According to the firm's 10-K filing dated 12/21/2000, on February 2, 2000, the Massachusetts Federal Court entered the Final Judgment, which, among other things, granted final judgment to and an approval of the settlement of the lawsuits on a class-wide basis, covering a class period of March 24, 1997 to July 8, 1997. No appeal was taken from the Final Judgment. The settlement amount was entirely funded by insurance proceeds.
By the Notice of Pendency and Proposed Settlement, the Settlement Fund consists of $725,000 in cash plus interest.
In an earlier 10-K filing dated 12/28/1999, the Company and certain present or former directors and/or officers of the Company were named as defendants in nine lawsuits filed in the Massachusetts Federal Court by alleged purchasers of the Company's Common Stock, purporting to be class actions. The lawsuits claim, among other things, that the Company violated the federal securities laws by publicly disseminating materially false and misleading statements concerning the prospects and safety of Redux, resulting in the artificial inflation of the Company's Common Stock price during various alleged class periods, the earliest commencing December 16, 1996 through September 17, 1997. On January 23, 1998, the Massachusetts Federal Court entered an order consolidating all of these actions for pretrial purposes. The plaintiffs subsequently filed a First Amended And Consolidated Class Action Complaint [Corrected Version] (the "Complaint") containing substantially similar substantive allegations against the Company, one officer and director and one director of the Company and alleging a class period of December 19, 1996 through September 15, 1997. The Complaint does not specify the amount of alleged
damages plaintiffs seek to recover. On May 11, 1998, the defendants moved to
dismiss the Complaint. On August 14, 1998, the Company received notice that the
defendants' motion to dismiss was denied. On September 23, 1998, the Massachusetts Federal Court issued a procedural order establishing a schedule for class certification briefing, fact and expert discovery, dispositive motions briefing and trial. On June 3, 1999, the Massachusetts Federal Court issued Practice and Procedure Order No. 9 which, following extensive briefing and oral argument, dismissed plaintiffs' motion for class certification. On July 30, 1999, the Court issued Practice and Procedure Order No. 11, which stayed all deadlines set by the Massachusetts Federal Court's September 23, 1998 Order pending approval of a proposed settlement. The parties are negotiating stipulated settlement papers, settling the lawsuits on a class-wide basis, which are expected to cover a class period of March 24, 1997 to July 8, 1997. The proposed settlement received preliminary approval on December 9, 1999.
The original complaint alleges that INP and certain individual officers and directors of INP publicly disseminated materially false and misleading statements concerning the prospects and safety of its only commercially salable drug Redux (dexfenfluramine) which resulted in the artificial inflation of the stock price for INP common stock during the Class Period.