Juroviesky & Ricci LLP File Class Action Law Suit On Behalf Of Canadian Investors
By Juroviesky & Ricci LLP
January 23, 2006
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Toronto/New York – January 23, 2006 – The law firm of Juroviesky and Ricci LLP announces that a class action lawsuit was filed on behalf of purchasers who acquired securities of FMF Capital Group Ltd., (“FMF” or the “Company”) (TSX: FMF-UN.TO) pursuant to the Company’s Initial Public Offering of 19.7 million Income Participating Securities (IPS) of FMF (the “IPO”), and on behalf of those who purchased FMF securities in the open market between March 2005 and December 1, 2005 inclusive. The lawsuit seeks to pursue remedies under the relevant Michigan Statutes, and certain common law doctrines.
The action [known as LIMBC Acceptance Corp v. FMF Capital et al. ] is pending in the 6 th Circuit Court in Oakland County, Michigan, against defendants FMF (and related entities); Bank of Montreal Nesbitt Burns, Harris Nesbitt, BDO Seidman, additional associate underwriters, and certain officers, directors, and employees of the Company, or of the other Defendants. A copy of the complaint filed in this action can be viewed on Juroviesky and Ricci’s website at: www.jruslaw.com.
The complaint alleges that the Defendants either knew or should have known that the Company did not make adequate disclosure of the potential risk factors liable to affect the Company share price and its business as a going concern. Furthermore, the complaint alleges that the sale of relevant related entities to non arm’s length purchasers was not conducted at arm’s length terms. Furthermore the complaint alleges that the underwriters of the Company knew or should have known that the price at which they were selling the shares to the market was in excess of their true market value.
Without any warning or indication from management that anything was amiss, the Company announced on November 14, 2005, that it was suspending the November distribution of interest and dividends, and indicated that it was likely that the board may suspend or defer further interest and/or dividend distributions in the future. As a result of this announcement, FMF IPS experienced a sudden and precipitous decline in price, and as at the time of this release, the IPS were trading at less than $0.70, from an IPO high of $10.00.
As at the date of the posting of this edition of JRUSPRUDENCE, all named Defendants have been served with the applicable summons and complaint, and all Defendants have been granted an extension of time to answer or file other responsive pleadings until January 31, 2006.
Juroviesky and Ricci LLP (http://www.jruslaw.com) is a premier law firm with offices in Toronto and Manhattan, practicing US and Canadian business law. Juroviesky and Ricci LLP practices all manner of US Business law, including litigation, and is currently active in major litigations pending in varying states, including New York, California, Michigan, and Virginia. Please contact the Juroviesky and Ricci LLP website for more information about the firm.
If you or someone you know acquired FMF Shares in the IPO, or purchased FMF shares on the open market during the class period, and sustained damages, you should contact Juroviesky and Ricci LLP for information regarding how to participate in the action.
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