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Robbins Geller Rudman & Dowd LLP Files Class Action
Securities Class Action | 2010/09/14 16:37

Robbins Geller Rudman & Dowd LLP (“Robbins Geller”) (http://www.rgrdlaw.com/cases/cvb/) today announced that a class action has been commenced in the United States District Court for the Central District of California on behalf of purchasers of CVB Financial Corp. (“CVB”) (NASDAQ:CVBF - News) common stock during the period between October 21, 2009 and August 9, 2010 (the “Class Period”).

If you wish to serve as lead plaintiff, you must move the Court no later than 60 days from August 23, 2010. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiff’s counsel, Dave Walton of Robbins Geller at 800/449-4900 or 619/231-1058, or via e-mail at djr@rgrdlaw.com. If you are a member of this class, you can view a copy of the complaint as filed or join this class action online at http://www.rgrdlaw.com/cases/cvb/. Any member of the putative class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.

The complaint charges CVB and certain of its officers and directors with violations of the Securities Exchange Act of 1934. CVB is a financial services company and the bank holding company for Citizens Business Bank.

The complaint alleges that during the Class Period, defendants issued materially false and misleading statements regarding the Company’s business and financial results and engaged in improper behavior that harmed CVB’s investors by failing to disclose the extent of seriously delinquent commercial real estate loans and by failing to adequately and timely record losses for its impaired loans, causing its financial statements to be materially false. As a result of defendants’ false statements, CVB’s stock traded at artificially inflated prices during the Class Period, reaching a high of $11.46 per share on April 22, 2010. The top officers and directors of CVB benefited, as the Company’s purportedly favorable financial results contributed to the compensation paid to the top officers.

Then, on August 9, 2010, after the market closed, CVB filed its Form 10-Q with the Securities and Exchange Commission (the “SEC”) for the second quarter of 2010, revealing that on July 26, 2010, the Company had received a subpoena from the SEC requesting information about the Company’s loan underwriting guidelines and its allowance for credit losses. The SEC was also seeking information about CVB’s methodology for grading loans and how it calculates provisions for loan losses. On this news, CVB’s stock fell $2.30 per share to close at $8.00 per share on August 10, 2010 – a one-day decline of over 22% and a 30% decline from the stock’s Class Period high.

According to the complaint, the true facts, which were known by the defendants but concealed from the investing public during the Class Period, were as follows: (a) defendants failed to properly account for CVB’s commercial real estate loans, failing to reflect impairment in the loans; (b) CVB had not adequately reserved for loan losses such that its financial statements were presented in violation of Generally Accepted Accounting Principles; and (c) defendants failed to maintain proper internal controls related to CVB’s accounting for its loan loss reserves.

Plaintiff seeks to recover damages on behalf of all purchasers of CVB common stock during the Class Period (the “Class”). The plaintiff is represented by Robbins Geller, which has expertise in prosecuting investor class actions and extensive experience in actions involving financial fraud.

Robbins Geller, a 180-lawyer firm with offices in San Diego, San Francisco, New York, Boca Raton, Washington, D.C., Philadelphia and Atlanta, is active in major litigations pending in federal and state courts throughout the United States and has taken a leading role in many important actions on behalf of defrauded investors, consumers, and companies, as well as victims of human rights violations. The Robbins Geller Web site (http://www.rgrdlaw.com) has more information about the firm.



Statman, Harris & Eyrich, LLC Announces Class Action
Securities Class Action | 2010/09/09 02:29

The law firm of Statman, Harris & Eyrich, LLC, which has significant experience in class actions, announced today that a class action has been filed against Almost Family Inc. ("Almost Family" or the "Company") for potential violations of state and federal law. The class action was filed on behalf of purchasers of stock during the period of November 4, 2009 -- June 30, 2010 (the "Class Period").

Almost Family, together with its subsidiaries, provides home health services in the United States, operating through two segments, Visiting Nurse and Personal Care.

The complaint alleges that during the Class Period, defendants issued materially false and misleading statements regarding the Company's operations and its business and financial results and outlook. Defendants misled investors by failing to disclose that: (i) the Company was deliberately increasing the number of unnecessary home therapy visits in order to receive increased Medicare reimbursements; and (ii) as a result of defendants' conduct, the Company's reported sales and earnings were materially inflated. As a direct result of defendants' false statements, Almost Family's common stock traded at artificially inflated prices during the Class Period, reaching a high of $43.96 per shares on April 29, 2010.

On April 26, 2010, the Wall Street Journal ("WSJ") reported that certain home health providers intentionally increased the number of in-home therapy visits to patients to coincide with higher reimbursement rates through Medicare. According to the WSJ article, the percentage of Almost Family patients receiving 10 visits dropped by 39% from 2007 to 2008, when the 10 visit reimbursement bonus was eliminated from Medicare in January 2008.

As a result of the WSJ article, the Company has come under intense scrutiny, including an inquiry by the United States Senate Finance Committee. On July 1, 2010, Almost Family announced that it had been notified that the Securities and Exchange Commission ("SEC") had launched a formal investigation of the Company. Almost Family also announced that it had received a subpoena from the SEC seeking documents related to the Company's "home health care services and operations, including reimbursements under the Medicare home health prospective payment system, since January 1, 2000." As a result of this negative news, Almost Family's common stock fell $3.88 per share or 11.11%, on July 1, 2010, on high volume.

If you purchased shares of Almost Family during the Class Period, you have until October 4, 2010 to ask the Court to appoint you as lead plaintiff for the class. If you would like more information about your shareholder rights, contact attorneys Melinda Nenning or Elizabeth Hutton for further information without any obligation or cost to you at (513) 345-8181, Ext. 3095, or by email at mnenning@statmanharris.com or ehutton@statmanharris.com.

Statman, Harris & Eyrich, LLC has offices in Chicago, Illinois; Cincinnati, Ohio; Dayton, Ohio; and Sarasota, Florida. www.statmanharris.com



The Shuman Law Firm Announces the Filing of a Class Action Lawsuit
Securities Class Action | 2010/09/08 07:29

The Shuman Law Firm today announced that a class action lawsuit has been filed in the United States District Court for the Central District of California on behalf of purchasers of the common stock of CVB Financial Corporation between October 21, 2009 and August 9, 2010, inclusive (the "Class Period").

If you wish to discuss this action or have any questions concerning this notice or your rights and interests with respect to this matter, please contact Kip B. Shuman or Rusty E. Glenn toll free at (866) 974-8626 or email Mr. Shuman at kip@shumanlawfirm.com or Mr. Glenn at rusty@shumanlawfirm.com.

The Complaint alleges that CVB and certain of its officers and directors violated federal securities laws by making a series of materially false and misleading statements. Specifically, the Complaint alleges that defendants had propped up the Company's results by manipulating CVB's accounting for costs and expenses by failing to properly account for impaired loans. On August 9, 2010, defendants disclosed that the Company was the subject of an investigation by the SEC into possible accounting violations related to the manner in which defendants accounted for troubled loans. This disclosure had an immediate impact on the price of Company shares, which fell 22% to close at $8.00 per share on August 10, 2010.

If you purchased CVB common stock during the Class Period, you may request that the Court appoint you as lead plaintiff of the class no later than October 22, 2010. A lead plaintiff is a class member that acts on behalf of other class members in directing the litigation. Although your ability to share in any recovery is not affected by the decision whether or not to seek appointment as a lead plaintiff, lead plaintiffs make important decisions which could affect the overall recovery for class members.

The Shuman Law Firm represents investors throughout the nation, concentrating its practice in securities class actions and shareholder derivative actions.



Hemispherx Biopharma settles class action securities lawsuits
Securities Class Action | 2010/09/05 14:19

Hemispherx Biopharma agreed Tuesday to settle all of the pending securities class actions against the biotechnology company that had been consolidated in the U.S. District Court for the Eastern District of Pennsylvania.

The proposed settlement requires formal court approval.

Terms of the settlement were not disclosed. Hemispherx (AMEX:HEB) of Philadelphia said the settlement will be paid from the company's insurance coverage and will not result in the payment of any funds by the company. The company said the settlement “expressly is not an admission of any culpability by Hemispherx or its officers.”

The series of lawsuits, according to documents Hemispherx filed with the Securities and Exchange Commission, alleged the company and certain officers misrepresented the status of Hemispherx’s new drug application for Ampligen, an experimental treatment for chronic fatigue syndrome the company has worked on for more than three decades.

Last November, the FDA rejected the company’s new drug application for Ampligen and recommended the company conduct additional studies to demonstrate effectiveness. Hemispherx has stated it is continuing to work with the FDA to address the issues raised by the agency.



Settlement Reached in the Quest Securities Class Action
Securities Class Action | 2010/09/05 14:09

The following statement is being issued by Federman & Sherwood, The Rosen Law Firm, P.A., and John E. Barush, P.C. regarding the Quest Securities Class Action and Derivative Litigation.


            UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA

               SUMMARY NOTICE OF PENDENCY AND PROPOSED SETTLEMENT
                     OF CLASS ACTIONS AND DERIVATIVE LAWSUIT
                     ---------------------------------------


  This Notice relates to the following actions (the "Quest Actions"):

  --  Michael Friedman, individually and on behalf of all others similarly
     situated vs. Quest Energy Partners, LP; Quest Energy GP, LLC; Quest
     Resource Corporation; Jerry Cash; David E. Grose; David C. Lawler;
     Gary Pittman; Mark Stansberry; Murrell, Hall, McIntosh & Co., PLLP;
     and Eide Bailly LLP, Case No. 08-CV-936-M

  --  James Jents, individually and on behalf of all others similarly
     situated vs. Quest Resource Corporation; Jerry Cash; David E. Grose;
     and John Garrison, Case No. 08-CV- 968-M

  --  J. Steven Emerson; Emerson Partners; J. Steven Emerson Roth IRA; J.
     Steven Emerson IRA RO II; and Emerson Family Foundation vs. Quest
     Resource Corporation Inc.; Quest Energy Partners LP; Jerry Cash; David
     E. Grose; and John Garrison, Case No. 5:09-cv-1226M

  --  Bristol Capital Advisors and Bristol Investment Fund, LTD vs. Quest
     Resource Corporation, Inc.; Jerry Cash; David E. Grose; and John
     Garrison, Case No. CIV-09-932

  --  James Stephens, derivatively on behalf of Nominal Defendant Quest
     Resource Corporation, Inc. vs. William H. Damon, III; Jerry Cash;
     David Lawler; David E. Grose; Jaime B. Kite, Jr.; John C. Garrison;
     and Jon H. Rateau and Quest Resource Corporation, Inc., Case No.
     CIV-08-1025

TO: ALL PERSONS WHO PURCHASED COMMON UNITS OF QUEST ENERGY PARTNERS, LP (NOW NAMED "POSTROCK MIDCONTINENT PRODUCTION, LLC") (HEREIN REFERRED TO AS "QUEST ENERGY") DURING THE PERIOD FROM NOVEMBER 7, 2007 THROUGH AUGUST 24, 2008, INCLUSIVE, ("QUEST ENERGY CLASS"), AND/OR PURCHASED COMMON STOCK OF QUEST RESOURCE CORPORATION (NOW NAMED "POSTROCK ENERGY SERVICES CORPORATION") (HEREIN REFERRED TO AS "QUEST RESOURCE") DURING THE PERIOD FROM MAY 2, 2005 THROUGH AUGUST 25, 2008, INCLUSIVE, ("QUEST RESOURCE CLASS"), OR ARE SHAREHOLDERS OF POSTROCK ENERGY CORPORATION ("POSTROCK")


YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States District Court for the Western District of Oklahoma, that a hearing will be held on November 29, 2010 at 10:00 a.m. in room 301 before the Honorable Vicki Miles-LaGrange, United States District Judge for the Western District of Oklahoma, 200 NW 4th Street, Oklahoma City, OK 73102 for the purpose of determining: (1) whether the proposed Settlement consisting of the sum of $10,100,000 (of which a total of $1,010,000 will be paid to plaintiffs in both law suits known as Bristol Capital Advisors v. Quest Resource Corporation, Inc., et al., Case No. CIV-09-932, (the "Bristol Capital Litigation"), and Emerson v. Quest Resource Corp., Case No. 5:09-cv-1226M, (the "Emerson Litigation")) should be approved by the Court as fair, reasonable, and adequate; (2) whether the corporate governance reforms approved by the PostRock Energy Corporation board of directors in consideration for a full release and dismissal with prejudice of the derivative lawsuit known as Stephens v. Damon, et al., Case No. 08-CV-1025-M, (the "Stephens Litigation") in addition to other pending derivative lawsuits is fair, reasonable and adequate; (3) whether the proposed plan to distribute the settlement proceeds is fair, reasonable and adequate; (4) whether the application for an award of attorneys' fees of one third of the Settlement amount and reimbursement of expenses of not more than $350,000 should be approved; and (5) whether the class actions made on behalf of the Quest Energy Class and the Quest Resource Class, in addition to the Bristol Capital Litigation, the Emerson Litigation, and the Stephens Litigation, should be dismissed with prejudice.


If you purchased common units of Quest Energy during the class period from November 7, 2007 through August 24, 2008, inclusive, if you purchased common stock of Quest Resource during the class period from May 2, 2005 through and including August 25, 2008, and/or are a current PostRock shareholder, your rights may be affected by this Settlement. If you are a member of the Quest Energy Class, the Quest Resource Class and/or are a current PostRock shareholder and have not received a detailed Notice of Pendency and Proposed Settlement of Class Actions and Derivative lawsuit and a copy of the Proof of Claim and Release, you may obtain copies by writing to Quest Securities Litigation, c/o The Garden City Group, Inc., Claims Administrator, P.O. Box 9657, Dublin, OH 43017, or going to its website, www.gardencitygroup.com.


If you are a member of the Quest Energy Class or Quest Resource Class, in order to share in the distribution of the Net Settlement Fund, you must submit a Proof of Claim and Release no later than November 13, 2010, establishing that you are entitled to recovery. You will be bound by any judgment rendered whether or not you make a claim. If you desire to be excluded from the Quest Energy Class or the Quest Resource Class you must mail your exclusion request, post-marked no later than November 15, 2010, to The Garden City Group, Inc.


Any objection to the Settlement, Plan of Allocation, or the Request for Award of Attorneys' Fees and Reimbursement of Expenses must be mailed or delivered such that it is received by each of the following no later than November 15, 2010:


  Clerk of the Court
  U.S. District Court
  Western District of Oklahoma
  200 NW 4th Street
  Room 301
  Oklahoma City, OK 73102

  Phillip Kim, Esq.
  THE ROSEN LAW FIRM, P.A.
  350 Fifth Avenue, Suite 5508
  New York, NY 10118
  Tel:  (212) 686-1060
  Fax: (212) 202-3827
  Class Counsel

  William B. Federman, Esq.
  Federman & Sherwood
  10205 North Pennsylvania Avenue
  Oklahoma City, OK 73120
  Class Counsel

  John E. Barbush, Esq.
  John E. Barbush, P.C.
  120 N. Robinson
  Suite 2700
  Oklahoma City, OK 73102
  Derivative Counsel

  Michael J. Biles, Esq.
  Greenberg Traurig LLP
  300 West 6th Street, Suite 2050
  Austin, TX  78701
  Counsel for Defendants

  Robert S. Harrell
  Fulbright & Jaworski L.L.P.
  1301 McKinney, Suite 5100
  Houston, TX 77010-3095
  Counsel for Defendants

  If you have any questions about the Settlement, you may call or write to Class Counsel:

  Phillip Kim, Esq.
  THE ROSEN LAW FIRM, P.A.
  350 Fifth Avenue, Suite 5508
  New York, NY 10118
  (212) 686-1060

  William B. Federman, Esq.
  Federman & Sherwood
  10205 North Pennsylvania Avenue
  Oklahoma City, OK 73120
  (405) 235-1560



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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
 
 
 

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