Printer Friendly
The Free Library
19,607,059 articles and books
Member login
User name  
Password 
 
Join us Forgot password?

Berger & Montague, P.C. Announces Class Action Lawsuit Against FirstEnergy Corp.


Business Editors/Legal Writers

PHILADELPHIA--(BUSINESS WIRE)--Sept. 2, 2003

The law firm of Berger & Montague, P.C. announces that a class action lawsuit class action lawsuit

A lawsuit in which one party or a limited number of parties sue on behalf of a larger group to which the parties belong. For example, investors may bring a class action lawsuit against a brokerage firm that has actively promoted a tax
 was filed on August 21, 2003, on behalf of purchasers of the common stock of FirstEnergy, Corp. (NYSE NYSE

See: New York Stock Exchange
:FE) ("FirstEnergy" or the "company") between April 24, 2002 and August 5, 2003, inclusive, (the "Class Period"), seeking to pursue remedies under the Securities Exchange Act of 1934 (the "Exchange Act"). This case was filed in the United States District Court for the Northern District of Ohio The U.S. District Court for the Northern District of Ohio is the federal trial court for the northern half of Ohio. The court has courthouses in Cleveland (where the chief judge and most of the Northern District's judges have chambers), Toledo, Akron, and Youngstown. .

The complaint charges FirstEnergy and certain of its officers and directors with violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated prom·ul·gate  
tr.v. prom·ul·gat·ed, prom·ul·gat·ing, prom·ul·gates
1. To make known (a decree, for example) by public declaration; announce officially. See Synonyms at announce.

2.
 thereunder. More specifically, the complaint alleges that defendants issued a series of material misrepresentations to the market during the Class Period, thereby artificially inflating the price of FirstEnergy's common stock. The Complaint alleges that these statements were materially false and misleading because they failed to disclose and misrepresented the following adverse facts, among others:(1) that the Company materially overstated o·ver·state  
tr.v. o·ver·stat·ed, o·ver·stat·ing, o·ver·states
To state in exaggerated terms. See Synonyms at exaggerate.



o
 its earnings, revenues, net income, and earnings per share; (2) that the Company had improperly accounted for costs incurred in connection with the deregulation Deregulation

The reduction or elimination of government power in a particular industry, usually enacted to create more competition within the industry.

Notes:
Traditional areas that have been deregulated are the telephone and airline industries.
 of certain of its businesses by employing an inappropriately long amortization schedule, thereby understating costs and materially and artificially inflating earnings during the Class Period; (3) that the Company had materially overvalued Overvalued

A stock whose current price is not justified by the earnings outlook or price/earnings (P/E) ratio and thus, expected to drop in price. Overvaluation may result from an emotional buying spurt, which inflates the market price of the stock or from a deterioration in a
 certain leased power generation facilities that were carried as assets on the Company's balance sheet; (4) that the Company lacked adequate internal controls and was therefore unable to ascertain the true financial condition of the Company; and (5) that as a result, the value of the Company's net income and financial results were materially overstated at all relevant times. On August 5, 2003, the Company reported that it would have to restate re·state  
tr.v. re·stat·ed, re·stat·ing, re·states
To state again or in a new form. See Synonyms at repeat.



re·state
 its financial results for fiscal year 2002 and the first quarter of 2003 due to its improper accounting for its annual amortization expenses and for above-market leases. News of this shocked the market. Shares of FirstEnergy fell 8.5 percent to close at $31.33 per share on extremely heaving trading volume Trading volume

The number of shares transacted every day. As there is a seller for every buyer, one can think of the trading volume as half of the number of shares transacted. That is, if A sells 100 shares to B, the volume is 100 shares.
.

If you bought the common stock of FirstEnergy between April 24, 2002 and August 5, 2003 and sustained damages, you may, no later than October 10, 2003, request that the Court appoint you as lead plaintiff. A lead plaintiff is a representative party that acts on behalf of other class members in directing the 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.
. 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.

The law firm of Berger & Montague, P.C. has over 50 attorneys, all of whom represent plaintiffs in complex litigation. The Berger firm has extensive experience representing plaintiffs in class action securities litigation and has played lead roles in major cases over the past 25 years which have resulted in recoveries of several billion dollars to investors. The firm has recently represented investors as lead counsel in actions against Rite Aid Rite Aid (NYSE: RAD) is a United States retailer and pharmacy chain, operating over 5,000 stores in 31 states and the District of Columbia. Rite Aid Corporation is one of the nation's leading drugstore chains. , Sotheby's, Waste Management, Inc Waste Management, Inc. (NYSE: WMI) is a waste management, comprehensive waste, and environmental services company in North America. The company's network includes 413 collection operations, 370 transfer stations, 283 active landfill disposal sites, 17 waste-to-energy plants, ., Sunbeam, Boston Chicken and IKON Office Solutions IKON Office Solutions (NYSE: IKN) is a Fortune 500 company based in Malvern, Pennsylvania. Formerly part of ALCO Standard.

IKON integrates copy machines and fax systems to assist businesses.
, Inc. The standing of Berger & Montague, P.C. in successfully conducting major securities and antitrust litigation has been recognized by numerous courts. Most recently, Judge Stewart Dalzell Stewart Dalzell is a judge on the United States District Court for the Eastern District of Pennsylvania. Born in 1943 in Hackensack, New Jersey, Judge Dalzell graduated from the University of Pennsylvania, Wharton School of Business in 1965 and received his J.D..  stated:


    " ... the skill and efficiency of the attorney involved ... (was)
     extraordinarily deft and efficient in handling this most
     complex matter."

     "...they were at least eighteen months ahead of the United
      States Department of Justice in ferreting out the conduct
      that ultimately resulted in the write-down of over $1.6
      billion in previously reported Rite Aid earnings.  Their
      attention to detail was such that when Rite Aid's financial
      concern lead to its willingness to consider renegotiating
      the non-cash portion of the Rite Aid 1 settlement, counsel
      aided by investment advisors...ultimately monetized the
      entire settlement and gained the class interest of
      $14,435,104 when interest rates were the lowest they
      have been in over forty years.  In short, it would be hard
      to equal the skill class counsel demonstrated here."

      In Re: Rite Aid Securities Litigation, 2003 U.S. Dist. Lexis
      9459 (EDPA) (Settled in 2003 for in total for $334 million, $125
      million against the accountants, the second largest settlement
      against an auditing firm)



If you purchased FE common stock during the Class Period, or have any questions concerning this notice or your rights with respect to this matter, please contact:


      Sherrie R. Savett, Esquire
      Glen L. Abramson, Esquire
      Kimberly A. Walker, Investor Relations Manager
      Berger & Montague, P.C.
      1622 Locust Street
      Philadelphia, PA 19103
      (215) 875-3000
      (888) 891-2289 - toll free
      (215) 875-5715 - fax
      Investorprotect@bm.net
      www.bergermontgue.com

COPYRIGHT 2003 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Publication:Business Wire
Geographic Code:1USA
Date:Sep 2, 2003
Words:827
Previous Article:Eschelon Telecom, Inc. to Offer Business Telephone System Monitoring Solution.
Next Article:NASCAR Silicon Motor Speedway Announces Custom Upgrades to World's Most Realistic Racing Simulation.
Topics:



Related Articles
Twinlab Corp. Violated the Federal Securities Laws, Alleges Shareholder Class Action Brought by Berger & Montague, P.C.
Twinlab Corp. Violated the Federal Securities Laws, Alleges Shareholder Class Action Filed by Berger & Montague, P.C.
Berger & Montague, P.C. Files Class Action Lawsuit Alleging Iridium World Communications, Ltd. Fraudulently Reported Financial Results.
Berger & Montague Announces Class Action Lawsuit Against UICI on Behalf of Investors.
Berger & Montague Announces Class Action Lawsuit Against Lason, Inc. on Behalf of Investors.
Class Action Lawsuit by Berger & Montague, P.C. On Behalf of Investors Alleges Tyco International Ltd. Misled Investors.
Berger &Montague Announces Class Action Lawsuit Against UICI on Behalf of Investors.
Legato Shareholders Have 14 Days to Return Document to Serve as Lead Plaintiff in Class Action.
Berger & Montague, P.C. Announces a Lawsuit Against Maxim Pharmaceuticals.
Berger & Montague, P.C. Announces Class Action Lawsuit Against Xcel Energy, Inc.

Terms of use | Copyright © 2012 Farlex, Inc. | Feedback | For webmasters | Submit articles