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Stanford Law School


Hexion Specialty Chemicals, Inc. : Huntsman Corporation common stock
Summary: According to a law firm press release, a class action was filed against the company seeking to pursue remedies under the Securities Exchange Act of 1934 against defendants Hexion Specialty Chemicals, Inc., and certain individuals. The complaint alleges that on July 12, 2007, Hexion announced an agreement to acquire all Huntsman common stock in a merger transaction for $28/share. The transaction was to close during the second quarter 2008 pending receipt of regulatory approvals and satisfaction of other closing conditions. Huntsman shareholders approved the transaction on October 16, 2007. On May 14, 2008, Hexion disclosed that it agreed to allow additional time to obtain the regulatory approvals. Unbeknownst to the public, defendants had determined to abort the merger and took steps to abrogate the Merger Agreement. Defendants retained the services of Duff & Phelps to render an opinion that the combined entity lacked financial viability. On June 18, 2008, Duff sent a letter to the Board of Directors of Hexion opining that the combined company's assets would not exceed its liabilities, that it would not have the ability to pay its total debts and liabilities as they become due and that it would have an unreasonably small amount of capital. On that same date, defendants filed a complaint in the Delaware Court of Chancery, seeking abrogation of the Merger Agreement. The reaction in the marketplace was devastating to the price of Huntsman's common stock. On June 19, 2008, the first day of trading after the June 18, 2008 actions by Hexion, the market price of Huntsman common stock fell approximately $8, or 40%, from $20.86 to close at $12.84, on enormous volume of approximately 43 million shares.

On February 17, 2009, Judge Richard M. Berman consolidated the related cases, appointed the Hexion Movants as lead plaintiffs and approved their selection of the Law Offices of Bernard M. Gross, P.C., as lead counsel.

INDUSTRY CLASSIFICATION:
SIC Code: 2800
Sector: Basic Materials
Industry: Fabricated Plastic & Rubber


COMPANY/ISSUER NAME: Huntsman Corporation
COMPANY/ISSUER TICKER: HUN
COMPANY WEBSITE: http://www.huntsman.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Sandra Lifschitz, et al v. Hexion Specialty Chemicals, Inc., et al
 COURT: S.D. New York  DOCKET NUMBER: 08-CV-6394
 JUDGE NAME: Hon. Richard M. Berman
 DATE FILED: 07/17/2008  SOURCE: 
 CLASS PERIOD START: 05/14/2008  CLASS PERIOD END: 06/18/2008
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Law Offices of Bernard M. Gross (Philadelphia)
      1515 Locust Street, 2nd Floor, Philadelphia, PA, 19102
       (voice) 215-561-3600, (fax) 215-561-3000, bmgross@bernardmgross.com
  • 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)
      60 East 42nd Street, 46th Floor, New York, NY, 10165
       (voice) 212.867.1156, (fax) 212.867.1156, jacobs@jacobsclasslaw.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  3

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint For Violations Of Federal Securities Laws
    Type: Complaint Date on the document: 07/17/2008
    Motion Of Hexion Movants For Appointment As Lead Plaintiffs And For Approval Of Lead Plaintiffs’ Selection Of Lead Counsel And Liaison Counsel
    Type: Motion Date on the document: 09/15/2008
    Steve Stilliard's Notice Of Motion And Motion For Appointment As Lead Plaintiff And Approval Of Selection Of Counsel
    Type: Notice Date on the document: 09/15/2008
    Order
    Type: Order Appointing LP/LC Date on the document: 02/17/2009
    Mandate
    Type: Other Date on the document: 06/10/2009
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 09/17/2009

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

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