Courts In Pennsylvania and Texas Grant Isolagen Dismissal of Shareholder Derivative Suits
September 14 2006 - 8:46AM
PR Newswire (US)
EXTON, Pa., Sept. 14 /PRNewswire-FirstCall/ -- Isolagen, Inc.
(AMEX:ILE) announced today that state courts in both Pennsylvania
and Texas dismissed derivative suits filed against Isolagen and
certain of its current and former officers and directors. In the
Pennsylvania state derivative action, William Thomas Fordyce v.
Frank M. DeLape, et al, C.A. No. GD-05-08432, in the Court of
Common Pleas of Chester County, Pennsylvania, Isolagen's motion to
dismiss was granted by the Court and the complaint was dismissed
with prejudice on August 31, 2006. In the Texas state derivative
action, Carmine Vitale v. Frank DeLape, et al, Case No. 2005-61840,
in the 55th Judicial District Court of Harris County, Texas,
Isolagen's special exceptions were upheld by the Court and the
complaint was dismissed on September 6, 2006. "We are very pleased
that the Courts in both Texas and Pennsylvania agreed with our
arguments and granted dismissal," stated Nicholas L. Teti, Jr.,
Chairman and CEO of Isolagen. "Although either plaintiff can appeal
the ruling in their case or re-file their claims, we are encouraged
by this positive development and will continue to defend vigorously
against these claims." Both cases were previously disclosed by the
Company. A summary of the claims made by the plaintiffs in their
complaints and other pending litigation may be found in Part II,
Item 1, of the Company's Report on Form 10-Q filed on August 9,
2006. About Isolagen, Inc. Isolagen specializes in the development
and commercialization of autologous cellular therapies for soft and
hard tissue regeneration. The company's product candidates are
based on its proprietary Isolagen Process. Autologous cellular
therapy is the process whereby a patient's own cells are extracted,
allowed to multiply and then injected into the patient. Isolagen's
product candidates are designed to be minimally invasive and
non-surgical. For additional information, please visit:
http://www.isolagen.com/. This press release includes statements
that are "forward-looking statements" within the meaning of the
Private Securities Litigation Reform Act of 1995 and the provisions
of Section 27A of the Securities Act of 1933, as amended, and
Section 21E of the Securities Exchange Act of 1934, as amended.
While management has based any forward-looking statements contained
in the release on its current expectations, the information on
which such expectations were based may change. These
forward-looking statements rely on a number of assumptions
concerning future events and are subject to a number of risks,
uncertainties, and other factors, many of which are outside of
Isolagen's control, that could cause actual results to materially
differ from such statements. Such risks, uncertainties, and other
factors include, but are not necessarily limited to, those set
forth under the caption "Item 1A. Risk Factors" in Isolagen's most
recent Form 10-K filing, as updated in "Item 1A. Risk Factors" in
Isolagen's most recent Form 10-Q filing. In addition, Isolagen
operates in a highly competitive and rapidly changing environment,
and new risks may arise. Accordingly, investors should not place
any reliance on forward-looking statements as a prediction of
actual results. Isolagen disclaims any intention to, and undertakes
no obligation to, update or revise any forward-looking statement.
Readers are also urged to carefully review and consider the various
disclosures in Isolagen's annual report on Form 10-K, filed with
the SEC on March 14, 2006, as well as other public filings with the
SEC since such date. DATASOURCE: Isolagen, Inc. CONTACT: Investor
Contact: Lee M. Stern, +1-212-477-9007 x 22, or Marcy Strickler,
+1-212-477-9007 x 27, both of The Trout Group; or Media Contact:
Mike Beyer, of Sam Brown Inc., +1-773-463-4211, Web site:
http://www.isolagen.com/
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