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Shareholder Class Action Filed Against GPC Biotech AG
Class Action News |
2007/08/24 09:00
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The following statement was issued today by the law firm of Schiffrin Barroway Topaz & Kessler, LLP: Notice is hereby given that a class action lawsuit was filed in the United States District Court for the Southern District of New York on behalf of all purchasers of securities of GPC Biotech AG ("GPC" or the "Company") from December 5, 2005 through July 24, 2007, inclusive (the "Class Period"). If you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Schiffrin Barroway Topaz & Kessler, LLP (Darren J. Check, Esq. or Richard A. Maniskas, Esq.) toll free at 1-888-299-7706 or 1-610-667-7706, or via e-mail at info@sbtklaw.com. The Complaint charges GPC and certain of its officers and directors with violations of the Securities Exchange Act of 1934. GPC is a biopharmaceutical company engaged in the discovery, development and commercialization of new drugs to treat cancer. More specifically, the Complaint alleges that the Company failed to disclose and misrepresented the following material adverse facts which were known to defendants or recklessly disregarded by them: (1) that the U.S. Federal Drug Administration ("FDA") had previously expressed disapproval regarding the Company's choice of methodology and a primary endpoint in the satraplatin studies; (2) that the Company continued to evaluate satraplatin using the disputed endpoint; (3) that the Company disregarded the FDA's previously expressed concerns about the disputed primary endpoint, and submitted the satraplatin study results to the FDA with the disputed primary endpoint supporting its satraplatin New Drug Application ("NDA"); (4) that the FDA's evaluators would be unable to determine disease progression from the Company's NDA submission; and (5) that the interim data submitted with the NDA would not allow the FDA to conclude that satraplatin was more effective than placebo in terms of overall survival. Throughout the Class Period, the Company reported positive results from its satraplatin Phase 3 trial, and indicated that data from the trial would form the Company's New Drug Application ("NDA") with the FDA. The Company reported a 40 percent reduction in risk of disease progression for study participants who received satraplatin, and reported that the study data showed that the results for PFS were highly statistically significant. The Company's investors were shocked on July 20, 2007, when the FDA released its "Briefing Document" in advance of the FDA's Oncology Drugs Advisory Committee's meeting to consider the satraplatin NDA. Therein, the FDA cited five "issues" that it had with the Company's satraplatin NDA. On this news, the Company's shares declined $7.80 per share, or over 24.5 percent, to close on July 20, 2007 at $24.00 per share, on unusually heavy trading volume. On the following trading day, the Company's shares declined an additional $3.05 per share, to close on July 23, 2007 at $20.95 per share. Then on July 24, 2007, the FDA's advisory panel voted 12-0 to recommend delaying a decision on satraplatin until the Company gathered additional data to determine whether satraplatin actually helped men with prostate cancer live longer. In response, the Company disclosed that it did not expect to have the necessary survival analysis for another year. On this news, the Company's shares declined an additional $7.19 per share, or 35.36 percent, to close on July 25, 2007 at $13.16 per share, on unusually heavy trading volume. Plaintiff seeks to recover damages on behalf of class members and is represented by the law firm of Schiffrin Barroway Topaz & Kessler which prosecutes class actions in both state and federal courts throughout the country. Schiffrin Barroway Topaz & Kessler is a driving force behind corporate governance reform, and has recovered billions of dollars on behalf of institutional and individual investors from the United States and around the world. For more information about Schiffrin Barroway Topaz & Kessler or to sign up to participate in this action online, please visit www.sbtklaw.com If you are a member of the class described above, you may, not later than September 24, 2007, move the Court to serve as lead plaintiff of the class, if you so choose. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class. Under certain circumstances, one or more class members may together serve as "lead plaintiff." Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. You may retain Schiffrin Barroway Topaz & Kessler or other counsel of your choice, to serve as your counsel in this action. |
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Oil giants hit with U.S. gas price-fixing lawsuit
Court Feed News |
2007/08/23 15:21
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A group of California gasoline station owners filed suit in U.S. federal district court in San Francisco accusing three oil industry giants of fixing gasoline prices across the United States from 1998 to 2001. The suit filed on Tuesday claims that Texaco -- now owned by Chevron Corp. -- and U.S. units of state-owned Saudi Aramco of Saudi Arabia and of Royal Dutch Shell Plc colluded to set gasoline sold to 23,000 Texaco and Shell stations at artificially high prices. Chevron is named as a defendant because it took over Texaco. The suit is similar to one filed in 2004 by California gasoline station owners. That case was dismissed last year by the U.S. Supreme Court. Plaintiffs' attorney Joseph M. Alioto of San Francisco said the top U.S. court rejected the former case because it sought to prove only that the three corporations agreed to fix prices. This time, Alioto said, he and his fellow attorneys will attempt to prove unfair competition laws were broken. "All of this started at the Masters Golf Tournament," Alioto told Reuters on Wednesday. "The guy from Shell got a brainstorm while he was watching the pros hit those pebbled balls around and called the CEO of Texaco." Heads of Shell Oil, Texaco and Saudi Refining began meeting monthly in 1996, the lawsuit says. By late 1997, Shell and Texaco were ready to form an alliance but the Saudi representative was not, Alioto said, so Shell and Texaco in January 1998 formed Equilon to refine crude oil and to sell gasoline in 32 states, mainly in the U.S. West and Midwest. By mid-1998, Alioto claims, the Saudis joined with Shell and Texaco and the three formed Motiva for refining crude and selling gasoline in 27 states, mainly in the U.S. Gulf Coast region and the eastern U.S. The suit asks for class-action status. Some stations lost $10,000 or more a month because of what he alleged were practices that raised prices by cutting competition. On Wednesday, Shell Oil representative Sarah Andreani said that Shell, Equilon and Motiva were "carefully and extensively reviewed by the (U.S.) Federal Trade Commission and by several state attorneys general prior to their formation -- and earlier this year, the U.S. Supreme Court upheld a decision that neither Shell nor the joint ventures violated any antitrust law." In 1998, at a time when U.S. crude oil prices dipped to $10 a barrel -- they are near $70 now -- gasoline prices at Texaco and Shell stations rose. "With inflation taken into account, in 1998, oil prices were at their lowest since The Depression," said Alioto. "Both Shell and Texaco (by their U.S. alliance) had substantially reduced their costs. "In the face of these economic factors, they agreed to raise the prices" for gasoline, Alioto said. |
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US judge fines British Air $300 mln in price fixing
Lawyer Blog News |
2007/08/23 15:19
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US judges have accepted a guilty plea from British Airways over its role in a price-fixing cartel. A court sitting in Washington ruled that the airline should be fined $300m (£150m) - a sum previously agreed between BA and the US Department of Justice. Now that the fine has been agreed, attention will turn to whether senior British Airways staff will face criminal investigation for their part in the cartel involving BA and Virgin Airways. The American fine followed a detailed investigation on both sides of the Atlantic. Investigations in the UK were led by the Office of Fair Trading (OFT), which has already fined BA £121.5m. As rival Virgin Atlantic tipped off the OFT about the price-fixing scandal, it was granted immunity. It was the first time that the UK and the US have simultaneously brought action against a company. BA had colluded with Virgin Atlantic on at least six occasions between August 2004 and January 2006, the OFT found. During that time, fuel surcharges rose from £5 to £60 per ticket. BA's chief executive Willie Walsh has insisted that passengers had not been overcharged because fuel surcharges were "a legitimate way of recovering costs". However, he has acknowledged that the conduct of some of the carrier's employees had been wrong and could not be excused. "Anti-competitive behaviour is entirely unacceptable and we condemn it unreservedly," Mr Walsh said earlier this month. In October 2006, BA's commercial director, Martin George, and communications chief, Iain Burns - who had been on leave of absence since the inquiry into the surcharges began - quit the company.
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Roche wins U.S. motion in Ventana bid battle
Business Law Info |
2007/08/23 13:21
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A U.S. court has granted Roche Holding AG's motion for a preliminary injunction to prevent Ventana Medical Systems Inc. from applying an Arizona anti-takeover law to defend itself against Roche's $3 billion hostile takeover bid. The motion was granted by the United States District Court for the District of Arizona, Swiss drugmaker Roche said on Wednesday. Roche is seeking to acquire Tucson, Arizona-based Ventana, which makes diagnostic tests, for $75 a share. Ventana had wanted to apply an Arizona law that makes it harder for companies to be bought, but the judge ruled that it could not use that law, Roche said. In a separate case, Roche is also contesting a so-called poison pill defense by Ventana, which would give Ventana shareholders rights to buy new shares at half price if Roche acquires 20 percent of the company. Roche said on Tuesday it extended by four weeks the expiry of its tender offer to September 20 from August 23. |
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Delphi Corp. Class Action Plaintiffs: Agreement Reached
Class Action News |
2007/08/23 11:27
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Plaintiffs in a class action against Delphi Corp. (DPHIQ) said they reached an agreement with the Troy, Mich., auto parts maker, which is currently in bankruptcy protection under Chapter 11. A law firm for the plaintiffs said the terms of the proposed agreement include a comprehensive settlement with Delphi's insurers. The firm said the terms of the settlement are currently confidential. The agreement is still pending approval by the bankruptcy court. A spokesman for Delphi could not be reached immediately for comment. |
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Ryan hopes to pick his prison
Headline News |
2007/08/23 11:22
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At the same time that former Gov. George Ryan wages a last-ditch battle to overturn his federal fraud conviction, he is wrangling for his choice of federal prisons should the appeal fail. Prison officials assigned Ryan to the Federal Prison Camp in Duluth, Minn. But Ryan has asked officials to reassign him to a similar facility in Oxford, Wis., Ryan's attorney, former Gov. James Thompson, said Wednesday.
The conditions would be comparable, but the Wisconsin facility is closer to family, Thompson said.
"His wife is elderly, and it will not be easy for her to make a trip in any event," said Thompson, speaking after a hearing Wednesday in federal court in Chicago.
"If there is some rule that prohibits him from going to Oxford, then I suppose they would have to make the trip to Duluth, which is twice as far," Thompson said.
On Tuesday, a three-judge panel of the 7th U.S. Circuit Court of Appeals rejected Ryan's appeal in a 2-1 vote, but it allowed him to remain free on bail while the full court -- made up of 11 judges -- decides whether to review the decision.
At the hearing Wednesday, U.S. District Judge Rebecca Pallmeyer ruled that if the full court declines to hear the appeal, Ryan and co-defendant Lawrence Warner must report to prison within four business days after the appellate court issues its official order.
That official order probably would come within seven days after the full court's decision was announced, lawyers said.
Ryan was convicted in April 2006 on charges that as secretary of state and governor, he doled out sweetheart deals to Warner and other friends and used state resources and employees for political gain.
Ryan was sentenced to 6 1/2 years in prison, while Warner, who also was convicted, was sentenced to almost 3 1/2 years.
The Federal Bureau of Prisons considers requests to place a criminal defendant in a particular prison but doesn't comment publicly on pending requests, spokesman Michael Truman said Wednesday.
Prison officials, he said, decide placement by looking at the space available and factors such as an inmate's age, security designation, length of sentence, history of violence or need for substance-abuse treatment.
Federal prison camps have dormitory-style housing and limited or no fencing, Truman said. Warner, a businessman and Ryan confidant, has been assigned to a federal facility in Colorado, his lawyers said in court. In papers filed Tuesday before the court allowed him to remain free on bail, Warner sought to delay his surrender because of upcoming cataract surgery.
At the hearing on Wednesday, Thompson argued that if Ryan's latest appeal failed, he would need time to put his affairs in order.
But Assistant U.S. Atty. Joel Levin said 72 hours should be enough and that no further court hearings would be needed.
"It seems to me that now is the time the arrangements need to be made," Levin told the judge. "We shouldn't be back in front of you."
Ryan's hopes for a hearing by the full court were buoyed by a blistering dissent by Judge Michael Kanne, who said juror controversies marred the historic six-month trial and deprived Ryan and Warner of a fair trial.
The full appellate court probably will decide whether to hear Ryan's appeal within six to eight weeks. If they decide to take the case, they may take several more months to read the briefs, hold an oral argument and render a decision.
If the appeal fails, Ryan could ask the U.S. Supreme Court to take his case and grant him bail while the matter is pending, Thompson said. But the nation's highest court agrees to hear very few cases.
Thompson didn't rule out seeking a presidential pardon if the Supreme Court refused to take the case, though he said that option hasn't been given any consideration at this point. |
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