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Stanford Law School


European Aeronautic Defence & Space Company (EADS)
Summary: On November 3, 2008, a Second Amended Class Action Complaint was filed subsequent to a [Proposed] Order For Appointment of Lead Plaintiff and Approval of Selection of Lead Counsel entered into the docket on September 18, 2008.

As the press has reported, on June 13, 2008, Dreier LLP announced that it, on behalf of Ms. Danièle Bobin as plaintiff and as a representative of purchasers of shares in EADS NV during the period of May 9, 2005, to March 11, 2008, inclusive, had filed a complaint in the United States District Court for the Southern District of New York against Lagardère (Paris:MMB) and other defendants. The complaint alleged that Lagardère, Daimler and certain EADS directors had violated the Securities Exchange Act of 1934. On August 4, 2008, the plaintiff terminated this action. This case has thus been dismissed. Since June 13, 2008, no other plaintiffs have filed any actions against Lagardère before the United States District Court for the Southern District of New York. Lagardère SCA, which has always believed that this case was defective and without foundation, is pleased with this dismissal which marks the end of the case brought against it. Lagardère is a pure media group (books, press, broadcast, digital, travel retail and press distribution, sports trading and sports rights), and is among the world leaders in the sector.

According to a law firm press release dated June 12, 2008 a class action has been commenced on behalf of an institutional investor on behalf of U.S. citizens who purchased the publicly traded stock of European Aeronautic Defence & Space Co. ("EADS" or the "Company") on the Frankfurt (Frankfurt: EAD.F), Madrid (Mercado Continuo: EAD.MC) and/or Paris (Paris: EAD.PA) stock exchanges.

The complaint charges EADS and certain of its officers and directors with violations of the Exchange Act. The Company manufactures airplanes and military equipment. The Company produces commercial aircrafts, including the various Airbus models, military fighter aircrafts, military and commercial helicopters, missiles, satellites, and telecommunications and defense systems.

The complaint alleges that, throughout the Class Period, EADS falsely assured the investing public that it would overcome the technical problems in the production of the Company's Airbus A380 commercial jets ("A380") and it would be able to meet its year-end delivery deadlines. Moreover, the Company issued numerous positive statements which described the Company's increasing financial performance.

According to the complaint, these statements were materially false and misleading because they failed to disclose and misrepresented the following adverse facts, among others: (i) that the Company was experiencing insurmountable delays in the manufacture of the A380 commercial jet; (ii) that the Company would be required to compensate its customers for these delays through discounts and certain customers would likely be canceling their entire orders; and (iii) that, as a result of the foregoing, the Company's ability to receive new contract awards from commercial airliners and its ability to reap future revenues at the levels that it was projecting would be in serious doubt.

On June 13, 2006, the Company announced that its Airbus subsidiary was having production problems with the A380 commercial jet, which would cause a significant delay in delivery to its customers. The Company also issued a profit warning beyond 2006 which was attributable to these delays and announced that it anticipated annual shortfalls of EUR 500 million, without taking into account possible contract terminations from existing customers. Upon this announcement, shares of EADS fell EUR 6.69 per share, or 26%, to close at EUR 18.73 per share, on unusually heavy trading volume.

INDUSTRY CLASSIFICATION:
SIC Code:
Sector: Capital Goods
Industry: Aerospace & Defense


COMPANY/ISSUER NAME: European Aeronautic Defence & Space Company
COMPANY/ISSUER TICKER: EADS
COMPANY WEBSITE: www.eads.net/

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Bristol County Retirement System, et al. v. ,European Aeronautic Defence & Space Co., et al.
 COURT: S.D. New York  DOCKET NUMBER: 08-CV-05389
 JUDGE NAME: Hon. John E. Sprizzo
 DATE FILED: 06/12/2008  SOURCE: 
 CLASS PERIOD START: 01/17/2005  CLASS PERIOD END: 06/13/2006
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Coughlin Stoia Geller Rudman & Robbins LLP (NY)
      200 Broadhollow Road, Suite 406, Melville, NY, 11747
       (voice) 631-367-7100, (fax) 631-367-1173, info@csgrr.com/
  • Labaton Sucharow LLP
      140 Broadway, New York, NY, 10005
       (voice) 212.907.0700, (fax) 212.818.0477, info@labaton.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint for Violation of Federal Securities Laws - Demand for Jury Trial
    Type: Complaint Date on the document: 6/12/2008
    US District Court Civil Docket
    Type: Docket Date on the document: 8/11/2008
    [Proposed] Order For Appointment of Lead Plaintiff and Approval of Selection of Lead Counsel
    Type: Order Appointing LP/LC Date on the document: 09/18/2008

    REFERENCE COMPLAINT
    In Re European Aeronautic Defence & Space Co.
     COURT: S.D. New York  DOCKET NUMBER: 08-CV-05389
     JUDGE NAME: Hon. John E. Sprizzo
     DATE FILED: 11/03/2008  SOURCE: 
     CLASS PERIOD START: 07/27/2005  CLASS PERIOD END: 03/09/2007
     TYPE OF COMPLAINT: Second Amended
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Bernstein Litowitz Berger & Grossmann LLP (New York, NY)
      1285 Avenue of the Americas, 33rd Floor, New York, NY, 10019
       (voice) 212.554.1400, (fax) 212.554.1444, blbg@blbglaw.com
  • Kirby McInerney & Squire LLP
      830 Third Avenue 10th Floor, New York Ave, NY, 10022
       (voice) 212.317.2300, (fax) ,
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  0

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    Second Amended Class Action Complaint
    Type: Complaint Date on the document: 11/03/2008

     OTHER DOCUMENTS
    Case Name and/or Number: 
    Type:  Date on the document: 

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