According to the law firm press release, ERBA develops, manufactures, and markets diagnostic test kits or assays, and automated systems that are used to aid in the detection of disease markers primarily in the areas of autoimmune, infectious diseases, clinical chemistry, hematology, and diabetes testing. The Company also develops, manufactures, and markets autoimmune reagents and research products for use by research laboratories and commercial diagnostic manufacturers. The Company markets its products through its sales force to hospitals, reference laboratories, clinical laboratories, and research laboratories, as well as to other commercial companies that manufacture diagnostic products in the United States; and through sales representatives and independent agents in Italy, as well as through independent distributors internationally.
The Complaint alleges that throughout the Class Period, Defendants made false and/or misleading statements, as well as failed to disclose material adverse facts about the Company’s business, operations, and prospects. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (i) the Company lacked adequate controls over financial reporting; (ii) the Company’s financial statements during the Class Period were materially false and misleading; and (iii) as a result of the foregoing, Defendants’ statements regarding ERBA’s business, operations, and prospects were false and misleading and/or lacked a reasonable basis.
On November 20, 2015, post-market, ERBA disclosed that the Company’s previously issued financial statements for each of the years ended December 31, 2014 and 2013 and for each of the interim periods ended March 31, 2015 and June 30, 2015 (collectively, the “Non-Reliance Periods”) should no longer be relied upon. ERBA further disclosed that it intends to restate its financial statements for the Non-Reliance Periods.
On this adverse news, ERBA’s shares fell $0.30, or over 17%, to close at $1.44 on November 23, 2015.
This first filed case was voluntarily dismissed on Feburary 9, 2016. A later filed related action continues under 15-CV-24440.
This case was ordered dismissed on February 27, 2017. Lead Plaintiff filed a Notice appealing the District Court's Order of Dismissal on March 23.
On June 28, 2018, the parties entered into a Stipulation of Settlement. On August 2, the Court of Appeals issued an Order staying the appeal and remanding to the District Court to review the Settlement. The District Court issued an Order granting preliminary approval of the Settlement on September 28. On February 28, 2019, the Court granted final approval of the Settlement and entered Final Judgment. On October 21, the Court issued an Order granting distribution of the net Settlement fund.