiscal
2003, which remain concealed to date. The complaint further
alleges that this earnings revision and the Company's fiscal
2003 results were not factored into the defendants' decision and
the fairness opinion is equally flawed as it too does not take
into account the Company's true earnings.
For more information, contact William Lerach or Darren Robbins,
by Phone: 800-449-4900, or by E-mail: wsl@milberg.com.
WAL-MART STORES: Judge Denies Certification For Overtime Lawsuit
----------------------------------------------------------------
Florida Circuit Court refused to grant class certification to a
lawsuit filed against Wal-Mart Stores, Inc., charging the retail
giant with failing to pay low-level employees for extra work,
the Associated Press reports.
Judge Glenn Hess has ruled that if the plaintiffs were able to
prove Wal-Mart shortchanged the employees, determining the
amount owed to each worker would overwhelm the court system. He
wrote that the court would face between 900 and 2,300 trials to
determine damages if even 1% of the 90,000 to 230,000 Wal-Mart
employees in Florida since 1997 joined the lawsuit.
The suit alleges that the Company's employees were forced to
work through breaks, skip meals and return to unfinished tasks
after they had clocked out. The suit asks to represent all the
hourly workers Wal-Mart stores have employed in Florida since
1997, a number Wal-Mart said would include 232,358 people.
Steve Agan, a lawyer for the plaintiffs, told AP the next step
will be to try to file a federal class action suit under the
Fair Labor Standards Act, which would limit the number of people
joining the suit to those who agreed to it in writing.
WESTERBEKE CORPORATION: Reaches Settlement for DE Investors Suit
----------------------------------------------------------------
Westerbeke Corporation reached a settlement for the class action
filed in the Court of Chancery of the State of Delaware relating
to the proposed merger with Westerbeke Acquisition Corporation
naming the Company and its directors as defendants.
The complaint alleged, among other things, that the Merger was
being advanced through unfair procedures, and that the merger
consideration offered in the Merger was grossly unfair,
inadequate and provided value to the Company's stockholders
substantially below the fair or inherent value of our company
and did not constitute maximization of stockholder value. The
complaint also alleged breaches by the defendants of their
fiduciary duties to our stockholders in connection with the
proposed merger. The lawsuit sought to enjoin the proposed
merger or, if it was completed, to recover damages.
The Company and the other defendants filed an answer to the
complaint and discovery proceeded. In December 2004, the
parties in the lawsuit entered into a Stipulation of Settlement
with respect to a proposed settlement of the lawsuit. In
connection with the proposed settlement, the consideration
payable under the Merger Agreement was increased from $3.00 to
$3.26 cash per share.
Completion of the settlement is subject to certain additional
conditions, including court approval and Merger completion.
Meetings, Conferences & Seminars
* Scheduled Events for Class Action Professionals
-------------------------------------------------
January 29, 2004
OBESITY CLAIMS
American Conference Institute
Washington
Contact: 1-888-224-2480; http://www.americanconference.com
January 29-30, 2004
ADVANCED INSURANCE COVERAGE CONFERENCE: TOP 10 ISSUES
Mealey Publications
The Philadephia Marriott, PA
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
February 2-3, 2004
EMPLOYMENT PRACTICES LIABILITY INSURANCE
American Conference Institute
New York City
Contact: 1-888-224-2480; http://www.americanconference.com
February 9-10, 2004
REDUCING LEGAL RISK IN PROMOTING & CONDUCTING CLINICAL TRIALS
American Conference Institute
New York City
Contact: 1-888-224-2480; http://www.americanconference.com
February 18-20, 2004
CIVIL PRACTICE AND LITIGATION TECHNIQUES IN FEDERAL AND STATE
COURTS
ALI-ABA
Scottsdale, Arizona
Contact: 215-243-1614; 800-CLE-NEWS x1614
February 23-24, 2004
ASBESTOS LITIGATION 101
Mealey Publications
The Westin, Philadephia
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
February 23-24, 2004
REINSURANCE 101
Mealey Publications
The Ritz-Carlton Boston Common, Boston
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
March 8-9, 2004
THE ROLE OF PARALEGALS IN MASS TORT LITIGATION
Mealey Publications
The Westin Chicago River North, Chicago
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
March 9, 2004
PATENT LITIGATION CONFERENCE
Mealey Publications
The Westin Chicago River North, Chicago
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
March 9, 2004
INSURANCE CLAIMS CONFERENCE
Mealey Publications
The Westin Chicago River North, Chicago
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
March 11-12, 2004
CONSUMER FINANCIAL SERVICES LITIGATION 2004
Practicing Law Institute
New York
Contact: 800-260-4pli; info@pli.edu
March 11-12, 2004
WELDING ROD LITIGATION CONFERENCE
Mealey Publications
Caesar's Palace, Las Vegas
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
March 18-19, 2004
SECURITIES, DRUGS & ENVIRONMENTAL LITIGATION
MassTortsMadePerfect.Com
The Fairmont, San Francisco, California
Contact: 1-800-320-2227; register@masstortsmadeperfect.com
March 22-23, 2004
INSURANCE CLAIMS CONFERENCE
Mealey Publications
The Westin Kierland, Scottsdale, AZ
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
March 22-23, 2004
EMERGING DRUGS AND DIVICES CONFERENCE FOR PLAINTIFF ATTORNEYS
Mealey Publications
The Westin Kierland, Scottsdale, AZ
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
March 22-23, 2004
DEFENSE STRATEGIES IN PHARMACEUTICAL LITIGATION CONFERENCE
Mealey Publications
The Westin Kierland, Scottsdale, AZ
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
March 22-23, 2004
INSURANCE 101 CONFERENCE
Mealey Publications
The Westin Hotel, Philadelphia
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
April 7-8, 2004
INSURANCE LAW 2004: UNDERSTANDING THE ABC'S
Practicing Law Institute
New York
Contact: 800-260-4pli; info@pli.edu
April 14-17, 2004
INSURANCE INSOLVENCY AND REINSURANCE ROUNDTABLE
Mealey Publications
The Scottsdale Princess, Scottsdale, AZ
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
April 15-16, 2004
OPINION AND EXPERT TESTIMONY IN FEDERAL AND STATE COURTS
ALI-ABA
New Orleans
Contact: 215-243-1614; 800-CLE-NEWS x1614
April 15-16, 2004
HANDLING CONSTRUCTION RISKS 2004: ALLOCATE NOW OR LITIGATE LATER
Practicing Law Institute
New York
Contact: 800-260-4pli; info@pli.edu
April 22-24, 2004
LITIGATING MEDICAL MALPRACTICE CLAIMS
ALI-ABA
New Orleans
Contact: 215-243-1614; 800-CLE-NEWS x1614
May 6-7, 2004
CONSUMER FINANCIAL SERVICES LITIGATION 2004
Practicing Law Institute
San Francisco
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May 6-7, 2004
CONFERENCE ON LIFE AND HEALTH INSURANCE LITIGATION
ALI-ABA
Washington, D.C. Tuition $995
Contact: 215-243-1614; 800-CLE-NEWS x1614
May 20-21, 2004
ACCOUNTANTS' LIABILITY
ALI-ABA
Chicago
Contact: 215-243-1614; 800-CLE-NEWS x1614
June 10 & 11, 2004
SECURITIES, DRUGS & ENVIRONMENTAL LITIGATION
MassTortsMadePerfect.Com
Atlantis, Paradise Island, Bahamas
Contact: 1-800-320-2227; register@masstortsmadeperfect.com
July 15-16, 2004
PRODUCTS LIABILITY
ALI-ABA
Chicago
Contact: 215-243-1614; 800-CLE-NEWS x1614
TBA
FAIR LABOR STANDARDS CONFERENCE
Mealey Publications
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
TBA
AIRLINE BANKRUPTCY LITIGATION CONFERENCE
Mealey Publications
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
TBA
FASTFOOD INDUSTRY LIABILITY CONFERENCE
Mealey Publications
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
* Online Teleconferences
------------------------
January 06-30, 2004
DAMAGES IN TEXAS INSURANCE LITIGATION:
EVALUATING, PLEADING, AND PROVING
CLEOnline.Com
Contact: 512-778-5665; info@cleonline.com
January 06-30, 2004
NBI PRESENTS "EMERGING ISSUES IN CALIFORNIA
INDOOR AIR QUALITY AND TOXIC MOLD LITIGATION
CLEOnline.Com
Contact: 512-778-5665; info@cleonline.com
January 06-30, 2004
NBI PRESENTS "LITIGATING THE CLASS ACTION LAWSUIT IN FLORIDA
CLEOnline.Com
Contact: 512-778-5665; info@cleonline.com
May 6-7, 2004
CONSUMER FINANCIAL SERVICES LITIGATION 2004
Practicing Law Institute
Contact: 800-260-4pli; info@pli.edu
ADVERSARIAL PROCEEDINGS IN ASBESTOS BANKRUPTCIES
LawCommerce.Com/Mealey's
Online Streaming Video
Contact: customerservice@lawcommerce.com
ASBESTOS BANKRUPTCY - PANEL OF CREDITORS COMMITTEE MEMBERS
LawCommerce.Com/Mealey's
Online Streaming Video
Contact: customerservice@lawcommerce.com
EXPERT WITNESS ADMISSIBILITY IN MOLD CASES
LawCommerce.Com/Mealey's
Online Streaming Video
Contact: customerservice@lawcommerce.com
INTRODUCTION TO CLASS ACTIONS AND LARGE RECOVERIES
Big Class Action
Contact: seminars@bigclassaction.com
NON-TRADITIONAL DEFENDANTS IN ASBESTOS LITIGATION
Online Streaming Video
LawCommerce.Com/Mealey's
Contact: customerservice@lawcommerce.com
PAXIL LITIGATION
Online Streaming Video
LawCommerce.Com/Mealey's
Contact: customerservice@lawcommerce.com
RECENT DEVELOPMENTS INVOLVING BAYCOL
Online Streaming Video
LawCommerce.Com/Mealey's
Contact: customerservice@lawcommerce.com
RECOVERIES
Big Class Action
Contact: seminars@bigclassaction.com
SELECTION OF MOLD LITIGATION EXPERTS: WHO YOU NEED ON YOUR TEAM
Online Streaming Video
LawCommerce.Com/Mealey's
Contact: customerservice@lawcommerce.com
SHOULD I FILE A CLASS ACTION?
LawCommerce.Com / Law Education Institute
Contact: customerservice@lawcommerce.com
THE EFFECTS OF ASBESTOS ON THE PULMONARY SYSTEM
Online Streaming Video
LawCommerce.Com/Mealey's
Contact: customerservice@lawcommerce.com
THE STATE OF ASBESTOS LITIGATION: JUDICIAL PANEL DISCUSSION
Online Streaming Video
LawCommerce.Com/Mealey's
Contact: customerservice@lawcommerce.com
TRYING AN ASBESTOS CASE
LawCommerce.Com
Contact: customerservice@lawcommerce.com
THE IMPACT OF LORILLAR ON STATE AND LOCAL REGULATION OF TOBACCO
SALES
AND ADVERSTISING
American Bar Association
Contact: 800-285-2221; abacle@abanet.org
________________________________________________________________
The Meetings, Conferences and Seminars column appears in the
Class Action Reporter each Wednesday. Submissions via e-mail to
carconf@beard.com are encouraged.
New Securities Fraud Cases
ADVANCED MARKETING: Brodsky & Smith Lodges Securities Suit in CA
----------------------------------------------------------------
The law offices of Brodsky & Smith, LLC initiated a securities
class action lawsuit in the United States District Court for the
Southern District of California, on behalf of shareholders who
purchased the common stock and other securities of Advanced
Marketing Services, Inc., between January 16, 1999 and January
13, 2004 inclusive.
On January 14, 2004, the Company announced that it would restate
its previously filed financial statements for the fiscal years
in the five-year period ended March 31, 2003. The Complaint
alleges that defendants violated federal securities laws by
issuing a series of material misrepresentations to the market
during the Class Period, thereby artificially inflating the
price of Advanced Marketing Services securities.
For more information, contact Marc L. Ackerman, or Evan J.
Smith, by Mail: Two Bala Plaza, Suite 602, Bala Cynwyd, PA
19004, by Phone: toll free 877-LEGAL-90, or by E-mail:
clients@brodsky-smith.com.
ALAMOSA HOLDINGS: Milberg Weiss Files Securities Suit in N.D. TX
----------------------------------------------------------------
Milberg Weiss Bershad Hynes & Lerach LLP initiated a class
action lawsuit in the United States District Court for the
Northern District of Texas before the Honorable David Godbey, on
behalf of purchasers of the securities of Alamosa Holdings, Inc.
between January 9, 2001 and June 13, 2002, inclusive, seeking to
pursue remedies under the Securities Exchange Act of 1934,
against the Company, and:
(1) David E. Sharbutt,
(2) Steven A. Richardson, and
(3) Kendall W. Cowan
According to the complaint, defendants violated sections 10(b)
and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5
promulgated thereunder, by issuing a series of material
misrepresentations to the market between January 9, 2001 and
June 13, 2002.
The complaint alleges that during the Class Period, Alamosa
Holdings reported quarter after quarter of record results in
publicly disseminated press releases and SEC filings. Defendants
claimed that the strong results were attributable to Alamosa's
strategic relationship with Sprint PCS and the record growth in
the number of subscribers in Sprint's wireless mobility
communications network services provided by Alamosa throughout
its territories. Defendants were motivated to create favorable
conditions for Alamosa to complete several offerings of the
Company's, and its affiliates', securities.
Unbeknownst to the public, however, the Company's purportedly
strong subscriber growth rate was achieved by extending credit
to non-creditworthy customers. This resulted in a material
number of involuntary disconnections, which more than offset
gross subscriber increases, and the impairment of the Company's
receivables, which impairment the Company did not disclose. Once
the Company began using higher credit standards for sub-prime
customers and requiring that they pay an initial deposit, the
Company experienced lower subscriber growth, which had a
materially negative impact on its revenues and earnings. As a
result, during the Class Period, the price of Alamosa securities
was artificially inflated, causing injury to plaintiff and other
members of the Class.
On June 13, 2002, the last day of the Class Period, Alamosa
disclosed in a press release that it was revising its guidance
on net subscriber additions for the second quarter of 2001
downward to approximately 15,000 to 25,000 from 30,000 to
35,000, and that its churn rate had increased from 3.1 to 3.5%.
In the release, defendants "attribute(d) the lower subscriber
growth to several factors, including more competitive sales
conditions, reduced additions of sub-prime customers as a result
of the new deposit requirement, and a general expectation of
slower subscriber growth in the second quarter."
For more information, contact Steven G. Schulman, Peter E.
Seidman, or Andrei V. Rado, by Mail: One Pennsylvania Plaza,
49th fl., New York, NY, 10119-0165, by Phone: (800) 320-5081, or
by E-mail: alamosa@milberg.com.
ALAMOSA HOLDINGS: Goodkind Labaton Files Securities Suit in TX
--------------------------------------------------------------
Goodkind Labaton Rudoff & Sucharow LLP initiated a class action
lawsuit in the United States District Court for the Northern
District of Texas against Alamosa and certain officers and
directors, on behalf of persons who purchased or otherwise
acquired publicly traded securities of Alamosa Holdings Inc.
between January 9, 2001 and June 13, 2002, inclusive.
The complaint alleges that during the Class Period Alamosa
issued numerous misleading statements. Specifically, these
statements were false and misleading as they misrepresented or
omitted that the Company was increasing its subscriber base by
relaxing its credit criteria for new customers, that the company
was in fact experiencing high involuntary disconnections related
to its high credit risk customers, and as a result was carrying
tens of millions of dollars of impaired receivables on its
financial statements and that as a result of tightening its
credit policies, the company experienced lower subscription
growth.
For more information, contact Christopher Keller, by Phone:
800-321-0476.
BIOPURE CORPORATION: Emerson Poynter Files Securities Suit in MA
----------------------------------------------------------------
The law firm of Emerson Poynter LLP, initiated a class action
lawsuit in the United States District Court for the District of
Massachusetts, on behalf of persons who purchased or otherwise
acquired publicly traded securities of Biopure Corporation
between March 17, 2003 and December 24, 2003, inclusive, against
defendants Biopure Corporation, and:
(1) Thomas A. Moore,
(2) Carl W. Rausch, and
(3) Ronald F. Richards.
The complaint alleges that during the Class Period, Defendants
issued numerous positive statements concerning the progress of
its application to the U.S. Food and Drug Administration seeking
regulatory approval to market Hemopure in the United States for
patients undergoing orthopedic surgery.
In truth however, the FDA had informed Defendants of flaws in
the Hemopure application, citing "safety concerns" arising from
adverse clinical data submitted with the company's application.
The "safety concerns" made FDA approval of Hemopure highly
unlikely. Prior to the disclosure of these facts, Defendants
conducted at least two offerings of Biopure common stock and
insiders sold hundreds of thousands of Biopure common shares at
artificially inflated prices.
On December 24, 2003, under the threat of civil litigation by
the Securities and Exchange Commission, Defendants announced
that in fact the FDA had halted further clinical trials of
Hemopure due to safety concerns. Defendants also disclosed that
commercial release of Hemopure in the United States would be
delayed beyond mid-2004. The market reaction to these
disclosures was swift and dramatic. On December 26, 2003, the
share price of Biopure plummeted, falling 16%, to close at $2.43
per share.
For more information, contact Scott E. Poynter, Investor
Relations Department, by Mail: 1509 Louisiana, Suites C & D,
Little Rock, AR 72202-5094, by Phone: Toll-free
1 (800) 663-9817, or by E-mail: shareholder@emersonfirm.com.
BIOPURE CORPORATION: Rabin Murray Launches Securities Suit in MA
----------------------------------------------------------------
Rabin, Murray & Frank LLP initiated a Class Action lawsuit in
the United States District Court for the District of
Massachusetts, on behalf of a class consisting of all persons
who purchased securities of Biopure Corporation between March
17, 2003 and December 24, 2003, inclusive, against the Company
and:
(1) Thomas A. Moore,
(2) Carl W. Rausch, and
(3) Ronald F. Richards
The lawsuit alleges that Defendants violated Sections 10(b) and
20(a) of the Securities Exchange Act of 1934, and Rule 10b-5
promulgated thereunder. The complaint alleges that defendants
issued a number of positive statements regarding the progress of
Biopure's application for regulatory approval to market Hemopure
in the United States, which was submitted to the U.S. Food and
Drug Administration. Hemopure is a drug for patients undergoing
orthopedic surgery. In fact, by the beginning of the Class
Period, the FDA had informed defendants of flaws in the Hemopure
application, making FDA approval highly unlikely, including
"safety concerns" arising from adverse clinical data submitted
as part of the Company's application. Yet, before defendants
disclosed these adverse facts, they conducted at least two
offerings of Biopure common stock and generated millions of
dollars in proceeds. Additionally, certain high-level Biopure
insiders sold hundreds of thousands of Biopure common shares at
artificially inflated prices.
For more information, contact Eric J. Belfi, or Greg Linkh, by
Mail: (800) 497-8076, or (212) 682-1818, Fax: (212) 682-1892, or
by E-mail: email@rabinlaw.com.
CAREER EDUCATION: Lasky & Rifkind Lodges Securities IL Lawsuit
--------------------------------------------------------------
The law firm of Lasky & Rifkind, Ltd., initiated a class action
lawsuit in the United States District Court for the Northern
District of Illinois, on behalf of persons who purchased or
otherwise acquired publicly traded securities of Career
Education Corporation between January 28, 2003 and December 2,
2003, inclusive, against the Company and:
(1) John M. Larson, and,
(2) Patrick K. Pesch
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. Specifically the complaint alleges that
the defendants' statements were materially false and misleading
because they failed to disclose and or misrepresented that the
company's strong financial growth was a product of inflated
student records, that student records were falsified in order to
show a higher rate of enrollment, retention and graduation, and
that the Company forced its employees to falsify such records.
The truth concerning the company's record growth began to emerge
on November 11, 2003, when the Record, A Bergen County New
Jersey newspaper, reported that a former director of Gibbs
College, a school owned by the defendants, had filed a lawsuit
against the company. The former director accused the defendants
of falsifying student records to show higher enrollment.
On this news, shares of Career Education fell more than 13% or
$7.10 to $45.18. Then on December 3, 2003, The Santa Barbara
News-Press reported that another former employee at a school
owned by the defendants had filed another lawsuit alleging that
defendants falsified student records. On news of this, shares of
Career Education fell nearly 28% or $15.28 per share to close at
$39.48 on December 3, 2003.
For more information, contact (800) 495-1868 to speak with an
advisor.
DEUTSCHE BANK: Schiffrin & Barroway Files Securities Suit in NY
---------------------------------------------------------------
The law firm of Schiffrin & Barroway, LLP initiated a class
action lawsuit in the United States District Court for the
Southern District of New York, on behalf of all purchasers,
redeemers and holders of shares of Scudder 21st Century Growth
Fund (Nasdaq: SCNAX, SCNBX, SCNCX), Scudder Aggressive Growth
Fund (Nasdaq: KGGAX, KGGBX, KGGCX), Scudder Blue Chip Fund
(Nasdaq: KBCAX, KBCBX, KBCCX), Scudder Capital Growth Fund
(Nasdaq: SDGAX, SDGBX, SDGCX, SDGRX, SDGTX), Scudder Dynamic
Growth Fund (Nasdaq: KSCAX, KSCBX, KSCCX), Scudder Flag
Investors Communications Fund (Nasdaq: TISHX, FTEBX, FTICX,
FLICX), Scudder Global Biotechnology Fund (Nasdaq: DBBTX, DBBBX,
DBBCX), and other Scudder Mutual Funds, as described below,
which are managed by Deutsche Bank from January 22, 1999 through
January 12, 2004, inclusive.
The following Scudder Funds are part of this class action:
(1) Scudder 21st Century Growth Fund (Sym: SCNAX, SCNBX,
SCNCX)
(2) Scudder Aggressive Growth Fund (Sym: KGGAX, KGGBX,
KGGCX)
(3) Scudder Blue Chip Fund (Sym: KBCAX, KBCBX, KBCCX)
(4) Scudder Capital Growth Fund (Sym: SDGAX, SDGBX, SDGCX,
SDGRX, SDGTX)
(5) Scudder Dynamic Growth Fund (Sym: KSCAX, KSCBX,
KSCCX)
(6) Scudder Flag Investors Communications Fund (Sym:
TISHX, FTEBX, FTICX, FLICX)
(7) Scudder Global Biotechnology Fund (Sym: DBBTX, DBBBX,
DBBCX)
(8) Scudder Gold & Precious Metals Fund (Sym: SGDAX,
SGDBX, SGDCX)
(9) Scudder Growth Fund (Sym: KGRAX, KGRBX, KGRCX)
(10) Scudder Health Care Fund Sym: SUHAX, SUHBX, SUHCX)
(11) Scudder Large Company Growth Fund (Sym: SGGAX, SGGBX,
SGGCX, SCQRX)
(12) Scudder Micro Cap Fund (Sym: SMFAX, SMFBX, SMFCX,
MGMCX, MMFSX)
(13) Scudder Mid Cap Fund (Sym: SMCAX, SMCBX, SMCCX,
SMCRX, BTEAX, BTCAX)
(14) Scudder Small Cap Fund (Sym: SSDAX, SSDBX, SSDCX,
SSDRX, BTSCX)
(15) Scudder Strategic Growth Fund (Sym: SCDAX, SCDBX,
SCDCX, SCDIX)
(16) Scudder Technology Fund (Sym: KTCAX, KTCBX, KTCCX,
KTCIX)
(17) Scudder Technology Innovation Fund (Sym: SRIAX,
SRIBX, SRICX)
(18) Scudder Top 50 US Fund (Sym: FAUSX, FBUSX, FCUSX)
(19) Scudder Contrarian Fund (Sym: KDCAX, KDCBX, KDCCX,
KDCRX)
(20) Scudder-Dreman Financial Services Fund (Sym: KDFAX,
KDFBX, KDFCX)
(21) Scudder-Dreman High Return Equity Fund (Sym: KDHAX,
KDHBX, KDHCX, KDHRX, KDHIX)
(22) Scudder-Dreman Small Cap Value Fund (Sym: KDSAX, KDSBX,
KDSCX, KDSRX, KDSIX)
(23) Scudder Flag Investors Equity Partners Fund (Sym:
FLEPX, FEPBX, FEPCX, FLIPX)
(24) Scudder Growth & Income Fund (Sym: SUWAX, SUWBX,
SUWCX, SUWRX, SUWIX)
(25) Scudder Large Company Value Fund (Sym: SDVAX, SDVBX,
SDVCX)
(26) Scudder-RREEF Real Estate Securities Fund (Sym: RRRAX,
RRRBX, RRRCX, RRRSX, RRRRX)
(27) Scudder Small Company Stock Fund (Sym: SZCAX, SZCBX,
SZCCX)
(28) Scudder Small Company Value Fund (Sym: SAAUX, SABUX,
SACUX)
(29) Scudder Tax Advantaged Dividend Fund (Sym: SDDAX,
SDDBX, SDDCX, SDDGX)
(30) Scudder Flag Investors Value Builder Fund (Sym:
FLVBX, FVBBX, FVBCX, FLIVX)
(31) Scudder Focus Value+Growth Fund (Sym: KVGAX, KVGBX,
KVGCX)
(32) Scudder Lifecycle Mid Range Fund (Sym: BTLRX)
(33) Scudder Lifecycle Long Range Fund (Sym: BTILX, BTAMX)
(34) Scudder Lifecycle Short Range Fund (Sym: BTSRX)
(35) Scudder Pathway Conservative Portfolio (Sym: SUCAX,
SUCBX, SUCCX)
(36) Scudder Pathway Growth Portfolio (Sym: SUPAX, SUPBX,
SUPCX)
(37) Scudder Pathway Moderate Portfolio (Sym: SPDAX,
SPDBX, SPDCX)
(38) Scudder Retirement Fund Series V (Sym: KRFEX)
(39) Scudder Retirement Fund Series VI (Sym: KRFGX)
(40) Scudder Retirement Fund Series VII (Sym: KRFGX)
(41) Scudder Target 2010 Fund (Sym: KRFBX)
(42) Scudder Target 2012 Fund (Sym: KRFCX)
(43) Scudder Target 2013 Fund (Sym: KRFDX)
(44) Scudder Total Return Fund (Sym: KTRAX, KTRBX, KTRCX,
KTRGX)
(45) Scudder Emerging Markets Growth Fund (Sym: SEKAX,
SEKBX, SEKCX)
(46) Scudder Emerging Markets Income Fund (Sym: SZEAX,
SZEBX, SZECX)
(47) Scudder European Equity Fund (Sym: DBEAX, DBEBX, DBECX,
MEUEX, MEUVX)
(48) Scudder Global Fund (Sym: SGQAX, SGQBX, SGQCX, SGQRX)
(49) Scudder Global Bond Fund (Sym: SZGAX, SZGBX, SZGCX)
(50) Scudder Global Discovery Fund (Sym: KGDAX, KGDBX,
KGDCX)
(51) Scudder Greater Europe Growth Fund (Sym: SERAX,
SERBX, SERCX)
(52) Scudder International Fund (Sym: SUIAX, SUIBX,
SUICX)
(53) Scudder International Equity Fund (Sym: DBAIX, DBBIX,
DBCIX, BEIIX, BEITX, BTEQX)
(54) Scudder International Select Equity Fund (Sym: DBISX,
DBIBX, DBICX, DBITX, MGINX, MGIVX, MGIPX)
(55) Scudder Japanese Equity Fund (Sym: FJEAX, FJEBX,
FJECX)
(56) Scudder Latin America Fund (Sym: SLANX, SLAOX, SLAPX)
(57) Scudder New Europe Fund (Sym: KNEAX, KNEBX, KNECX,
KNEIX)
(58) Scudder Pacific Opportunities Fund (Sym: SPAOX,
SBPOX, SPCCX)
(59) Scudder Worldwide 2004 Fund (Sym: KWIVX)
(60) Scudder Fixed Income Fund (Sym: SFXAX, SFXBX, SFXCX,
SFXRF, MFINX, MFISX)
(61) Scudder High Income Plus Fund (Sym: MGHYX, MGHVX,
MGHPX)
(62) Scudder High Income Fund (Sym: KHYAX, KHYBX, KHYCX,
KHYIX)
(63) Scudder High Income Opportunity Fund (Sym: SYOAX,
SYOBX, SYOCX)
(64) Scudder Income Fund (Sym: SZIAX, SZIBX, SZICX)
(65) Scudder PreservationPlus Fund (Sym: BTPIX, BTPSX)
(66) Scudder PreservationPlus Income Fund (Sym: PPIAX,
PPLCX, DBPIX)
(67) Scudder Short Term Bond Fund (Sym: SZBAX, SZBBX,
SZBCX
(68) Scudder Short Duration Fund (Sym: SDUAX, SDUBX,
SDUCX, MGSFX)
(69) Scudder Strategic Income Fund (Sym: KSTAX, KSTBX,
KSTCX)
(70) Scudder US Government Securities Fund (Sym: KUSAX,
KUSBX, KUSCX)
(71) Scudder California Tax-Free Income Fund (Sym: KCTAX,
KCTBX, KCTCX)
(72) Scudder Florida Tax-Free Income Fund (Sym: KFLAX,
KFLBX, KFLCX)
(73) Scudder High Yield Tax-Free Fund (Sym: NOTAX,
NOTBX, NOTCX, NOTIX)
(74) Scudder Intermediate Tax/AMT Free Fund (Sym: SZMAX,
SZMBX, SZMCX)
(75) Scudder Managed Municipal Bond Fund (Sym: SMLAX,
SMLBX, SMLCX, SMLIX)
(76) Scudder Massachusetts Tax-Free Fund (Sym: SQMAX,
SQMBX, SQMCX)
(77) Scudder Municipal Bond Fund (Sym: MGMBX, MMBSX)
(78) Scudder New York Tax-Free Income Fund (Sym: KNTAX,
KNTBX, KNTCX)
(79) Scudder Short Term Municipal Bond Fund (Sym: SRMAX,
SRMBX, SRMCX, MGSMX, MSMSX)
(80) Scudder EAFE r Equity Index Fund (Sym: BTAEX, BTIEX)
(81) Scudder Equity 500 Index Fund (Sym: BTIIX)
(82) Scudder S&P 500 Stock Fund (Sym: KSAAX, KSABX, KSACX)
(83) Scudder Select 500 Fund (Sym: OUTDX, OUTBX, OUTBX,
OUTRX
(84) Scudder US Bond Index Fund (Sym: BTUSX )
(85) Scudder Cash Reserves Fund
The complaint charges Deutsche Bank, Scudder Investments,
Deutsche Investment Management Americas Inc., Deutsche Asset
Management, Inc., the Fund Registrants, Scudder Funds, and the
Doe Defendants with violations of the Securities Act of 1933,
the Securities Exchange Act of 1934, the Investment Company Act
of 1940, and for common law breach of fiduciary duties. The
Complaint alleges that during the Class Period the defendants
engaged in illegal and improper trading practices, in concert
with certain institutional traders, which caused financial
injury to the shareholders of the Scudder Mutual Funds.
According to the Complaint, the Defendants surreptitiously
permitted certain favored investors, including the Doe
Defendants, to illegally engage in "timing" of the Scudder
Mutual Funds whereby these favored investors were permitted to
conduct short-term, "in and out" trading of mutual fund shares,
despite explicit restrictions on such activity in the Scudder
Mutual Funds' prospectuses.
For more information, contact Marc A. Topaz, or Stuart L.
Berman, 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.
DYNACQ HEALTHCARE: Kirby McInerney Files Securities Suit in TX
--------------------------------------------------------------
Kirby McInerney & Squire, LLP initiated a class action lawsuit
in the United States District Court for the Southern District of
Texas, on behalf of all purchasers of Dynacq Healthcare, Inc.
securities during the period from January 14, 2003 through
December 18, 2003, inclusive.
The action charges Dynacq and certain of its senior officers
with violations of Sections 10(b) and Rule 10b-5 of the
Securities Exchange Act of 1934. The alleged violations stem
from the dissemination of false and misleading statements, which
had the effect -- during the Class Period -- of artificially
inflating the price of Dynacq's shares.
Investors allege that during the class period the Company had
materially overstated its earnings, revenues, net income, and
earnings per share in violation of Generally Accepted Accounting
Principles.
For more information, contact Pamela E. Kulsrud, or Vivian Lee,
By Mail: 830 Third Avenue, 10th Floor, New York, New York
10022, by Phone: (212) 317-2300 or toll free (888) 529-4787, or
by E-mail: vlee@kmslaw.com.
DYNACQ HEALTHCARE: Emerson Poynter Lodges Securities Suit in TX
---------------------------------------------------------------
Emerson Poynter LLP, initiated a securities class action in the
United States District Court for the Southern District of Texas,
Houston Division, on behalf of all those who purchased or
acquired the securities of Dynnacq Healthcare, Inc.
(NasdaqNM:DYIIE) and formerly (NasdaqNM:DYII) During the period
from January 14, 2003 and December 18, 2003, inclusive. The
Complaint names Dynacq healthcare, Inc., Philip S. Chan, and
Chiu M. Chan as defendants.
The Complaint alleges, inter alia, that the defendants
fraudulently certified that Dynacq's financial statements for
the first three quarters of fiscal 2003 were compiled in
compliance with Generally Accepted Accounting Principles (GAAP).
The truth was first revealed beginning on December 2,
2003, when the Company announced that it was requesting an
automatic extension of up to 15 days to file its Form 10-K for
fiscal year ended August 31, 2003 with the SEC. On December 18,
2003, the Company announced that its independent auditor, Ernst
& Young LLP, had resigned due to the Company's "lack of internal
controls necessary to develop reliable financial statements."
Also on December 18, 2003, the Company announced that it had
received a Nasdaq Staff Determination stating that Dynacq's
stock could be delisted on December 30, 2003 due to Dynacq's
failure to file its fiscal year 2003 10-K in a timely manner.
Finally, on December 18, 2003, the Company announced that it had
received notice that the SEC was conducting an investigation
into Dynacq's reporting of its financial statements, revenue and
cost recognition, allowances for doubtful accounts, and internal
financial and accounting controls.
The market reacted negatively to these disclosures. Dynacq
shares, after trading during the Class Period at a high of
$27.37 per share, plummeted to a low of just $4.09 per share on
December 19, 2003.
For more details, contact Emerson Poynter LLP, Investor
Relations Department by Mail: 830 Apollo Lane, Houston, Texas
77058 by Phone: (800) 663-9817 or by E-mail:
shareholder@emersonfirm.com
DYNACQ HEALTHCARE: Schatz & Nobel Lodges Securities Suit in TX
--------------------------------------------------------------
The law firm of Schatz & Nobel, LLP initiated a lawsuit seeking
class action status in the United States District Court for the
Southern District of Texas, on behalf of all persons who
purchased the common stock of Dynacq Healthcare, Inc. from
January 14, 2003 through December 18, 2003, inclusive.
The Complaint alleges that Dynacq and certain of its officers
and directors fraudulently certified that Dynacq's financial
statements were compiled in compliance with Generally Accepted
Accounting Principals.
On December 2, 2003, Dynacq announced that it was requesting an
automatic extension of up to 15 days to file its 2003 Form 10-K.
On December 18, 2003, Dynacq announced that its auditor, Ernst &
Young LLP, had resigned due to the Company's "lack of internal
controls necessary to develop reliable financial statements."
Dynacq also announced that Nasdaq would delist the Company's
stock due to Dynacq's failure to file its fiscal year 2003 10-K
in a timely manner. Finally, on December 18, 2003, the Company
announced that it had received notice that the SEC was
conducting an investigation into Dynacq's reporting of its
financial statements, revenue and cost recognition, allowances
for doubtful accounts, and internal financial and accounting
controls. On this news, Dynacq shares, which traded as high as
$27.37 per share during the Class Period, plummeted to $4.09 per
share on December 19, 2003.
For more information, contact Nancy A. Kulesa, by Phone:
(800) 797-5499, by E-mail: sn06106@aol.com, or visit the firm's
Website: http://www.snlaw.net.
EDWARD D. JONES: Stanley Mandel Lodges Securities Lawsuit in MO
---------------------------------------------------------------
The law firm of Stanley, Mandel & Iola, LLP initiated a
securities lawsuit in the Circuit Court of St. Louis City, Mo.,
against Edward D. Jones & Co., L.P., on behalf of all Edward
Jones clients who held securities of any of Edward Jones'
"preferred" mutual fund families between Jan. 9, 1999, and Jan.
9, 2004.
The lawsuit generally alleges that Edward Jones breached its
fiduciary duties and was unjustly enriched by secretly
collecting in excess of $100 million per year in continuing and
undisclosed kickbacks from the "preferred" funds if Edward
Jones' clients held any mutual fund offered by one of its seven
"preferred" fund families. The "preferred" funds are:
(1) American Funds
(2) Federated Funds
(3) Goldman Sachs Funds
(4) Hartford Mutual Funds
(5) Lord Abbett Funds
(6) Putnam Funds; and
(7) Van Kampen Funds
The complaint alleges that unbeknownst to its clients, the
mutual fund families on Edward Jones' "preferred" list are not
there because of any purported "commitment to service, long-term
investment objectives and long-term performance." Rather, they
are on the list because they make substantial, undisclosed
kickbacks to Edward Jones so long as its clients hold their
investments in the "preferred" funds. These secret kickbacks
provide substantial, recurring compensation to Edward Jones, its
branch managers and its investment consultants while creating
undisclosed and continuing conflicts of interest in that Edward
Jones has a secret incentive to encourage and convince its
clients to hold investments in the "preferred" fund families for
as long as possible regardless of changes in circumstances that
would otherwise cause a truly objective financial advisor to
recommend that its clients sell such investments.
For more information, contact Mathew J. Zevin of
Stanley, Mandel & Iola, L.L.P., by Phone: 619-235-5306, or E-
mail: mzevin@smi-law.com; Kirk B. Hulett of Hulett Harper
Stewart L.L.P., by Phone: 619-338-1133, or E-mail:
kbh@hulettharper.com; Wayne T. Lamprey of Goodin, MacBride,
Squieri, Ritchie & Day, L.L.P., by Phone: 415-392-7900, or E-
mail: Wlamprey@gmssr.com; or Christopher O. Bauman of Blitz,
Bardgett & Deutsch, L.C., by Phone: 314-863-1500, or by E-mail:
cbauman@blitzbardgett.com.
MARSH & MCLENNAN: Kaplan Fox Launches Securities Suit in S.D. NY
----------------------------------------------------------------
The law firm of Kaplan Fox & Kilsheimer LLP initiated a class
action suit against Marsh & McLennan Companies, Inc. and certain
of its officers and directors, in the United States District
Court for the Southern District of New York, on behalf of all
persons and entities, other than defendants, who purchased Marsh
& McLennan common stock between January 3, 2000 and November 3,
2003, inclusive.
The complaint alleges that defendants were engaged in an
unlawful and deceitful course of conduct designed to improperly
financially advantage defendants to the detriment of plaintiff
and the other members of the Class. During the Class Period,
defendants violated the federal securities laws by disseminating
materially false and misleading information to the public
concerning Putman Investments, LLC, a Marsh & McLennan
subsidiary. In clear breach of their disclosure obligations,
defendants failed to disclose that Putnam allowed select favored
customers, and its own fund managers, to engage in market timing
(or rapid in-and-out trading) in certain Putnam mutual funds. It
is alleged that defendants engaged in this wrongful activity in
exchange for substantial fees and other income.
For more information, contact Frederic S. Fox, Esq., Donald R.
Hall, by Mail: 805 Third Avenue, 22nd Floor, New York, NY 10022,
by Phone: (800) 290-1952, Fax: (212) 687-7714, or E-mail:
mail@kaplanfox.com.
ROYAL DUTCH: Milberg Weiss Launches Securities Fraud Suit in NJ
---------------------------------------------------------------
Milberg Weiss Bershad Hynes & Lerach, LLP initiated a class
action lawsuit in the United States District Court for the
District of New Jersey, on behalf of purchasers of the
securities, including the common stock traded in overseas
markets and the American Depository Receipts trading on the
NYSE, of Royal Dutch Petroleum Company and/or The Shell
Transport and Trading Company, PLC between December 3, 1999 and
January 9, 2004, inclusive, seeking to pursue remedies under the
Securities Exchange Act of 1934, against defendants Royal Dutch,
and:
(1) Shell Transport,
(2) Shell Petroleum N.V.,
(3) the Shell Petroleum Limited,
(4) Maarten van der Bergh,
(5) Judy Boynton,
(6) Malcolm Brinded,
(7) S.L. Miller,
(8) Harry J.M. Roels,
(9) Paul D. Skinner,
(10) M. Moody- Stuart,
(11) Jeroen van der Veer, and
(12) Philip R. Watts.
According to the complaint, defendants violated sections 10(b)
and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5
promulgated thereunder by the Securities and Exchange
Commission, and all amendments thereto by issuing a series of
material misrepresentations to the market during the Class
Period.
The complaint alleges that defendants' deliberately violated
accounting rules and guidelines relating to oil and gas reserves
which resulted in a shocking and unprecedented overstatement of
oil and gas reserves, the eventual disclosure of which damaged
purchasers of Royal Dutch and Shell Transport securities and
rocked the investment community. The complaint alleges that
Royal Dutch and Shell Transport had classified and reported, in
SEC filings and other public documents, certain reserves as
"proved reserves" from a project off the western coast of
Australia called the Gorgon Joint Venture, and various projects
in Nigeria. In fact, unbeknownst to investors, the reserves did
not meet SEC and industry requirements necessary to be
classified as "proved," and were improperly reported as proved
reserves in Royal Dutch's and Shell Transport's financial
reports, thereby materially artificially inflating a key measure
of the companies' financial position and competitive standing.
As a result of these material misrepresentations, Royal Dutch
and Shell Transport's true value in the marketplace was severely
overstated and misunderstood.
On January 9, 2004, Royal Dutch announced that it was going to
write-down its proved oil and gas reserves by 20%, or 3.9
billion barrels, from 19.5 billion barrels to 15.6 billion
barrels. The write-down:
(i) cut Shell's reserve life from 13.4 years to 10.6 years;
(ii) increased its worldwide 5-year average reserve
replacement cost per barrel from $5.49 to $12.57 --
$7.06, or 128% greater than the industry average of
$5.51;
(iii) increased Shell's finding and development costs to
$7.90 per barrel -- well above the costs of its
competitors; and
(iv) reduced Shell's Appraised Net Worth downward by up to
7.1%, or $9.6 billion.
Following the announcement, Royal Dutch ADRs fell 7.87% from
$52.76 to $48.61 on the NYSE and Royal Dutch ordinary shares
fell by 7.10% from the U.S. equivalent of $52.91 to $49.15 on
the Amsterdam exchange. Shell Transport ADRs were down 6.96%
from $44.81 to $41.69 on the NYSE and Shell Transport ordinary
shares were down 6.84% on the London exchange from the U.S.
equivalent of $7.36 to $6.86. In addition, Moody's placed the
Aaa rating of Royal Dutch and Shell Transport under review for
possible downgrade because the write-down materially and
adversely affected the companies' reserves-to-debt ratio.
Following the belated disclosure, most analysts and commentators
concluded that, because of the magnitude of the write-down and
the clear SEC and industry guidelines relating to reserve
classification, the reserve overstatements could not have been a
result of error or accident, but rather, that the reserves were
knowingly overstated to preserve the companies' credit rating
and to shore up their competitive position.
For more information, contact Steven G. Schulman, Peter E.
Seidman, or Andrei V. Rado, by Mail: One Pennsylvania Plaza,
49th fl., New York, NY, 10119-0165, by Phone: (800) 320-5081, by
E-mail: shell@milberg.com, or visit the firm's Website:
http://www.milberg.com.
TV AZTECA: Schiffrin & Barroway Files Securities Suit in S.D. NY
----------------------------------------------------------------
The law firm of Schiffrin & Barroway, LLP initiated a class
action lawsuit in the United States District Court for the
Southern District of New York, on behalf of all purchasers of
the of Television Azteca SA de CV from October 6, 2003 through
January 7, 2004, inclusive.
During the Class Period defendants failed to disclose certain
related- party transactions between a privately-held company
jointly owned by the Company's Chairman, Ricardo Salinas Pliego
and the Company's President, M. Saba Masri and one of the
Company's affiliates -- Unefon Corporacion RBS, a wireless
telecommunications provider in Mexico. Specifically, defendants
denied any affiliation with a "white-knight" group of investors
that had saved Unefon from bankruptcy back in June of 2002.
Defendants stonewalled disclosure of the true facts, including
ignoring advice from their securities lawyers in the U.S., until
a spin-off of Unefon was completed in December 2002. The spin-
off anticipated that Unefon's shares would be registered to
trade in the U.S. markets facilitating a merger with Salinas'
other telecommunications holdings. Then, on January 9, 2004,
defendants stunned the markets by admitting that the "white-
knight" investors were in fact Salinas and Saba who made a
profit of $218 million when their privately-held company bought
Unefon's debt for $107 million and then sold it back for $325
million.
Market reaction to defendants' belated disclosures was severe.
By January 12, 2004, the first day of trading following the
Company's admission, the price of TV Azteca securities fell more
than 14.9 percent in value to close at $7.76 per share in heavy
trading volume.
For more information, contact Marc A. Topaz, or Stuart L.
Berman, 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.
*********
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via e-mail to carconf@beard.com are encouraged.
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news on asbestos-related litigation and profiles of target
asbestos defendants that, according to independent researches,
collectively face billions of dollars in asbestos-related
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http://litigationdatasource.com/asbestos_defendant_profiles.html
*********
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., Fairless Hills,
Pennsylvania, USA, and Beard Group, Inc., Frederick, Maryland
USA. Roberto Amor, Aurora Fatima Antonio and Lyndsey Resnick,
Editors.
Copyright 2004. All rights reserved. ISSN 1525-2272.
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