Danimer Scientific Announces Second Circuit Court Affirms Dismissal of Class Action Lawsuit
October 28 2024 - 8:30AM
Business Wire
Danimer Scientific, Inc. (NYSE: DNMR) (“Company” or “Danimer
Scientific”), a leading next generation bioplastics company focused
on the development and production of biodegradable materials,
announced that, on September 27, 2024, the United States Court of
Appeals for the Second Circuit affirmed the 2023 Order of the
United States District Court for the Eastern District of New York
dismissing a previously disclosed putative class action complaint
captioned In re Danimer Scientific, Inc. Securities Litigation.
Subsequently, the plaintiffs in the three shareholder derivative
cases that had been pending in state and federal courts in
Delaware, which cases had been stayed pending the outcome of the
Second Circuit case, dismissed their complaints.
“We are pleased that the Second Circuit upheld the District
Court’s decision as we expected and to have the other derivative
cases dismissed,” said Richard Altice, Danimer’s Interim Chief
Executive Officer. “We look forward to putting this distraction
fully behind us and remain committed to partnering with our current
and future customers to bring sustainably-sourced and biodegradable
products and packaging to the market.”
About Danimer Scientific
Danimer is a pioneer in creating more sustainable, more natural
ways to make plastic products. For more than a decade, its
renewable and sustainable biopolymers have helped create plastic
products that are biodegradable and compostable and return to
nature instead of polluting our lands and waters. Danimer’s
technology can be found in a vast array of plastic end products
that people use every day. Applications for its biopolymers include
additives, aqueous coatings, fibers, filaments, films and
injection-molded articles, among others. Danimer holds more than
480 granted patents and pending patent applications in more than 20
countries for a range of manufacturing processes and biopolymer
formulations. For more information, visit
https://danimerscientific.com.
Forward‐Looking Statements
Please note that in this press release we may use words such as
“appears,” “anticipates,” “believes,” “plans,” “expects,”
“intends,” “future,” and similar expressions which constitute
forward-looking statements within the meaning of the safe harbor
provisions of the Private Securities Litigation Reform Act of 1995.
Forward-looking statements include, without limitation, statements
regarding the Company’s expectations regarding the outcome of
litigation matters and our future and operational performance.
Forward-looking statements are made based on our expectations and
beliefs concerning future events impacting the Company and
therefore involve a number of risks and uncertainties. We caution
that forward-looking statements are not guarantees and that actual
results could differ materially from those expressed or implied in
the forward-looking statements. Potential risks and uncertainties
that could cause the actual results of operations or financial
condition of the Company to differ materially from those expressed
or implied by forward-looking statements in this release include,
but are not limited to, the risk that any further appeal of the
class action lawsuit is ultimately successful, the overall level of
consumer demand on our products; general economic conditions and
other factors affecting consumer confidence, preferences, and
behavior; disruption and volatility in the global currency,
capital, and credit markets; the financial strength of the
Company's customers; the Company's ability to implement its
business strategy, including, but not limited to, its ability to
expand its production facilities and plants to meet customer demand
for its products and the timing thereof; risks relating to the
uncertainty of the projected financial information with respect to
the Company; the ability of the Company to execute and integrate
acquisitions; changes in governmental regulation, legislation or
public opinion relating to our products; the Company’s exposure to
product liability or product warranty claims and other loss
contingencies; the impact on our business, operations and financial
results from the ongoing conflict in Ukraine; the impact that
global climate change trends may have on the Company and its
suppliers and customers; the Company's ability to protect patents,
trademarks and other intellectual property rights; any breaches of,
or interruptions in, our information systems; the ability of our
information technology systems or information security systems to
operate effectively, including as a result of security breaches,
viruses, hackers, malware, natural disasters, vendor business
interruptions or other causes; our ability to properly maintain,
protect, repair or upgrade our information technology systems or
information security systems, or problems with our transitioning to
upgraded or replacement systems; the impact of adverse publicity
about the Company and/or its brands, including without limitation,
through social media or in connection with brand damaging events
and/or public perception; fluctuations in the price, availability
and quality of raw materials and contracted products as well as
foreign currency fluctuations; our ability to utilize potential net
operating loss carryforwards; and changes in tax laws and
liabilities, tariffs, legal, regulatory, political and economic
risks. More information on potential factors that could affect the
Company's financial results is included from time to time in the
Company's public reports filed with the Securities and Exchange
Commission, including the Company's Annual Report on Form 10-K,
Quarterly Reports on Form 10-Q, and Current Reports on Form 8-K.
All forward-looking statements included in this press release are
based upon information available to the Company as of the date of
this press release and speak only as of the date hereof. We assume
no obligation to update any forward-looking statements to reflect
events or circumstances after the date of this press release.
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version on businesswire.com: https://www.businesswire.com/news/home/20241028875969/en/
Investors and Media Blake Chamblee Phone: 770-337-6570
ir@danimer.com
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