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Copyright (c) 2001
Stanford Law School


Jarden Corporation
Summary: The original Complaint alleges that Jarden and its CEO violated the federal securities laws in connection with a scheme to convert hundreds of millions of dollars of convertible stock to common stock, and earn defendant, the company’s CEO, tens of millions of dollars in restricted stock compensation. Specifically, it is asserted that the company’s CEO misrepresented the business situation and potential of the Holmes Group, Inc. when that company was acquired by Jarden at the beginning of the Class Period. This caused the stock to rise substantially, triggering the personal benefits to the CEO. On January 11, 2006 Jarden announced that Holmes' profit margins and product mix were not what the market had been led to expect. On this news, Jarden's stock fell substantially.

As summarized by the Company’s FORM 10-Q for the quarterly period ended September 30, 2008, in January and February 2006, purported class action lawsuits were filed in the Federal District Court for the Southern District of New York against the Company and certain Company officers alleging violations of the federal securities laws. The actions were filed on behalf of purchasers of the Company’s common stock during the period from June 29, 2005 (the date the Company announced the signing of the agreement to acquire Holmes) through January 11, 2006. The complaints, which are substantially similar to one another, allege, among other things, that the plaintiffs were injured by reason of certain allegedly false and misleading statements made by the Company relating to the expected benefits of the THG Acquisition. Joint lead plaintiffs were appointed on June 9, 2006. The lead plaintiffs filed an amended consolidated complaint on August 25, 2006 naming the Company, the Company’s Consumer Solutions segment and certain officers of the Company as defendants (collectively “Defendants”) and containing substantially the same allegations as in the initial complaints. On October 20, 2006, Defendants filed a motion to dismiss the consolidated amended complaint. On May 31, 2007, the Court issued an opinion denying Defendants’ motion to dismiss. On July 3, 2007, Defendants filed a Motion for Reconsideration of the order denying Defendants’ motion to dismiss. On September 5, 2007, the court granted Defendants’ motion for reconsideration, but reaffirmed its May 31, 2007 denial of Defendants’ motion to dismiss. Defendants answered the amended consolidated complaint on July 10, 2007. On September 10, 2007, Plaintiffs moved for class certification. On March 6, 2008, the Court issued an opinion certifying a class comprised of purchasers of the Company’s common stock during the period from June 29, 2005 through January 11, 2006.

According to the Company’s FORM 10-K for the fiscal year ended December 31, 2008, pursuant to the settlement reached on November 20, 2008, which is subject to court approval, the Company’s insurance carriers will pay $8 million into a settlement fund and the Defendants will obtain full releases from all claims in connection with the litigation. The plaintiffs’ counsel will seek a portion of the settlement fund to cover attorneys’ fees and expenses. On January 28, 2009, the Court preliminarily approved the settlement and scheduled a final settlement hearing for May 18, 2009.

On May 18, 2009, the Court approved the settlement and the plan of allocation and awarded attorney's fees and expenses. The action was dismissed with prejudice.

INDUSTRY CLASSIFICATION:
SIC Code: 5190
Sector: Basic Materials
Industry: Fabricated Plastic & Rubber


COMPANY/ISSUER NAME: Jarden Corporation
COMPANY/ISSUER TICKER: JAH
COMPANY WEBSITE: http://www.jardencorp.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Ernesto Darquea, et al. v. Jarden Corporation, et al.
 COURT: S.D. New York  DOCKET NUMBER: 06-CV-00722
 JUDGE NAME: Hon. Charles L. Brieant
 DATE FILED: 01/31/2006  SOURCE: Notice of Filing
 CLASS PERIOD START: 06/29/2005  CLASS PERIOD END: 01/11/2006
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Abraham, Fruchter & Twersky (New York, One Pennsylvania Plaza)
      One Pennsylvania Plaza, Suite 1910, New York, NY, 10119
       (voice) 212.279.5050, (fax) 212.279.3655, JFruchter@FruchterTwersky.com
  • Federman & Sherwood (Oklahoma City)
      120 North Robinson, Suite 2720, Oklahoma City, OK, 73102
       (voice) 405-235-1560, (fax) , wfederman@aol.com
  • Law Office of Christopher J. Gray, P.C.
      60 Park Avenue, 21st Floor, New York, NY, 10022
       (voice) 212.838.3221, (fax) , gray@cjgraylaw.com
  • Law Offices of Charles J. Piven, P.A.
      World Trade Center-Baltimore,401 East Pratt Suite 2525, Baltimore, MD, 21202
       (voice) 410.332.0030, (fax) , pivenlaw@erols.com
  • Lerach Coughlin Stoia Geller Rudman & Robbins LLP (Melville)
      58 South Service Road, Suite 200, Melville, NY, 11747
       (voice) 631.367.7100, (fax) 631.367.1173,
  • Paskowitz & Associates
      60 East 42nd Street, 46th Floor, New York, NY, 10165
       (voice) 212.685.0969, (fax) 212.685.2306, classattorney@aol.com
  • Roy Jacobs & Associates (New York)
      350 Fifth Avenue Suite 3000 , New York, NY, 10118
       (voice) , (fax) , classattorney@pipeline.com
  • Schatz & Nobel, P.C.
      330 Main Street, Hartford, CT, 06106
       (voice) 800.797.5499, (fax) 860.493.6290, sn06106@AOL.com
  • Schiffrin & Barroway LLP
      3 Bala Plaza E, Bala Cynwyd, PA, 19004
       (voice) 610.667.7706, (fax) 610.667.7056, info@sbclasslaw.com
  • Stull, Stull & Brody (New York)
      6 East 45th Street, New York, NY, 10017
       (voice) 310.209.2468, (fax) 310.209.2087, SSBNY@aol.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  10

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint
    Type: Complaint Date on the document: 01/31/2006
    Stipulation Of Settlement
    Type: Settlement Date on the document: 01/20/2009

    REFERENCE COMPLAINT
    In Re: Jarden Corporation Securities Litigation
     COURT: S.D. New York  DOCKET NUMBER: 06-CV-00722
     JUDGE NAME: 
     DATE FILED: 08/25/2006  SOURCE: Docket
     CLASS PERIOD START: 06/29/2005  CLASS PERIOD END: 01/11/2006
     TYPE OF COMPLAINT: Consolidated Complaint
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Lerach Coughlin Stoia Geller Rudman & Robbins LLP (Melville)
      58 South Service Road, Suite 200, Melville, NY, 11747
       (voice) 631.367.7100, (fax) 631.367.1173,
  • Schiffrin & Barroway LLP
      3 Bala Plaza E, Bala Cynwyd, PA, 19004
       (voice) 610.667.7706, (fax) 610.667.7056, info@sbclasslaw.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    Consolidated Complaint
    Type: Complaint Date on the document: 08/25/2006
    Memorandum And Order
    Type: Order Date on the document: 05/31/2007
    Memorandum And Order
    Type: Order Date on the document: 09/05/2007
    Memorandum and Order
    Type: Order Date on the document: 03/06/2008
    Notice Of Pendency And Proposed Settlement Of Class Action
    Type: Notice Date on the document: 01/28/2009
    Order Preliminarily Approving Settlement And Providing For Notice
    Type: Order Date on the document: 01/28/2009
    Proof Of Claim And Release
    Type: Other Date on the document: 01/28/2009
    Final Judgment And Order Of Dismissal With Prejudice
    Type: Order Date on the document: 05/18/2009
    Order Awarding Co-Lead Counsel's Attorneys' Fees And Expenses And Reimbursement Of Lead Plaintiffs' Time And Expenses
    Type: Order Approving AF&E Date on the document: 05/18/2009
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 05/21/2009

     OTHER DOCUMENTS
    Class Action Complaint for Violation of the Federal Securities Laws - Jury Trial Demanded
    Case Name and/or Number: Chris Whitemyer, et al. v. Jarden Corporation, et al.
    Type: Complaint Date on the document: 02/06/2006
    Class Action Complaint
    Case Name and/or Number: John Robinson, et al. v. Jarden Corporation, et al.
    Type: Complaint Date on the document: 03/07/2006

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