Printer Friendly
The Free Library
4,651,912 articles and books
Member login
User name  
Password 
 
Join us Forgot password?

Settlement Agreement Reached in InfoSpace Derivative Case, Section 16b Case, and Certain Related Cases Brought by the Jains.


BELLEVUE, Wash. -- InfoSpace, Inc. (Nasdaq:INSP INSP Inspection
INSP Inspector
INSP Inspect
INSP Inspirational Network
INSP Institut des Nanosciences de Paris (French)
INSP International Nuclear Safety Program
INSP International Network on Strategic Philanthropy
) today announced that a combined Settlement Agreement has been reached in the Dreiling v. Jain, et al. derivative lawsuit pending in King County Superior Court King County Superior Court, the largest trial court in Washington state, is based at the King County Courthouse, 516 Third Avenue, in downtown Seattle, Washington. It also operates a juvenile facility and a Regional Justice Center in Kent, southeast of Seattle.  (Washington), the Dreiling v. Jain, et. al. Section 16(b) case pending on appeal before the United States Court of Appeals The United States courts of appeals (or circuit courts) are the intermediate appellate courts of the United States federal court system. A court of appeals decides appeals from the district courts within its federal judicial circuit, and in some instances from other  for the Ninth Circuit, and certain other lawsuits involving the Company. The Settlement Agreement, if approved, contemplates (among other consideration) a cash payment to the Company, net of plaintiff's counsel's fee and certain costs, of approximately $83 million, including insurance proceeds. The Settlement Agreement, if approved, also contemplates dismissal of the derivative and Section 16(b) lawsuits with prejudice, except that dismissal of derivative claims against one non-officer or director defendant will be 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
.

The derivative lawsuit was brought against a number of current and former directors and officers of the Company and other defendants by a private party shareholder on behalf of InfoSpace. The Section 16(b) lawsuit was brought against a former officer and director of the Company and other defendants by the same private party shareholder on behalf of InfoSpace. As such, the derivative and Section 16(b) lawsuits did not seek monetary damages Monetary damages, in civil law, refers to compensation given to an injured party by a liable party. Monetary damages may be restitution, a penalty, or both.  from, or the imposition of remedies on, the Company. Subject to final approval by the King County Superior Court and the United States District Court for the Western District of Washington The United States District Court for the Western District of Washington is the Federal district court whose jurisdiction comprises the following counties: Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan, Skagit,  for the derivative lawsuit and the Section 16(b) lawsuit, respectively, settlement proceeds, net of plaintiff's counsel's fee and certain costs, will be paid to the Company pursuant to the terms of the Settlement Agreement.

The Settlement Agreement also resolves certain claims in the consolidated lawsuit captioned Jain v. Clarendon America Insurance Company, et al. pending in King County Superior Court. All claims brought by the Jains against the Company and its directors' and officers' liability insurance directors' and officers' liability insurance

A type of insurance taken to protect a firm's directors and officers against lawsuitsmainly suits instituted by unhappy shareholders of the firm.
 carriers in the consolidated Jain v. Clarendon lawsuit, and all claims brought by the Jains against the Company in the Jain v. InfoSpace, Inc. lawsuit (which is part of the consolidated Jain v. Clarendon lawsuit) are resolved under the Settlement Agreement. Alleged indemnity obligations of the Company with respect to other parties in the consolidated Jain v. Clarendon lawsuit are also addressed by the Settlement Agreement. Finally, the Settlement Agreement also resolves the InfoSpace, Inc. v. Jain, Intelius, Inc., et al. lawsuit, currently pending before the Washington State Court of Appeals.

The Settlement Agreement expressly states that each defendant in each of the resolved lawsuits, including the Company, denies liability. The Settlement Agreement was entered into for the sole purpose of resolving contested claims and disputes as well as avoiding the substantial costs, expenses and uncertainties associated with protracted pro·tract  
tr.v. pro·tract·ed, pro·tract·ing, pro·tracts
1. To draw out or lengthen in time; prolong: disputants who needlessly protracted the negotiations.

2.
 and complex 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.
. InfoSpace and the Special Litigation Committee of the Company's board of directors have determined that the proposed settlement is in the best interests of the Company and its stockholders. The Settlement Agreement and related paperwork will be on file with the King County Superior Court and the United States District Court for the Western District of Washington.

As stated, the Settlement Agreement is subject to and conditioned upon final approval by the King County Superior Court and the United States District Court for the Western District of Washington after public notice of the proposed settlement, and expiration EXPIRATION. Cessation; end. As, the expiration of, a lease, of a contract, or statute.
     2. In general, the expiration of a contract puts an end to all the engagements of the parties, except to those which arise from the non- fulfillment of obligations created
 of the time for appeal from any orders of the courts approving the settlement. There can be no assurance that the final settlement will be obtained.

About InfoSpace, Inc.

InfoSpace, Inc. (Nasdaq:INSP) is a diversified diversified (di·verˑ·s  technology and services company that develops Internet and wireless solutions for a wide range of customers. InfoSpace Search & Directory provides Web search and online directory products that help users find the information they need while creating opportunities for merchants. InfoSpace Mobile provides content and applications that enable mobile operators and content providers to efficiently develop and deliver mobile data services across multiple devices. More information can be found at http://www.infospaceinc.com/.

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.
 

This release contains forward-looking statements regarding the litigation matters described in the body of the release and the proposed settlement agreement that are subject to certain risks and uncertainties and actual results may differ materially from those in the forward-looking statements. Factors that could affect actual results include conditions to completion of the settlement, many of which are outside of InfoSpace's control, and the inherent uncertainty of proposed settlements, litigation and appeals. These statements are not guarantees of future performance and are subject to certain risks, uncertainties and assumptions that are difficult to predict. A more detailed description of certain factors that could affect InfoSpace's actual results include, but are not limited to, those discussed in InfoSpace's most recent Quarterly Report on Form 10-Q Form 10-Q

See 10-Q.
, in the section entitled en·ti·tle  
tr.v. en·ti·tled, en·ti·tling, en·ti·tles
1. To give a name or title to.

2. To furnish with a right or claim to something:
 "Factors Affecting Our Operating Results, Business Prospects and Market Price of Stock." Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date of this release. InfoSpace undertakes no obligation to update publicly any forward-looking statements to reflect new information, events or circumstances after the date of this release or to reflect the occurrence of unanticipated events.
COPYRIGHT 2004 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2004, 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
Date:Dec 23, 2004
Words:851
Previous Article:The Middleby Corporation Repurchases Shares from the Whitman Family; William F. Whitman, Jr. to Retire as Chairman and Selim A. Bassoul to Assume the...
Next Article:Joint Venture Partners Brascan Power and Emera to Acquire Additional Hydroelectric Assets in New England.



Related Articles
Federal court jurisdiction over settlement agreements. (Negotiation and Settlement)
Announcement 95-2: Appeals mediation. (IRS Appeals Division)(Tax Executives Institute IRS Administrative Affairs Committee)
Nailing down mediation agreements.(Winning Without Trial)(Cover Story)
Attorney fees facing increased public, court scrutiny.
What Schleier and amended s. 104(a)(2) mean to your practice: tax considerations in pleadings and settlement agreements. (section 104(a)(2) of the...
Seven steps to effective mediation.
What's normal in derivatives accounting. (Derivatives).
Doctors settle suit with Blue Cross.(Up Front)(California Medical Association's $4.2 mn settlement with Blue Cross of California)
To reach settlement, lawyer must have 'actual authority'.
American United files brief in commandments case at Supreme Court.(People & Events)

Terms of use | Copyright © 2008 Farlex, Inc. | Feedback | For webmasters | Submit articles