Case Page

 

Case Status:    DISMISSED    
On or around 04/18/2012 (Other)

Filing Date: August 11, 2010

According to a press release dated August 12, 2010, the Complaint alleges that despite extensive positive statements by defendants in press releases and SEC filings during the Class Period regarding the Company's operational performance and future growth projections, these statements were false because: (1) defendants had propped up the Company's results by fraudulently inducing students to enroll in Education Management's scholastic and educational programs and engaged in other manipulative recruiting tactics; (2) defendants had materially overstated the Company's growth prospects by failing to properly disclose that defendants had engaged in illicit and improper recruiting activities, which also had the effect of artificially inflating the Company's reported results and future growth prospects; and (3) Education Management did not maintain adequate systems of internal operational or financial controls, which would have permitted Education Management's reported operational statements and foreseeable growth prospects to be true, accurate or reliable.

It was only on August 3, 2010 when a report by the United States General Accounting Office ("GAO") was leaked that investors finally began to learn the truth about Education Management. The August 4, 2010 GAO report concluded that for-profit educational institutions like Education Management had engaged in an illegal and fraudulent course of action designed to recruit students and over-charge the federal government for the cost of such education. Following these disclosures, Education Management’s common stock fell 18% in several trading days as this news reached the market.

On November 10, 2010, an Opinion and Order was issued by the Court appointing Lead Plaintiff and Lead Counsel.

On January 10, 2011, an amended class action complaint was filed by the lead plaintiff against the defendants. The defendants responded by filing two motions to dismiss on March 28, 2011.

COMPANY INFORMATION:

Sector: Services
Industry: Schools
Headquarters: United States

SECURITIES INFORMATION:

Ticker Symbol: EDMC
Company Market: NASDAQ
Market Status: Public (Listed)

About the Company & Securities Data


"Company" information provides the industry and sector classification and headquarters state for the primary company-defendant in the litigation. In general, "Securities" information provides the ticker symbol, market, and market status for the underlying securities at issue in the litigation.

In most cases, the primary company-defendant actually issued the securities that are the subject of the litigation, and the securities information and company information relate to the same entity. In a small subset of cases, however, the primary company-defendant is not the issuer (for example, cases against third party brokers/dealers), and the securities information and company information do not relate to the same entity.
COURT: W.D. Pennsylvania
DOCKET #: 10-CV-01061
JUDGE: Hon. Robert C. Mitchell
DATE FILED: 08/11/2010
CLASS PERIOD START: 10/02/2009
CLASS PERIOD END: 08/03/2010
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Kahn Swick & Foti, LLC (Madisonville)
    206 Covington Street, Kahn Swick & Foti, LLC (Madisonville), LA 70447
    (504) 455-1400 (504) 455-1498 ·
  2. Kahn Swick & Foti, LLC (Updated New York)
    500 Fifth Avenue, Ste. 1810, Kahn Swick & Foti, LLC (Updated New York), NY 10110
    212.696.3730 504.455-1498 ·
  3. Law Offices of Alfred G. Yates
    519 Alleghany Bldg., 429 Forbes Avenue, Law Offices of Alfred G. Yates, PA 15219
    412.391.5164 ·
No Document Title Filing Date
COURT: W.D. Pennsylvania
DOCKET #: 10-CV-01061
JUDGE: Hon. Robert C. Mitchell
DATE FILED: 01/10/2011
CLASS PERIOD START: 10/01/2009
CLASS PERIOD END: 08/13/2010
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Berman DeValerio (Boston)
    One Liberty Square, Berman DeValerio (Boston), MA 02109
    617.542.8300 617.542.8300 ·
No Document Title Filing Date