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Stanford Law School


Perini Corporation
Summary: The original complaint charges Perini and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Perini and its subsidiaries offer general contracting, construction management, and design-build services to private clients and public agencies worldwide.

According to the complaint, during the Class Period, defendants issued materially false and misleading statements that misrepresented and failed to disclose: (a) that the developer of Perini's Las Vegas, Nevada projects, including the CityCenter Project, was experiencing financial problems because it failed to secure financing for the entire project and was dependent upon raising the remainder of the financing from the expected sale of residential units. However, the proceeds from the residential unit sales were based on unrealistic and aggressive prices at a time when the condo market in Las Vegas, Nevada was extremely weak; (b) that the company's Las Vegas projects were being delayed, and could possibly be halted; (c) that the developer was in risk of defaulting on its construction loan; (d) that the Company's future revenue and profit was dependent upon the Las Vegas projects since the projects consisted of approximately 20% of its backlog; and (e) as a result of the foregoing, the Company's ability to maintain its profit margins was in serious doubt.

Then, on January 17, 2008, the Company issued a press release announcing that Deutsche Bank "delivered a notice of loan default to the developer of the Cosmopolitan Resort and Casino project under construction in Las Vegas, Nevada." In response to this announcement, shares of the Company's common stock fell $10.05 per share, or 27%, to close at $27.65 per share, on heavy trading volume.

On December 10, 2008, U.S. District Judge Nathaniel M. Gorton granted the motion to consolidate two related actions, and approved the plaintiffs’ motion for lead plaintiff and approved selection of lead and liaison counsel. Plaintiffs Iron Workers District Council, Southern Ohio & Vicinity Pension Trust and Operating Engineers Construction Industry and Miscellaneous Pension Fund (collectively, the “Pension Fund Group”) are appointed lead plaintiff and Coughlin Stoia Geller Rudman & Robbins LLP and Shapiro Haber & Urmy LLP are approved to serve as Lead and Liaison Counsel, respectively. On February 9, 2009, the lead plaintiff filed a First Consolidated Amended Complaint. On April 17, 2009, the defendants filed motions to dismiss the First Consolidated Amended Complaint.

INDUSTRY CLASSIFICATION:
SIC Code: 1540
Sector: Capital Goods
Industry: Construction Services


COMPANY/ISSUER NAME: Perini Corporation
COMPANY/ISSUER TICKER: PCR
COMPANY WEBSITE: http://www.perini.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
William Isham, et al. v. Perini Corporation, et al.
 COURT: D. Massachusetts  DOCKET NUMBER: 08-CV-11449
 JUDGE NAME: Hon. Nathaniel M. Gorton
 DATE FILED: 08/20/2008  SOURCE: 
 CLASS PERIOD START: 11/02/2006  CLASS PERIOD END: 01/17/2008
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Coughlin Stoia Geller Rudman & Robbins LLP (Melville)
      200 Broadhollow, Suite 406, Melville, NY, 11747
       (voice) 631.367.7100, (fax) 631.367.1173, info@csgrr.com/
  • Dyer & Berens LLP
      682 Grant Street, Denver, CO, 80203-3507
       (voice) 303.861.1764, (fax) 303.861.1764, contact@dyerberens.com
  • Shapiro Haber & Urmy LLP (Boston)
      53 State Street, Boston, MA, 02109
       (voice) 617.439.3939, (fax) 617.439.0134, info@shulaw.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: 08/20/2008
    The Pension Fund Group's Motion For Consolidation Of Related Actions, Appointment As Lead Plaintiff And Approval Of Selection Of Lead And Liaison Counsel
    Type: Motion Date on the document: 10/20/2008
    The Pension Fund Group's Motion For Consolidation Of Related Actions, Appointment As Lead Plaintiff And Approval Of Selection Of Lead And Liaison Counsel
    Type: Order of Consolidation Date on the document: 12/10/2008

    REFERENCE COMPLAINT
    William P. Isham, et al. v. Perini Corporation, et al.
     COURT: D. Massachusetts  DOCKET NUMBER: 08-CV-11449
     JUDGE NAME: Hon. Nathaniel M. Gorton
     DATE FILED: 02/09/2009  SOURCE: 
     CLASS PERIOD START: 05/08/2007  CLASS PERIOD END: 01/17/2008
     TYPE OF COMPLAINT: First Amended and Consolidated
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Coughlin Stoia Geller Rudman & Robbins LLP (Melville)
      58 South Service Road, Suite 200, Melville, NY, 11747
       (voice) 631.367.7100, (fax) 631.367.1173, info@csgrr.com/
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  1

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    First Consolidated Amended Complaint
    Type: Complaint Date on the document: 02/09/2009
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 10/07/2009

     OTHER DOCUMENTS
    Class Action Complaint
    Case Name and/or Number: Marion Rollman, et al. v. Perini Corporation, et al.
    Type: Complaint Date on the document: 09/11/2008

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