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Stanford Law School


First American Corporation
Summary: The class action lawsuit was filed against First American Corporation on behalf of shareholders who purchased the common stock of the Company, asserting claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. Sections 78j(b), 78n(a) and 78t(a). Named as defendants are First American, the Company's Chief Executive Office and Chairman of the Board, as well as the Company's Vice Chairman and Chief Financial Officer.

The Complaint alleges that, during the Class Period, First American and certain of the Company's officers and directors engaged in an illegal scheme with Washington Mutual, Inc. ("WaMu"), whereby the defendants, through First American's real estate subsidiary, eAppraiseIT LLC, prepared artificially inflated appraisals of homes for use in connection with mortgages issued by WaMu. During the Class Period, in quarterly earnings reports, the Company's management reported increased earnings from appraisal fees and reassured investors that internal controls were adequate. The Complaint alleges that First American's fees from the improper appraisals resulted in the Company overstating its gross profit margins and net income during the Class Period and that throughout the Class Period the defendants made false and misleading statements regarding the Company's internal controls and financial performance.

On September 18, 2008, Judge Lewis A. Kaplan granted the motion to appoint the Berks County Employees' Retirement Fund as Lead Plaintiff and further approved their selection of Grant & Eisenhofer P.A. as Lead Counsel. On December 5, 2008, the plaintiff filed an Amended Class Action Complaint. On January 23, 2009, the defendants filed a motion to dismiss the Plaintiff's Amended Class Action Complaint. On April 22, 2009, Judge Kaplan denied the defendants' motion to dismiss the Amended Class Action Complaint.

On October 15, 2009, the lead plaintiffs filed a motion to certify the class.

INDUSTRY CLASSIFICATION:
SIC Code: 6361
Sector: Financial
Industry: Insurance (Prop. & Casualty)


COMPANY/ISSUER NAME: First American Corporation
COMPANY/ISSUER TICKER: FAF
COMPANY WEBSITE: http://www.firstam.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Berks County Employees' Retirement Fund, et al. v. First American Corporation, et al.
 COURT: S.D. New York  DOCKET NUMBER: 08-CV-05654
 JUDGE NAME: Hon. Lewis A. Kaplan
 DATE FILED: 06/23/2008  SOURCE: 
 CLASS PERIOD START: 04/26/2006  CLASS PERIOD END: 11/06/2007
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Grant & Eisenhofer (Wilmington)
      1201 N. Market Street, Suite 2100, Wilmington, DE, 19801
       (voice) 302.622.7000, (fax) 302.622.7100, lawyers@gelaw.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  1

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint
    Type: Complaint Date on the document: 6/23/2008
    Order
    Type: Order Appointing LP/LC Date on the document: 9/18/2008

    REFERENCE COMPLAINT
    Berks County Employees' Retirement Fund, et al. v. First American Corporation, et al.
     COURT: S.D. New York  DOCKET NUMBER: 08-CV-05654
     JUDGE NAME: Hon. Lewis A. Kaplan
     DATE FILED: 12/05/2008  SOURCE: 
     CLASS PERIOD START: 04/26/2006  CLASS PERIOD END: 11/06/2007
     TYPE OF COMPLAINT: First Amended
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Grant & Eisenhofer (New York)
      485 Lexington Avenue, 29th Floor, New York, NY,
       (voice) 646.722.8500, (fax) 646.722.8500, lawyers@gelaw.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  1

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    Amended Class Action Complaint
    Type: Complaint Date on the document: 12/05/2008
    Order
    Type: Order Date on the document: 04/22/2009
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 04/22/2009

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

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