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Class action suit filed against Nellcor Puritan Bennett, Inc. and its officers and directors alleging misrepresentations and insider trading.


SAN DIEGO--(BUSINESS WIRE)--April 14, 1997--A class action has been commenced in the United States District Court for the Northern District of California The United States District Court for the Northern District of California is the Federal district court whose jurisdiction comprises following counties: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa  on behalf of purchasers of Nellcor Puritan Bennett Puritan Bennett has been a provider of respiratory products since 1913 originally as a medical gas supplier. In addition to critical care ventilation, Puritan Bennett provided medical devices for patients outside of the acute care environment. , Inc. ("Nellcor") common stock during the period September 29, 1995 to April 16, 1996.

The complaint charges Nellcor and certain of its officers and directors with violations of the federal securities laws and alleges that defendants participated in a fraudulent scheme Noun 1. fraudulent scheme - an illegal enterprise (such as extortion or fraud or drug peddling or prostitution) carried on for profit
illegitimate enterprise, racket
 and course of business that operated to manipulate Nellcor's stock price and to defraud and deceive Nellcor investors by disseminating statements and information which misrepresented the success of Nellcor's August 1995 acquisition of Puritan Bennett, the attempted integration of Nellcor's and Puritan Bennett's sales forces and the strength of Nellcor's Homecare business following Nellcor's merger with Puritan Bennett. Defendants' alleged misrepresentations increased Nellcor's stock from $49-1/2 near the beginning of the Class Period to as high as $73-1/2 in March of 1996, allowing Nellcor's insiders to sell 186,150 shares of their stock at inflated prices as high as $64-1/2 per share for over $10.5 million. The shares sold by Nellcor's insiders, moreover, were obtained by the exercise of stock options at much lower prices -- as low as $14-1/8 per share -- and were then immediately sold. After Nellcor's insiders sold nearly all their Nellcor holdings, Nellcor revealed that its merger with Puritan Bennett was not achieving the success, synergies, cost savings and revenue enhancements that defendants had previously represented. As a result of this revelation, Nellcor's stock dropped from $69 on April 11, 1996 to as low as $49-1/2 per share on April 16, 1996, on huge volume of 7.4 million shares.

Plaintiffs seek to recover damages on behalf of all purchasers of Nellcor common stock during the Class Period (the "Class"). They are represented by several law firms This list of the world's largest law firms by revenue is taken from The Lawyer and The American Lawyer and is ordered by 2006 revenue:[1]
  1. Clifford Chance, £1,030.2m – International law firm (headquartered in the UK);
  2. Linklaters, £935.
, including Milberg Weiss Founded in 1965 by attorneys Larry Milberg and Melvyn I. Weiss, Milberg Weiss (formerly known as Milberg Weiss & Bershad LLP) is a U.S. plaintiffs' law firm. Based in New York City, it is widely known for representing investors in securities class actions.  Bershad Hynes & Lerach LLP LLP - Lower Layer Protocol , who have expertise in prosecuting investor class actions and extensive experience in actions involving financial fraud.

Milberg Weiss has been actively engaged in commercial 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.
, emphasizing securities and antitrust class actions, for more than 20 years. The firm has offices in New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
, San Diego San Diego (săn dēā`gō), city (1990 pop. 1,110,549), seat of San Diego co., S Calif., on San Diego Bay; inc. 1850. San Diego includes the unincorporated communities of La Jolla and Spring Valley. Coronado is across the bay. , San Francisco San Francisco (săn frănsĭs`kō), city (1990 pop. 723,959), coextensive with San Francisco co., W Calif., on the tip of a peninsula between the Pacific Ocean and San Francisco Bay, which are connected by the strait known as the Golden  and Los Angeles and is active in major litigation pending in federal and state courts throughout the United States. The firm's reputation for excellence has been recognized on repeated occasions by courts which have appointed the firm to major positions in complex multi-district or consolidated litigations. Milberg Weiss has taken a lead role in numerous important actions on behalf of defrauded investors, and has been responsible for a number of outstanding recoveries which, in the aggregate, total approximately $2 billion. For additional information about Milberg Weiss, see the firm's website at http://www.milberg.com .

If you are a member of the Class described above, you may, no later than 60 days from today, move the Court to serve as lead plaintiff of the Class, if you so choose. In order to serve as lead plaintiff, however, you must meet certain legal requirements. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiffs' counsel, William Lerach or John Grasberger of Milberg Weiss at 800/348-6192.

CONTACT: Milberg Weiss

William Lerach or John Grasberger, 800/348-6192
COPYRIGHT 1997 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1997, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Apr 14, 1997
Words:550
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