AERT Announces Litigation Update.Business Editors SPRINGDALE, Ark.--(BUSINESS WIRE)--May 23, 2002 Advanced Environmental Recycling Technologies Inc. (Nasdaq:AERTA AERTA Army Environmental User Requirements and Technology Assessments (US Army) ) announces that in an opinion and order delivered today, the U.S. District Court for the Western District of Texas held Advanced Environmental Recycling Technologies Inc. ("AERT AERT Advanced Environmental Recycling Technologies, Inc AERT Animal Emergency Response Team ") liable for breaching an agreement to pay royalties for production from AERT's plant in Junction, Texas Junction is a city in Kimble County, Texas (USA). The population was 2,618 at the 2000 census. It is the county seat of Kimble CountyGR6. Geography Junction is located at (30.489772, -99. , during the period from May 1996 through December 2001. AERT had disputed the existence of an agreement. The court found AERT liable to Three H Enterprises L.L.C. for past damages in the amount of $820,998 plus an undetermined amount in prejudgment pre·judge tr.v. pre·judged, pre·judg·ing, pre·judg·es To judge beforehand without possessing adequate evidence. pre·judg and post-judgment interest and attorney fees. The court declined to enter a declaratory judgment declaratory judgment In law, a judgment merely declaring a right or establishing the legal status or interpretation of a law or instrument. It is binding but is distinguished from other judgments or court opinions in that it includes no executive element (an order that requested by the plaintiff requiring AERT to pay a royalty on a monthly basis in the future on AERT's products. As to this point, the court noted that the plaintiffs had not properly sought a declaratory judgment from a procedural standpoint and also took note that the changes to the initial process developed over the years by AERT have brought AERT's manufacturing operations farther away from the plaintiff's technology. AERT had already planned for the contingency of an adverse ruling in the case and intends to appeal the judgment, when entered, to the U.S. Court of Appeals for the Fifth Circuit. Additional information will be forthcoming in the near future. The statements in this press release regarding the Company's possible pending liability resulting from such litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. are "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Additional information that could cause the Company's actual operating results to differ materially along with other risks and uncertainties is contained in our filings with the Securities and Exchange Commission, including our Annual Report on Form 10-K Form 10-K A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information. Form 10-K See 10-K. for the year ended Dec. 31, 2001. |
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