/raid1/www/Hosts/bankrupt/CAR_Public/990503.MBX
C L A S S A C T I O N R E P O R T E R
Monday, May 3, 1999, Vol. 1, No. 62
Headlines
AMERICAN BANKERS: Consumers Deceived by Fine Print are Certified
CREDIT ACCEPTANCE: Federal Court Dismisses Michigan Case
CURATIVE HEALTH: Kaplan Kilsheimer Files Complaint in New York
FVC.COM: Bernstein Litowitz Files Complaint in California
IRIDIUM WORLD: Stull Stull Files Suit in District of Columbia
LIGGETT GROUP: Jurisdiction Challenged for National Settlement
MCKESSON HBOC: Berman DeValerio Files Complaint in California
MCKESSON HBOC: Earnings Restatement Attracts Kirby McInerney
MCKESSON HBOC: Earnings Restatement Attracts Stull Stull
MCKESSON HBOC: Earnings Restatement Attracts Wechsler Harwood
MCKESSON HBOC: Earnings Restatement Attracts Weiss & Yourman
MCKESSON HBOC: Pomerantz Haudek Files Complaint in California
MCKESSON HBOC: Schiffrin & Barroway File Complaint in California
MCKESSON HBOC: Weinstein Kitchenoff Files Suit in California
MCKESSON HBOC: Wolf Haldenstein Files Complaint in California
NORTH FACE: Schoengold & Sporn File Complaint in Colorado
OKLAHOMA PRISONS: Funds Grant Temporary Reprieve in Medical Case
OSICOM TECHNOLOGIES: Bernstein Liebhard Files Suit in California
SEGUE SOFTWARE: Berman DeValerio Files Suit in Massachusetts
SEGUE SOFTWARE: Wolf Popper Files Complaint in Massachusetts
SOUTHTRUST BANK: Hanzman Criden Files Complaint in Florida
VIA RAIL: Passengers Say Negligence Caused Canadian Derailment
*********
AMERICAN BANKERS: Consumers Deceived by Fine Print are Certified
----------------------------------------------------------------
Consumers who purchased credit card insurance but whose claims
were denied because of restrictions contained in fine print are
having their day in Court. Justice Ira Gammerman of the Supreme
Court of the State of New York certified, on April 8, 1999, a
national class action of a class of consumers who purchased
credit card insurance from American Bankers Insurance Group,
Inc., American Bankers Insurance Company of Florida, and Bankers
American Life Assurance Company.
The suit charges these companies' advertising material and
solicitations, are, deceptive because the large, bold typeface
promises coverage if the insured cardholder dies, becomes
disabled or becomes unemployed, but then the fine print
restricts the availability of that coverage for a variety of
reasons, including the state of the customer's residence, the
age of the customer, and whether or not the customer is self-
employed, so that when a claim for insurance is made, the claim
is denied.
"It is gratifying that Justice Gammerman recognized that a class
action would be an appropriate method to address the claims of
those persons who have been damaged by defendants' actions,"
said Lester L. Levy, a partner at Wolf Popper LLP.
To learn more, contact Emily Madoff, Esq. or Lawrence D. Levit,
Esq. by calling 212-451-9622 or 877-370-7703, or write to
emadoff@wolfpopper.com or llevit@wolfpopper.com via email.
CREDIT ACCEPTANCE: Federal Court Dismisses Michigan Case
--------------------------------------------------------
The United States District Court for the Eastern District of
Michigan (J. Nancy G. Edmunds) has granted the motion of Credit
Acceptance Corporation (Nasdaq: CACC) and certain of its present
and former officers and directors to dismiss the previously
reported putative consolidated class action complaint which
sought money damages based upon alleged violations of the
federal securities laws and has entered a final judgement
dismissing the action with prejudice.
Credit Acceptance Corporation is a specialized financial
services company which provides funding, receivables management,
collection, sales training and related products and services to
automobile dealers selling vehicles to consumers with limited
access to traditional sources of consumer credit.
To learn more, call Brett A. Roberts 248-353-2700 Ext. 423.
CURATIVE HEALTH: Kaplan Kilsheimer Files Complaint in New York
--------------------------------------------------------------
Kaplan, Kilsheimer & Fox LLP filed a class action suit against
Curative Health Services, Inc. (Nasdaq: CURE) and certain
individuals associated with the Company in the United States
District Court for the Eastern District of New York. The suit is
brought on behalf of all persons or entities who purchased Cure
common stock between May 14, 1996 and April 9, 1999. The
Complaint alleges that defendants violated Sections 10(b) and
20(a) of the Securities Exchange Act of 1934 by issuing numerous
false statements about Cure and failing to disclose material
facts concerning the Company's financial condition.
Specifically, defendants engaged in a concerted course of
conduct to defraud Medicare so as to increase the Company's
reported revenues by: (a) filing excessive charges with
Columbia/HCA Healthcare Corporation ("Columbia") which were in
turn paid by Columbia to Cure following Columbia's reimbursement
by Medicare; (b) shifting costs from non-allowable services to
allowable services to assure payment by Medicare; (c) violating
the "anti-kickback" statute, as a portion of the Company's fees
was based on the number of new patients seen in the Company's
Wound Care Centers; and (d) failing to disclose that the
Company's illegal practices were jeopardizing the Company's
ability to remain a viable entity and that, absent the illegal
practices described below, the Company would have been unable to
recover substantial payments from Medicare.
The Company's fraudulent practices were disclosed on or about
April 9, 1999, when the United states Department of Justice
filed a "whistle blower" lawsuit against Columbia and Cure. The
complaint filed in the "whistle blower" action alleges that in
1993, after Medicare decided not to pay for Procuren(R) (a drug
used by the Company for the treatment of serious wounds),
Columbia and Cure agreed to amend its contracts by increasing
fixed management fees more than 400%, by cutting more than half
the amount charged by Cure for Procuren(R) and by adding a
management fee of $400 per patient. The lawsuit further alleges
that the $400 fee violated the Medicare Anti-kickback Act.
Prior to the disclosure of the adverse facts, certain insiders
and directors sold 99,317 shares of Cure common stock at
artificially inflated prices. Over $3.5 million in proceeds was
realized as a result of these sales.
For more information, contact Frederic S. Fox, Esq., Janine
Azriliant, Esq., or Donald R. Hall, Esq. at 800-290-1952 or 212-
687-1980, or write to lawkkf@aol.com via email.
FVC.COM: Bernstein Litowitz Files Complaint in California
---------------------------------------------------------
Bernstein Litowitz Berger & Grossmann LLP on April 27, 1999,
filed a class action lawsuit in the United States District Court
for the Northern District of California on behalf of all
purchasers of FVC.COM, Inc. common stock (NASDAQ: FVCX) between
January 21, 1999 and April 6, 1999. The complaint charges FVC,
and certain of its officers and directors, with violations of
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934,
as well as SEC Rule 10b-5. The complaint alleges that defendants
issued materially false and misleading statements concerning the
Company's financial results for the fourth quarter of 1998.
Specifically, the Complaint alleges that the Company knowingly
or recklessly overstated its revenues by improperly recognizing
revenues is violation of Generally Accepted Accounting
Principles ("GAAP"). The complaint further alleges that as a
result of the issuance of these statements, the price of FVC
common stock was artificially inflated, providing an opportunity
for certain of the defendants to sell over 260,000 shares of FVC
common stock to the investing public at artificially inflated
prices, and realize proceeds from these sales in excess $3.5
million. On April 6, 1999, FVC announced that it was reducing
its previously announced fourth quarter 1998 revenues of
approximately $12 million to approximately $4.7 - $5.2 million.
Following this announcement, FVC common stock fell over 60% from
$17.87 to $6.93 per share on volume of 4.85 million shares.
To learn more, call Robert S. Gans or Gerald H. Silk at 800-380-
8496 or 212-554-1400 or write to robert@blbglaw.com via email.
IRIDIUM WORLD: Stull Stull Files Suit in District of Columbia
-------------------------------------------------------------
A class action lawsuit was filed by Stull, Stull & Brody on
April 27, 1999, in the United States District Court for the
District of Columbia on behalf all persons who purchased Iridium
World Communications, Inc. (NASDAQ: IRID) securities or sold
Iridium put options between September 9, 1998, and March 29,
1999. The lawsuit charges Iridium, certain officers and
directors of Iridium, and Motorola, Inc. ("Motorola") with
violations of the federal securities laws and regulations of the
United States.
The Complaint alleges that defendants issued false and
misleading statements and failed to disclose material facts
concerning the Company's ability to fully launch the Iridium
System. Specifically, defendants falsely reported achievable
subscriber numbers and revenue figures, failed to disclose the
serious technical problems with the Iridium System, failed to
disclose delays in handset production which resulted in a
shortage of the necessary handsets which were required to
operate the Iridium System, and that, absent achieving the
requisite subscriber numbers and revenue figures, the Company
would violate covenants between itself and its lenders. The
Company's fraudulent practices were disclosed on March 29, 1999
when, for the first time, the Company disclosed that it would
not meet its necessary subscriber numbers and that as a direct
consequence would not be able to satisfy its Secured Credit
Facility covenants. Accordingly, the Company's common stock
dropped approximately 73% since its May 1998 high.
To learn more, call Tzivia Brody, Esq. at 800-337-4983 or write
to SSBNY@aol.com via email.
LIGGETT GROUP: Jurisdiction Challenged for National Settlement
--------------------------------------------------------------
According to an Associated Press story, attorneys challenged an
Alabama judge's jurisdiction over a proposed settlement of
Liggett Group's tobacco litigation, saying he cannot possibly
protect the interests of "everyone in the United States" who is
covered by the class-action case. "No class-action has ever been
this broad," Houston attorney Steve Baughman, representing Trial
Lawyers for Public Justice, told AP. Baughman and other lawyers
representing health-care providers and plaintiffs in pending
tobacco cases in other states argued that Mobile County Circuit
Court Judge Robert Kendall lacks jurisdiction over the
settlement.
Attorneys for Liggett said the critics' arguments were without
merit. Liggett attorney Marc Kasowitz of New York told the
Associated Press that the only place for Liggett to settle the
current dispute is in this class-action case, which creates a
limited fund to compensate injured smokers.
But David Bagwell, an attorney for Blue Cross insurance, told AP
that Alabama law requires that objectors to the settlement be
allowed to opt out of the settlement and file their own lawsuits
against Liggett if necessary. He also criticized Liggett's claim
that it has financial difficulties. The Associated Press
reported that a financial representative from Liggett next week
will give a deposition to the objectors' attorneys, who contend
the company is better off than when it first proposed this
limited-fund settlement.
Kendall, who inherited the Liggett case from a retired judge,
did not immediately rule on the jurisdiction question. He
scheduled a hearing June 3 to determine the fairness of the
settlement. Also, Kendall agreed to allow attorneys for black
smokers opposing the settlement to intervene with an argument
that it could block future lawsuits by black smokers. Statistics
have shown that blacks suffer higher rates of disease and death
from lung cancer and other smoking-related illnesses.
Additionally, according to the Associated Press, an attorney for
Indian tribes was granted a request to have the tribes excluded
from the settlement. Attorney Rhett D. Klok of Alburquerque,
N.M., argued that tribes should be treated as a foreign nation
when it comes to this settlement.
The AP wrote that Liggett first proposed the class-action
settlement two years ago, but the case was transferred to West
Virginia, where it was rejected as overly ambitious by a federal
judge. Plaintiffs' lawyers came back to state court in Alabama
last summer. Under the proposed settlement, Liggett would
cooperate with plaintiffs and their attorneys in lawsuits
brought against other tobacco companies. AP explained that
Liggett is the smallest of the five major tobacco companies.
Liggett also would pay an amount equal to 7.5 percent of all its
future sales into a fund that would be earmarked for
compensating victims who have smoked its cigarettes, such as
L&M, Lark and Chesterfield. If it fails to turn a profit in any
given year and it hasn't posted net income for years the class
is guaranteed $1 million annually. Liggett also pledged to
refrain from using outdoor or Internet advertising and would
comply with regulations aimed at preventing youths from smoking.
The proposal would place limits on the amount of damages that
Liggett Group would pay to people claiming harm from the
company's cigarettes.
According to the Associated Press, about 30 objections to the
settlement have been filed, with each objection containing
numerous parties. Blue Cross, for example, represents 44
separate Blue Cross insurance plans from around the country.
MCKESSON HBOC: Berman DeValerio Files Complaint in California
-------------------------------------------------------------
Berman, DeValerio & Pease filed a lawsuit against McKesson HBOC,
Inc. (NYSE: MCK) in the United States District Court for the
Northern District of California. The action charges that
beginning on April 14, 1998, HBO & Company (Nasdaq: HBOC) issued
materially false and misleading financial statements and that,
after HBO & Company was acquired by McKesson on January 12,
1999, McKesson then issued materially false and misleading
financial statements. The lawsuit, which seeks class action
status, is brought for violations of sections 10(b) and 20(a) of
the Securities Exchange Act of 1934 on behalf of purchasers of
HBO & Company common stock and call options and sellers of put
options during the period April 14, 1998 through January 12,
1999 and purchasers of McKesson HBOC common stock and call
options and sellers of put options during the period January 12,
1999 through April 27, 1999.
On April 28, 1999, prior to the opening of the stock market,
McKesson HBOC announced that it would restate previously issued
1998 financial statements, including a revision to the 1998
fiscal fourth quarter financial statements which were just
issued by McKesson HBOC. "The restatement is alleged to be the
result of HBO & Company recognizing revenue from software sales
in violation of Generally Accepted Accounting Principles" said
Jeffrey C. Block, a partner with Berman, DeValerio & Pease LLP,
the law firm representing the plaintiff. According to the
complaint, revenues for the quarter ending March 31, 1999 were
overstated by $26.2 million and software sales were overstated
by at least $16 million in prior quarters. McKesson HBOC's
common stock price plummeted on the news, falling from its
closing price of $65 3/4 on April 27, 1999 to a low of $32 per
share on April 28, 1999.
To learn more, contact Kathryn A. McElroy, Esq., Michael M.
Sullivan, Esq., Jeffrey C. Block, Esq., at bdplaw@bermanesq.com
via email or call 800-516-9926, or contact Ritu Patel, Esq., at
415-433-3200.
MCKESSON HBOC: Earnings Restatement Attracts Kirby McInerney
------------------------------------------------------------
Kirby McInerney & Squire, LLP, is investigating possible
securities fraud claims arising from a McKesson HBOC, Inc.
(NYSE: MCK) disclosure that revenues recorded in the prior
financial year had been improperly reported, and that earnings
will have to be restated. Following this announcement, the
trading price of McKesson stock fell by more than 45% from $65
per share to below $31.
To learn more, call Roger W. Kirby, Esq. or Ira M. Press, Esq.
or Barrett Godsey, Paralegal at 212-317-2300 or 888-529-4787 or
write to bgodsey@kmslaw.com via email.
MCKESSON HBOC: Earnings Restatement Attracts Stull Stull
--------------------------------------------------------
Stull, Stull & Brody is investigating a class action claim on
behalf of McKesson investors who purchased their shares on the
open market between July 28, 1998 and April 27, 1999 or in
connection with McKesson's acquisition of HBO & Co. This
interest arises out of McKesson's disclosure that it improperly
recorded sales from HBOC, that it is restating its earnings and
that it may make further revisions to its earnings as it
continues an audit.
To learn more, call Tzivia Brody, Esq. at 800-337-4983 or write
to SSBY@aol.com via email.
MCKESSON HBOC: Earnings Restatement Attracts Wechsler Harwood
-------------------------------------------------------------
Wechsler Harwood Halebian & Feffer LLP will commence a class
action on behalf of purchasers of McKesson HBOC, Inc. stock in
connection with transactions between July 28, 1998 and April 27,
1999. The interest arises out of McKesson's disclosure that it
improperly recorded sales, that it is restating its earnings and
that it may make further revisions to its earnings as it
continues an audit.
For more information, call 877-935-7400 and ask for Stuart D.
Wechsler or Samuel K. Rosen, or write to swechsler@whhf.com or
srosen@whhf.com via email.
MCKESSON HBOC: Earnings Restatement Attracts Weiss & Yourman
------------------------------------------------------------
Weiss & Yourman is investigating a class action claim on behalf
of McKesson HBOC Inc. (NYSE: MCK) investors who purchased their
shares on the open market between July 28, 1998 and April 27,
1999 or in connection with McKesson's acquisition of HBO & Co..
This action arises out of McKesson's disclosure that it
improperly recorded sales from HBOC, that it is restating its
earnings and that it may make further revisions to its earnings
as it continues an audit.
For more information, call 888-593-4771 or 212-682-3025 or write
to wynyc@aol.com via email.
MCKESSON HBOC: Pomerantz Haudek Files Complaint in California
-------------------------------------------------------------
Pomerantz Haudek Block Grossman & Gross LLP filed a class action
suit against McKesson HBOC, Inc. (NYSE: MCK) and certain of
corporate insiders in the United States District Court for the
Northern District of California on behalf of all investors who
purchased McKessonHBOC securities at inflated prices as a result
of the Company's falsely reported financial statements. The
Complaint charges that McKessonHBOC and certain individual
defendants violated Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934 by issuing materially false and misleading
statements to the investing public concerning its financial
results, and thereby artificially inflated the price of the
Company's securities.
McKessonHBOC was formed on January 13, 1999, after the Merger of
McKesson Corporation and HBO & Company. On April 22, 1999,
McKessonHBOC announced "record revenues and earnings" for the
fourth quarter of fiscal 1999. These results, however, have
proven to be false. Recently, McKessonHBOC issued a press
release to announce that it had materially inflated results for
the fourth quarter as well as for the prior quarters in 1999. In
particular, the Company revealed that it had improperly
recognized $26.2 million in sales in the fourth quarter, and an
additional $16 million in prior quarters, which have to be
reversed. The market reacted swiftly and dramatically to the
surprising news, falling as much as 51% to $32 per share,
cutting the Company's market value by as much as $9 billion.
According to Bloomberg News, Steven Valiquette, a Warburg Dillon
Read analyst, stated that "[t]he marketplace is basically
valuing [McKesson] as zero."
For more information, contact Mildred C. Frazzitta, Esq. or
Julian Carr at 888-476-6529 or at jpcarr@pomlaw.com by email.
MCKESSON HBOC: Schiffrin & Barroway File Complaint in California
----------------------------------------------------------------
A class action lawsuit was filed by the law firm of Schiffrin &
Barroway, LLP in the United States District Court for the
Northern District of California on behalf of all purchasers of
the common stock of McKesson HBOC, Inc. (NYSE: MCK) from October
19, 1998 through April 27, 1999, and all holders of HBOC &
Company whose shares were converted into McKesson HBOC shares
following McKesson's acquisition of HBOC.
The complaint charges McKesson HBOC and certain of its officers
and directors with issuing false and misleading financial
statements that artificially inflated the Company's income and
earnings per share.
To learn more, contact Andrew L. Barroway, Esq. at 888-299-7706
or 610-667-7706, or at info@scbclasslaw.com via email.
MCKESSON HBOC: Weinstein Kitchenoff Files Suit in California
------------------------------------------------------------
Weinstein Kitchenoff Scarlato & Goldman Ltd. filed a class
action lawsuit on behalf of persons who purchased shares of
McKesson HBOC, Inc. (NYSE: MCK) common stock between July 28,
1998 and April 27, 1999. The lawsuit has been commenced in the
United States District Court for the Northern District of
California. It charges McKesson and certain officers and
directors of the Company with violations of the federal
securities laws by misrepresenting and failing to disclose
material information regarding the Company's true financial
condition.
More specifically, the complaint alleges that McKesson
improperly recorded sales from HBOC, and that as a result, it
now must restate earnings and make further revisions to its
financial statements. When McKesson belatedly revealed its true
financial condition, the price of McKesson shares plummeted, and
investors who purchased shares of common stock were damaged.
To learn more, call Paul Scarlato, Esquire or Robert Kitchenoff,
Esquire at 215-545-7200 or write to pscarlato@wksg.com or
rkitchenoff@wksg.com via email.
MCKESSON HBOC: Wolf Haldenstein Files Complaint in California
-------------------------------------------------------------
Wolf Haldenstein Adler Freeman & Herz LLP filed a class action
lawsuit in the United States District Court for the Northern
District of California on behalf of investors who purchased both
the common stock of McKesson HBOC, Inc. (NYSE: MCK) between July
28, 1998, and April 28, 1999 and all persons who owned shares of
HBOC & Company ("HBOC") and whose shares of HBOC were converted
into shares of McKesson following McKesson's acquisition of
HBOC. The lawsuit charges that McKesson and certain of officers
and directors of the Company violated the federal securities
laws and regulations of the United States.
The Complaint alleges that defendants failed to disclose
material facts concerning the Company's improper recording of
revenue from its software sales. On April 28, 1999 the Company
announced that due to its improper recognition of revenue from
its software sales, it would have to restate its 1999 fiscal
year's earnings. Upon the release of this news, the Company's
stock dropped from its closing price on April 27, 1999 of $65
3/4 to as low as $ 33 1/8 on April 28, 1999 i.e. almost 50%.
To learn more, contact Gregory Mark Nespole, Esq., Fred Taylor
Isquith, Esq., or Shane T. Rowley, Esq., or legal assistant
Michael Miske by telephone at 800-575-0735 or write to
classmember@whafh.com or whafh@aol.com via email.
NORTH FACE: Schoengold & Sporn File Complaint in Colorado
---------------------------------------------------------
On April 26, 1999, a lawsuit was filed by Schoengold & Sporn,
P.C. in the Federal District Court for the District of Colorado
against The North Face, Inc.(NASDAQ: TNFI) William N. Simon
(former President and Chief Executive Officer), James G. Fifield
(President and Chief Executive Officer) and Christopher F.
Crawford (Chief Financial Officer) on behalf of purchasers of
the common stock during the period April 30, 1998 through and
including March 11, 1999.
The securities class action complaint charges the defendants
with violations of the federal securities laws (Sections 10(b)
and 20 of the Securities Exchange Act of 1934 and Rule 10b-5),
by among other things, misrepresenting and omitting material
information concerning The North Face's sales and net revenues
for the fiscal year ended December 31, 1998 and the first
quarter of 1999, thereby artificially inflating the Company's
sales and revenues. On March 11, 1999, the Company announced
that its Audit Committee "is evaluating the accounting treatment
of certain transactions recorded during the fourth quarter of
1997 and the first quarter of 1998." The Company stated that
this evaluation was likely to result in the restatement of its
financial results for the year ended December 31, 1997 and the
first quarter of 1998.
To learn more, call 800-232-8092 or write to SCHOENGOLD@AOL.COM
via email.
OKLAHOMA PRISONS: Funds Grant Temporary Reprieve in Medical Case
----------------------------------------------------------------
The Tulsa World reported that the Oklahoma Department of
Corrections has until June 21 to show that it has made
significant progress in improving inmate medical care. U.S.
District Judge Michael Burrage recently put on hold an ongoing
hearing to determine whether he should appoint a receiver to
manage prison medical operations. The continuance was granted
after lawmakers and Gov. Frank Keating gave the department a
$7.2 million increase for medical services.
According to The Tulsa World, the state faces allegations by
attorneys Louis Bullock and Thomas Seymour that deliberate
indifference caused avoidable inmate deaths and needless
suffering. The hearing began Monday in federal court in Tulsa.
At the end of testimony Thursday, Oklahoma Attorney General Drew
Edmondson asked for the stay in light of the appropriation.
"I don't think people who lost loved ones in this matter are
consoled by that," Bullock told The Tulsa World. "It should not
have happened." Bullock and Seymour and state attorneys worked
well into Thursday evening to come up with a document for the
basis of the order that led to the delay. It took less than 15
minutes Friday to approve the order. Burrage told the paper that
the agreement shows good faith by all parties.
The Tulsa World reported that Edmondson commended the
Legislature and Keating for their prompt action dealing with the
health-care needs of the Corrections Department. In May 1998,
prison medical expert Dr. Robert Greifinger toured four state
prisons and found widespread problems. He said some of the
problems constituted an emergency. Under the terms of Burrage's
order, communicable disease isolation cells in state prisons are
to be fully operational. In addition, tuberculosis protocols
shall be fully implemented in the prison system. Greifinger,
former chief medical officer for the New York State Department
of Correctional Services, testified recently that during his
visit to Oklahoma State Penitentiary, the isolation cells were
not working, which puts inmates and staff members in jeopardy of
contracting tuberculosis. Greifinger also said the department's
process for testing for the disease was woefully inadequate,
putting public health at risk.
The Tulsa World noted that the order requires the department to
fill posts for physicians, psychiatrists and dentists and keep
the posts filled with licensed personnel. Testimony in the
hearing indicated that a severe shortage of physicians was one
of the reasons medical staff members were found practicing
outside of their scope of license. The order also calls for
nurses to be trained in making physical assessments of patients.
It requires a formulary, or list of medications, to be fully
accessible without restriction by all physicians and
psychiatrists. Greifinger said the department's formulary lacked
entire classes of medications, including drugs to improve the
quality of life of some inmates with mental illness. All inmates
who are or have been on psychotropic medications or have mental
illness are to be examined, under the order. The appropriateness
of medication and treatment are to be reviewed by a fully
licensed psychiatrist. "From a review of recent suicides, it is
my opinion several suicides could have been prevented had
psychiatric care been delivered in appropriate manner,"
Greifinger said during testimony.
The department must also fill health care staffing vacancies in
the central office and appoint an interim chief medical officer.
According to The Tulsa World, the department hired Dr. Armond
Start as chief medical officer, but he won't be available full
time until this summer. The department also must buy basic
medical equipment, which Greifinger said was lacking.
Bullock withdrew subpoenas for Keating; his chief of staff, Ken
Lackey; Office of State Finance Director Tom Daxon; and Dennis
Cotner, the department's former medical services director.
Bullock told The Tulsa World he would not predict how Friday's
order will affect the case, a class-action inmate lawsuit that
was filed 27 years ago. "There have been a lot of
disappointments in the course of this case," Bullock told the
paper. "I don't want to diminish what the governor and
Legislature did." But major issues are left to pursue, he said.
OSICOM TECHNOLOGIES: Bernstein Liebhard Files Suit in California
----------------------------------------------------------------
A securities class action lawsuit was commenced by Bernstein
Liebhard & Lifshitz, LLP, on behalf of purchasers of the common
stock of Osicom Technologies, Inc. (Nasdaq: FIBR) between July
2, 1998 and April 21, 1999, in the United States District Court
for the Central District of California. The complaint charges
Osicom and certain of its officers and directors with violations
of the Securities Exchange Act of 1934 and Rule 10b-5. The
complaint alleges that the defendants issued materially false
and misleading statements and failed to disclose material facts
in the Company's public filings and public statements.
To learn more, contact Sandy A. Liebhard, Esq., or Abraham I.
Katsman, Esq., at 800-217-1522 or 212-779-1414 or write to
katsman@bernlieb.com via email.
SEGUE SOFTWARE: Berman DeValerio Files Suit in Massachusetts
------------------------------------------------------------
Berman, DeValerio & Pease LLP filed a class action lawsuits
against Segue Software, Inc. (Nasdaq: SEGU) in the United States
District Court for the District of Massachusetts. The lawsuit,
which seeks class action status, is brought for violations of
sections 10(b) and 20(a) of the Securities Exchange Act of 1934
on behalf of purchasers of Segue Software's common stock during
the period October 13, 1998 through April 9, 1999.
On April 9, 1999, after the close of the market, Segue Software
announced that it would restate its previously issued 1998
fiscal third quarter financial statements and would revise its
1998 fiscal fourth quarter financial statements. The restatement
is alleged to be the result of Segue Software improperly
recognizing revenue in violation of Generally Accepted
Accounting Principles. 1998 third quarter earnings per share
were overstated by $.03 per share and 1998 fourth quarter
earnings were overstated by $.08 per share. Segue Software's
common stock price, which recently traded as high as $24 5/8
plummeted to a low of $5 1/2 per share upon disclosure of the
restatement.
"The action charges that Segue Software issued materially false
and misleading financial statements during the class period by
overstating its publicly reported revenues and earnings" said
Jeffrey C. Block, a partner at Berman, DeValerio & Pease LLP.
For more information, contact Michael M. Sullivan, Esq. or
Jeffrey C. Block, Esq. at bdplaw@bermanesq.com or by calling
800-516-9926.
SEGUE SOFTWARE: Wolf Popper Files Complaint in Massachusetts
------------------------------------------------------------
Segue Software, Inc. (Nasdaq: SEGU) and two of its senior
officers have been named in a securities fraud lawsuit filed by
Wolf Popper LLP on April 27, 1999 in the U.S. District Court for
the District of Massachusetts. The lawsuit was filed on behalf
of all who purchased Segue common stock on the open market
during the period October 13, 1998 through April 9, 1999.
The lawsuit charges that defendants knew or were reckless in
failing to know that: (1) operating results reported for the
third quarter of 1998 and announced for the fourth quarter of
1998 were materially overstated due to improper recognition of
sales; and (2) sales, if any, from Segue's agreement with Sun
Microsystems would be insufficient to cover related costs. When,
after the close of the U.S. securities markets on April 12,
1999, defendants announced the true financial condition of Segue
in light of these accounting irregularities, Segue common stock
dropped $1-3/16 share, or approximately 18%, to close at $5-1/2
per share. This decline represented a $19-1/8 per share, or
approximately 78%, decline in market value from a recent high of
$24-5/8 per share on December 9, 1999. By masking the true
financial condition of Segue and artificially inflating the
price of Segue common stock, defendants were able to complete
two acquisitions using Segue common stock as currency.
For more information, contact Chet B. Waldman, Esq. or Catherine
E. Anderson, Esq. at 877-370-7703 or at cwaldman@wolfpopper.com
or canderso@wolfpopper.com via email.
SOUTHTRUST BANK: Hanzman Criden Files Complaint in Florida
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The law firms of Hanzman Criden Chaykin Ponce & Heise, P.A. and
Ackerman Link & Sartory filed a class action lawsuit (styled
Forrest Ball, Florence Ball, and Phyllis Cohen v. SouthTrust
Bank, N.A. and Carroll Richardson, Case No. 99-6468-Civ-
Dimitrouleas) in the United States District Court for the
Southern District of Florida on behalf of all who invested in
International Capital Management Inc. ("ICM") from January 1998
through Sept. 30, 1998.
The complaint charges that as part of and as a participant in
the scheme to defraud investors and create a market for
otherwise unmarketable ICM "securities," SouthTrust and
Richardson acted as a reference for potential investors in ICM.
The complaint further alleges that SouthTrust and Richardson
violated securities laws by touting ICM and its principals
without (a) any investigation into the background of any of
ICM's principals; (b) any investigation of financial statements
from ICM; and (c) any documentation concerning confirmation of
transactions or income earned by investors.
To learn more, call Alison Harke, Esq., 800-579-1896.
VIA RAIL: Passengers Say Negligence Caused Canadian Derailment
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Resource News International reported that a lawyer has launched
a multimillion-dollar class-action lawsuit over the crash of a
Via Rail train in Canada last week. Harvey Strosberg filed a
notice of action on behalf of the train's 183 passengers. The
action is against Via Rail and Canadian National Railway, which
operates the track.
According to Resource News International, the claim, filed in
Ontario Superior Court, alleges that the conduct of Via and CN
"was high-handed, outrageous, reckless, wanton, entirely without
care, deliberate, callous, disgraceful, willful, in contumelious
disregard of the [passengers'] rights." The suit alleges Via and
CN "were negligent and that Via Rail was in breach of its
contract with each class member." "Trains aren't derailed
without negligence," Strosberg told Resource News International.
Officials at CN Rail and Via declined to comment to Resource
News International.
The Toronto-bound train derailed about an hour after leaving
Windsor station. Transportation Safety Board officials told
Resource News International it appears two switches were
manually changed without the knowledge of the train's engineers.
Two crewmen died in the crash and 100 passengers were injured.
The train was believed to be travelling at 130 kilometers an
hour.
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S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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Group, Inc., Washington, DC. Peter A. Chapman, Editor.
Copyright 1999. All rights reserved. ISSN XXXX-XXXX.
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