SIRIT Technologies Inc. Reviews Its Successful Verdict Against Able Telcom Holding Corp.Business Editors TORONTO--(BUSINESS WIRE)--May 18, 2000 CASE SETS EXAMPLE TO THE INTERNATIONAL BUSINESS COMMUNITY Earlier this week, SIRIT Technologies Inc. ("SIRIT" or the "Company") (CDN (Content Delivery Network) A system of distributed content on a large intranet or the public Internet in which copies of content are replicated and cached throughout the network. :SIRT.) announced a US$31.2 million verdict against Able Telcom Holding Corp. ("Able"). This verdict was rendered by a jury in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. Federal District Court, Southern District of Florida in Miami on May 15, 2000. Also awarded was US$1.3 million of punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. against Thomas M. Davidson, Able's fiscal agent. For the benefit of SIRIT's shareholders and investors, the Company is providing additional information on the background to 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. and damages awarded to SIRIT. Background In April of 1998, after some eight months of negotiations and due diligence Research; analysis; your homework. This term has caught on in all industries, because it sounds so "wired." Who would want to do analysis or research when they can do due diligence. See wired. , SIRIT and its institutional investors were in the final stages of culminating the management-led acquisition of MFS MFS Medicare fee schedule Network Technologies, Inc. ("MFSNT") from MCI (1) (Media Control Interface) A high-level programming interface from Microsoft and IBM for controlling multimedia devices. It provides commands and functions to open, play and close the device. (2) (Microwave Communications Inc. WorldCom, Inc. ("WorldCom"). This acquisition represented a lucrative business opportunity for SIRIT and its investors. However, just before SIRIT's acquisition was to close, WorldCom abruptly discontinued communications with SIRIT and then, on April 27, 1998, announced the sale of MFSNT to Able. SIRIT's Chairman, Jacob Gornitzki, was convinced that Able and its fiscal agent Thomas M. Davidson ("Davidson") had acted in a deceitful, unethical and illegal manner to steal this Steal This is an EP by The Explosion. It was released in 2000 on Revelation Records. Its title is a sarcastic jab at the legal troubles resulting in the EP's recording. transaction; and that, in doing so, they had relied upon confidential information Noun 1. confidential information - an indication of potential opportunity; "he got a tip on the stock market"; "a good lead for a job" steer, tip, wind, hint, lead which they had obtained from SIRIT under false pretenses False representations of material past or present facts, known by the wrongdoer to be false, and made with the intent to defraud a victim into passing title in property to the wrongdoer. . SIRIT was determined not to let Able and Davidson get away with this conduct, and thus SIRIT initiated legal action against Able and Davidson in May of 1998 in the United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. in Miami, Florida “Miami” redirects here. For the Native American tribe, see Miami tribe. Miami is a major city in southeastern Florida, in the United States. It is the county seat of Miami-Dade County. Miami is a gamma world city with an estimated population of 404,048. . Over the ensuing two years, Mr. Gornitzki and SIRIT's team of lawyers pursued their investigation of Able's actions. Numerous documents were produced and examined, and depositions were taken from more than twenty witnesses. As a result of these efforts, SIRIT became even more convinced that the evidence strongly supported the allegations made against Able and Davidson in SIRIT's complaint, which charged tortious interference with contractual relations, fraud and breach of contract. The Trial And The Verdict On April 10, 2000, a trial of the lawsuit brought by SIRIT against Able and Davidson commenced in the Court in Miami before the Honourable Judge Alan S. Gold and a jury of citizens from the Miami community. At the conclusion of the trial, the jury found in favour of SIRIT and against Able and Davidson on all issues, and it awarded SIRIT $1.2 million (U.S.) in compensatory damages A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another. , $30 million (U.S.) in punitive damages against Able, and $1.3 million (U.S.) in punitive damages against Davidson. In reaching its verdict, the jury was required to answer 29 special questions from the Court, and in every instance answered those questions in favour of SIRIT. Thus, the jury specifically found that: * Able and Davidson interfered with SIRIT's business relations with WorldCom; * the interference by Able and Davidson was improper and intentional; * there was a business relationship between SIRIT and WorldCom evidenced by an actual and identifiable understanding or agreement, which in all probability would have been completed if the Able and Davidson had not interfered; and * SIRIT was damaged by the interference of Able and Davidson. Similarly, the jury specifically found that: * Able and Davidson made misrepresentations or omissions; * the misrepresentations or omissions related to material or existing facts; * Able and Davidson knew or should have known that the misrepresentations were false and/or that the omissions made other statements materially misleading; * Able and Davidson intended to induce SIRIT to rely and act upon the misrepresentations or omissions; * SIRIT did indeed rely on those misrepresentations or omissions; and * SIRIT suffered injury or damage because of its reliance on those misrepresentations or omissions. Finally, the jury specifically found that Able Telcom Holding Corp. breached a nondisclosure and confidentiality agreement that it had signed with SIRIT and that the breach of contract caused damage to SIRIT. In reaching its determination on punitive damages, moreover, the jury specifically found that Able and Davidson acted willfully willfully adv. referring to doing something intentionally, purposefully and stubbornly. Examples: "He drove the car willfully into the crowd on the sidewalk." "She willfully left the dangerous substances on the property." (See: willful) or with reckless indifference to the rights of SIRIT or otherwise engaged in fraud so as to warrant punitive damages. In the face of the unanimous decision of the jury on all counts against Able and Davidson, it is difficult to understand that the only comment from Able was that it believed and continues to believe that SIRIT's suit was without merit. The full text of the jury verdict can be read on SIRIT's web site at www.sirit.com Possible Future Alternatives SIRIT and its attorneys intend expeditiously ex·pe·di·tious adj. Acting or done with speed and efficiency. See Synonyms at fast1. ex to take all appropriate actions to execute and collect the judgments against both Able and Davidson. SIRIT continues to explore the re-institution of an action against WorldCom relating to the MFSNT acquisition. SIRIT had filed such an action on February 11, 2000, in the United States District Court in Omaha, Nebraska, but had voluntarily dismissed its case, without prejudice Without any loss or waiver of rights or privileges. When a lawsuit is dismissed, the court may enter a judgment against the plaintiff with or without prejudice. When a lawsuit is dismissed without prejudice to reinstate it, when it became clear that Able was trying to use the existence of the WorldCom action to delay the trial in Miami. In making its determination regarding re-institution of litigation against WorldCom, SIRIT will take into account a number of considerations, including that Able never was successful in arranging for the financing required to purchase MFSNT, ultimately causing WorldCom to finance the acquisition through debt by itself; that ultimately WorldCom converted some US$25 million of this debt into equity in Able and now owns approximately 19 percent of Able's common shares; that WorldCom owns stock appreciation rights in Able representing approximately another 13 percent of Able's shares; and that the verdict returned by the jury in Miami reflects unambiguous findings of fact findings of fact n. (See: finding) that are fully consistent with the allegations that are included in the Nebraska complaint. SIRIT would like to thank its shareholders for their support over the last two years. On a personal note, Mr. Michael Briand, the President and 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. of SIRIT, would like to thank Mr. Gornitzki for his unwavering pursuit of justice in this case, and to emphasize that his commitment in time and effort during this period, including substantial time attending the earlier depositions as well as the entire five-week trial in Miami, has been extraordinary. Mr. Gornitzki commented, "I am satisfied with the verdict and I am elated that the jury has so strongly and unambiguously vindicated the principles upon which this legal action was predicated. I believe that this will send a message to the business community that the rule of law is respected in international trade." SIRIT continues to expand its wireless e-commerce business. The field installations of SIRIT equipment at selected McDonald's fast food outlets in the Los Angeles area continues to perform up to the expectations of our customer and the Company. Both parties continue to evaluate the projected roll-out beyond the pilot stores. SIRIT is also engaged in other potential projects which expand the use of our technology in other retail e-commerce applications. SIRIT focuses its business on wireless, e-commerce payment solutions and identification systems in the transportation industry using radio frequency technology. SIRIT designs, develops and manufactures a range of radio frequency identification See RFID. products marketed as the IDentity Series including IDentity HandsFree, IDentity Flex, and IDentity Title 21. SIRIT is the largest supplier of Title 21 compliant products to the United States market. SIRIT has 34,082,843 common shares outstanding on a fully diluted basis. NO STOCK EXCHANGE, SECURITIES COMMISSION OR OTHER REGULATORY AUTHORITY HAS APPROVED OR DISAPPROVED THE INFORMATION CONTAINED HEREIN. |
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