Abbey Gardy, LLP Commences Class Action Securities Fraud Suit Against Able Laboratories, Inc.
June 01 2005 - 2:40PM
PR Newswire (US)
Abbey Gardy, LLP Commences Class Action Securities Fraud Suit
Against Able Laboratories, Inc. NEW YORK, June 1
/PRNewswire-FirstCall/ -- Abbey Gardy, LLP commenced a Class Action
lawsuit on behalf of a class (the "Class") of all persons who
purchased or acquired securities of Able Laboratories, Inc. ("Able"
or the "Company")(NASDAQ:ABRX) between October 30, 2002 and May 18,
2005 inclusive (the "Class Period"). The Complaint alleges that
defendants violated Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934, and Rule 10b-5 promulgated thereunder, by
issuing a series of material misrepresentations to the market
during the Class Period thereby artificially inflating the price of
Able securities. The action, captioned Skoros v. Able Laboratories,
Inc., et al., is pending in the United States District Court for
the District of New Jersey against defendants Able Laboratories,
Dhananjay G. Wadekar (CEO, President), Robert Weinstein (CFO,
Treasurer to November 2004). A copy of the complaint filed in this
action is available from the Court, or can be viewed
http://www.abbeygardy.com/ The Complaint alleges that starting on
October 30, 2002 and continuing until May 18, 2005, defendants made
a series of materially false and misleading statements regarding
the about Able's business and earnings. The Complaint alleges that
throughout the Class Period, Able failed to disclose and
misrepresented the following material adverse facts which were
known to defendants or recklessly disregarded by them: (1) the
Company's product testing procedures failed to meet standard
industry practices and good manufacturing practices established by
the FDA; (2) the Company was faced with potentially enormous
liabilities and fines as a result of its breaches of good
manufacturing practices; (3) the Company's breaches jeopardized not
only its current drug offerings but also the likelihood that drugs
in development would gain FDA approval; and (4) as a result of the
foregoing, defendants' opinions and statements concerning Able's
current and future earnings lacked a reasonable basis at all times.
On May 19, 2005, Able announced that it had identified departures
from standard operating procedures and good manufacturing practices
with respect to certain laboratory testing practices and that as a
result of these observations; the Company will be recalling
additional products in the future. Able also announced on May 19
the resignation of Wadekar from his positions as Chairman and Chief
Executive Officer. This news shocked the market and the reaction of
the stock market was dramatic. Shares of Able fell $18.37 per
share, or $74.59 per share, on May 19, 2005, to close at $6.25 per
share On May 23, 2005, Able Laboratories announced that it is
recalling all of its products for safety testing and taking the
additional drastic step of withdrawing seven of its "abbreviated
new drug applications" due to commercial reasons and
"identification, in certain applications, of data upon which the
Company is no longer willing to rely." During the Class Period,
insiders sold a total of 480,666 shares for proceeds of
$9,533,047.00. Plaintiff seeks to recover damages on behalf of all
those who purchased or otherwise acquired Able securities during
the Class Period. If you purchased or otherwise acquired Able
securities during the Class Period, and either lost money on the
transaction or still hold the securities, you may wish to join in
the action to serve as lead plaintiff. If you purchased Able
securities during the Class Period, you may, no later than July 22,
2005 request that the Court appoint you as lead plaintiff. A lead
plaintiff is a representative party that acts on behalf of other
class members in directing the litigation. In order to be appointed
lead plaintiff, the Court must determine that the class member's
claim is typical of the claims of other class members, and that the
class member will adequately represent the class. Under certain
circumstances, one or more class members may together serve as
"lead plaintiffs." Your ability to share in any recovery is not,
however, affected by the decision whether or not to serve as a lead
plaintiff. Abbey Gardy, LLP has been retained as one of the law
firms to represent the Class. The attorneys at Abbey Gardy, LLP
have extensive experience in securities class action cases, and
have played lead roles in major cases resulting in the recovery of
hundreds of millions of dollars to investors. If you would like to
discuss this action or if you have any questions concerning this
Notice or your rights as a potential class member or lead
plaintiff, you may contact: Susan Lee or Nancy Kaboolian, Esq.
Abbey Gardy, LLP 212 East 39th Street New York, New York 10016
(212) 889-3700 (800) 889-3701 (Toll Free) Or e-mail Susan Lee at .
DATASOURCE: Abbey Gardy, LLP CONTACT: Susan Lee or Nancy Kaboolian,
Esq., +1-212-889-3700, +1-800-889-3701, , both of Abbey Gardy, LLP
Web site: http://www.abbeygardy.com/
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