Current Cases

Air Cargo Shipping Services Antitrust Litigation

Kaplan Fox has been appointed by the court as co-lead counsel for direct purchasers of air cargo shipping services in an antitrust class action against the world’s major providers of air cargo shipping services.

Arena Pharmaceuticals, Inc. Securities Litigation

Kaplan Fox is court-appointed lead counsel in this securities class action. The action is brought on behalf of purchasers of securities of Arena Pharmaceuticals, Inc. (“Arena” or the “Company”) and alleges that Arena and certain of its executives violated the federal securities laws by making misrepresentations and failing to disclose material information regarding the safety of Arena’s new weight-loss drug, lorcaserin (now known as Belviq). In particular, the action alleges that defendants failed to disclose an adverse nonclinical study in rats that indicated lorcaserin caused cancer in rats...

Bank of America Securities Litigation

Kaplan Fox is court appointed co-lead counsel in the case against Bank of America. The State Teachers Retirement System of Ohio, The Ohio Public Employees Retirement System, The Teacher Retirement System of Texas, Stichting Pensioenfonds Zorg en Welzijn, represented by PGGM Vermogensbeheer B.V., and Fjärde AP-Fonden are Court-appointed Co-Lead Plaintiffs...

Credit Suisse-AOL Securities Litigation

Plaintiffs allege that Defendants’ AOL reports publicly touted the stock, depicting the company as rising above the withering advertising downturn and “achieving huge share gains” in the ad market, despite their true beliefs that the company was in precarious financial condition and would miss Defendants’ public projections.

Fannie Mae Securities Litigation

Kaplan Fox is the court-appointed co-lead counsel in the case against Federal National Mortgage Association (“Fannie Mae” or “Fannie”). The Massachusetts Pension Reserves Investment Management Board, the Boston Retirement Board, and the Tennessee Consolidated Retirement System are the court-appointed co-lead plaintiffs in this securities fraud action arising out of the financial collapse of Fannie Mae.

Gentiva Securities Litigation

Kaplan Fox is the court appointed lead counsel in the securities class action against Gentiva Health Services, Inc. (“Gentiva” or the “Company”) and other related defendants in connection with Gentiva’s recent disclosure that it had materially misstated its financial results...

Hawaiian and Guamanian Cabotage Antitrust Litigation

Plaintiffs allege that from at least October 11, 1999 through at least April 19, 2008 defendants conspired to fix, raise, and maintain the prices of ocean shipping services in the Hawaii/Guam market in violation of Sections 1 and 3 of the Sherman Antitrust Act.

Immucor Securities Litigation

On April 2, 2010, Lead Plaintiff filed the Consolidated Amended Class Action Complaint (the “CAC”). The gravamen of the CAC is that throughout the Class Period, Immucor and certain of its officers violated the federal securities laws by making a series of materially false and misleading statements.

In re Stillwater Capital Partners Inc. Litigation

TO:    ALL PERSONS AND ENTITIES WHO INVESTED IN FUNDS (THE “STILLWATER FUNDS”) MANAGED BY STILLWATER CAPITAL PARTNERS, INC. OR STILLWATER CAPITAL PARTNERS, LLC (TOGETHER, “STILLWATER”) AND EITHER (1) ACQUIRED THE COMMON STOCK OF GEROVA FINANCIAL GROUP, LTD. (“GEROVA”) PURSUANT TO A SHARE EXCHANGE AGREEMENT DATED DECEMBER 23, 2009 THAT WAS COMPLETED ON JANUARY 20, 2010 (THE “BUSINESS COMBINATION”) OR (2) REQUESTED A FULL OR PARTIAL REDEMPTION OF YOUR INVESTMENT WHICH YOU HAVE NOT RECEIVED AS OF JANUARY 20, 2010.

Neurontin Antitrust Litigation

The Plaintiffs allege that the Defendants Pfizer Inc. and Warner-Lambert Co., illegally maintained a monopoly by preventing generic versions of its blockbuster drug, Neurontin, from coming to the market, in violation of Section 2 of the Sherman Act.

Nevsun Resources Securities Litigation

Kaplan Fox is the court appointed co-lead counsel in the securities class action against Nevsun Resources, Ltd. (“Nevsun” or the “Company”) and other related defendants in connection with Nevsun’s recent disclosure that it had materially misstated its financial results...

Nifedipine Antitrust Litigation

Plaintiffs claim that Defendants, including Biovail Corporation, Elan Corporation plc, and Teva Pharmaceuticals USA, Inc., engaged in a combination or conspiracy to restrain trade in the market for the generic Adalat CC, in violation of Section 1 of the Sherman Act.

Penson Worldwide Securities Litigation

Kaplan Fox is the court appointed co-lead counsel in the securities class action against Penson Worldwide, Inc. (“Penson” or the “Company”) and other related defendants in connection with Penson’s recent disclosure that it had materially misstated its financial results...

Rail Freight Fuel Surcharge Antitrust Litigation

Plaintiffs allege that the defendants conspired to coordinate their fuel surcharge programs as a means to fix, raise, maintain, and/or stabilize prices of rail freight transportation services sold in the United States.

Refrigerant Compressors Antitrust Litigation

Plaintiffs allege that the defendants, in violation of Section 1 of the Sherman Antitrust Act, conspired to inflate, fix, raise, maintain, or artificially stabilize prices and to commit other anti-competitive acts for the purpose and effect of unlawfully inflating, fixing, raising, maintaining, or artificially stabilizing prices of Compressors...

SunPower Securities Litigation

On May 28, 2010, Lead Plaintiffs filed the Consolidated Complaint for violation of the federal securities laws (“Complaint”). Plaintiffs assert claims against SunPower and certain individuals, including its Chief Executive Officer (Thomas H. Werner) and its Chief Financial Officer (Dennis V. Arriola)...

Wal-Mart Derivative Litigation

Kaplan Fox currently represents the New York City Pension Funds (the “NYC Funds”) in a derivative action pending in the Court of Chancery of the State of Delaware against the directors of Wal-Mart involving alleged bribery and fraud at the company’s Mexican subsidiary, Wal-Mex...