Fraud Class Action Against Former Midway Games Executives Dismissed

Fraud Class Action Against Former Midway Games Executives Dismissed - 10-27-2009

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2009 News and Press Releases

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HEADLINES \| SETTLEMENTS AND DISMISSALS \| COURT FILINGS LINKS TO OTHER NEWS \| NEWS ARCHIVE	HEADLINES ARCHIVED SETTLEMENTS AND DISMISSALS ARCHIVED

DISMISSAL NEWS:

Fraud Class Action Against Former Midway Games Executives Dismissed
Andrew Longstreth

The American Lawyer. October 27, 2009
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EXCERPT: Is it finally game over for the shareholders of Midway Games? Midway, the maker of such fine entertainment as Mortal Kombat, filed for bankruptcy last February. Its assets were later sold to Warner Brothers, but not before the company's former shareholders sued its former executives for securities fraud. Now, however, it looks like their claims are in mortal distress: Last week, Chicago federal district court judge David Coar granted the defendants' motion to dismiss. The plaintiffs, represented by Coughlin Stoia Geller Rudman & Robbins, alleged that the former Midway executives artificially pumped up the company's stock price through a variety of misrepresentations and omissions about Midway's financial condition. They complained, for example, that Midway belatedly announced $13 million in restructuring charges as a result of closing down a gaming company it acquired. To show scienter, the plaintiffs also threw in allegations of insider trading. […] Coar ruled that he didn't even need to address scienter, finding that the alleged omissions and misrepresentations were not material. But he also noted that if he had reached the question of the defendants' intent, the plaintiffs' insider trading allegations would not have passed muster.

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