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Case Status:    SETTLED
On or around 03/23/1999 (Date of order of final judgment)

Filing Date: November 07, 1997

According to the docket posted on the site, Final Judgment and Order of Dismissal was ordered for the settlement of all charges against TriTeal Corporation and individual defendants on March 23, 1999. On December 3, 1999, a stipulation of settlement was reached with the remaining defendant, Ernst & Young LLP, and the court gave its Final Judgment and Order of Dismissal for that settlement on January 25, 2000. By the Notice of Pendency and Proposed Partial Settlement dated December 3, 1999, the case against Ernst & Young LLP was settled for $1,825,000 in cash.

As reported by the firm's 8-K filing dated 4/07/1999, the Company announced that it has received court approval of the settlement of the class action securities litigation pending against the Company, certain of its current and former officers and directors, and certain of the underwriters of the Company's public offering of common stock. Under the settlement, amongst other terms, the plaintiff classes and their attorneys were paid $12 million (of which $10 million was paid by the Company), and the plaintiffs dismissed with prejudice all claims pending in the actions against the Company, certain of its current and former officers and directors and the underwriters of the Company's public offerings.

The original complaint alleges that during the Class Period, TriTeal and certain of its officers and directors, and the underwriters from TriTeal's August 1996 initial public offering, violated Section 10(b) of the Securities Exchange Act of 1934 by making misrepresentations and omissions of material fact about the Company's financial condition and operations. More specifically, the complaint alleges, inter alia, that defendants artificially inflated the price of the Company's stock by falsely inflating its revenues and profits by improper revenue recognition policies in violation of generally accepted accounting principles and by failing to disclose the substantial problems and the weak demand for its core products. The motive for the defendants' false and misleading statements was to enable them to complete a secondary offering of stock in February 1997, allowing the insiders to reap $15.1 million with the underwriters pocketing $2.3 million and for certain insiders to sell additional shares of stock before the truth was disclosed. At the end of the Class Period, TriTeal reported a substantial loss, which wiped out all the net income and earnings per share that it had ever reported as a public company, and several millions of dollars of accounting charges to accurately reflect its financial results. Defendants' disclosures at the end of the Class Period caused TriTeal stock to collapse to $4-1/8, a 50% drop in one day, and more than 80% from its Class Period high of $24-1/4.

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