Dynacq Provides Litigation Update.Business Editors/Legal Writers/Health/Medical Writers HOUSTON--(BUSINESS WIRE)--Oct. 1, 2003 Dynacq International Inc. (Nasdaq/NM:DYII) today provided an update on three pending securities lawsuits. "I am pleased with the progress we have made in resolving the pending securities 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. ," said Chiu M. Chan, Dynacq CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. . "We are focusing on what we expect will be a bright future for Dynacq." On Aug. 26, 2003 the U.S. District Court for the Southern District of Texas dismissed with prejudice Hamilton v. Dynacq International Inc., et al., Master Case No. H-02-0377, a class action against Dynacq International Inc. and certain of its officers alleging securities fraud. Plaintiffs filed a notice of appeal on Sept. 22, 2003. The suit was brought in early 2002 following a sharp high volume increase in short sales of Dynacq stock. Dynacq continues to believe that the suit is without merit. Shortly after the class action was filed, two purported shareholder derivative suits shareholder derivative suit A special type of class action lawsuit filed by one shareholder or by a limited number of shareholders on behalf of all of the other shareholders in a firm. , including almost verbatim the same allegations as the class action, were filed against the Company and certain of its officers. Flory v. Chan et al., H-02-3123, in U.S. District Court for the Southern District of Texas, is a shareholder derivative action A lawsuit brought by a shareholder of a corporation on its behalf to enforce or defend a legal right or claim, which the corporation has failed to do. A derivative action, more popularly known as a Stockholder's Derivative Suit, is derived from the primary right of the which was stayed on Nov. 12, 2002 by the District Court pending the outcome of the Hamilton case. Dynacq moved to dismiss this case on Sept. 10, 2003 following the dismissal of the Hamilton case. In Brill Brill or Bril, Flemish painters, brothers. Mattys Brill (mä`tīs), 1550–83, went to Rome early in his career and executed frescoes for Gregory XIII in the Vatican. v. Chan et al., (2002-07135 in the 295th Judicial District Court of Harris County, Texas Harris County is a county located in the U.S. state of Texas within the Houston–Sugar Land–Baytown metropolitan area. As of 2000 U.S. Census, the county had a population of 3.4 million (though a 2006 estimate placed the population at nearly 3. ), the second shareholder derivative case, a Stipulation An agreement between attorneys that concerns business before a court and is designed to simplify or shorten litigation and save costs. During the course of a civil lawsuit, criminal proceeding, or any other type of litigation, the opposing attorneys may come to an agreement of Settlement was executed by both parties and filed with the Court on Sept. 11, 2003. The Settlement provides that (1) the suit will be dismissed and (2) defendants will pay a portion of plaintiffs' legal fees and expenses, subject to the approval of the Court at a Final Settlement Hearing scheduled for Nov. 10, 2003. Mr. Chan added, "Despite the distraction of these lawsuits, Dynacq has continued to prosper and grow. We are proceeding with renovations at the new Dallas area hospital and the new hospital in Baton Rouge Baton Rouge (băt`ən r zh) [Fr.,=red stick], city (1990 pop. 219,531), state capital and seat of East Baton Rouge parish, SE La. continues to succeed. The Pasadena, Texas hospital remains our foundation." Certain statements contained in this press release may constitute "forward-looking statements forward-looking statement A projected financial statement based on management expectations. A forward-looking statement involves risks with regard to the accuracy of assumptions underlying the projections. " within the meaning of the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and of 1995. Although the Company believes its expectations are based on reasonable assumptions within the bounds of its knowledge of its business and operations, there can be no assurance that actual results will not differ materially from its expectations. Such forward-looking statements involve a number of known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. More detailed information about factors that may cause actual results to materially differ is contained in the Company's filings with the Securities and Exchange Commission. The words "looking forward," "believe," "expect," "likely," "will be," "bright future," "succeed," "continue," "prosper and grow" and similar expressions identify forward-looking statements. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date that such statements were made. The Company undertakes no obligation to update any forward-looking statements contained in this press release. |
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