Entertainment Gaming Asia Announces Update on Civil Action Complaint
December 19 2013 - 9:00AM
Business Wire
Court of Appeals for the Second Circuit
Court Affirms District Court’s Ruling for Dismissal of the Second
Amended Complaint in its Entirety
Entertainment Gaming Asia Inc. (NASDAQ: EGT) (“Entertainment
Gaming Asia” or “the Company”), a leading gaming company focused on
emerging gaming markets in Pan-Asia, today announced an update on a
civil action complaint filed against the Company and certain of its
current and former directors and officers on March 26, 2010 (as
subsequently amended on May 28, 2010 and December 20, 2011) by
certain former shareholders of the Company including Prime Mover
Capital Partners L.P., Strata Fund L.P., Strata Fund Q.P. L.P., and
Strata Offshore Fund, Ltd (collectively, the “Plaintiffs”) in the
United States District Court for the Southern District of New York
(the “Complaint”).
The Complaint concerns various allegations of federal and state
securities violations, breaches of fiduciary duty, negligent
misrepresentation and breaches of contract. The most current
summary of the Complaint can be found in the Company's Quarterly
Report on Form 10-Q filed with the SEC on November 14, 2013.
On September 27, 2012, the District Court dismissed the
Plaintiffs’ Complaint in its entirety and, on September 28, 2012,
the clerk entered a judgment against the Plaintiffs. Accordingly,
all claims against the Company and the current and former officers
and directors, including the Plaintiffs’ breach of contract claims,
were dismissed.
On October 25, 2012, the Plaintiffs filed a Notice of Appeal
seeking review by the United States Court of Appeals for the Second
Circuit (the “Second Circuit”) of the District Court’s order and
judgment dismissing the Complaint. The Second Circuit heard
argument in the appeal on December 10, 2013.
By Summary Order on December 18, 2013, the Second Circuit
affirmed the District Court’s September 28, 2012 judgment granting
the dismissal of the Plaintiffs’ Complaint. The Plaintiffs have the
right to have the appeal reviewed before all the judges of the
Second Circuit. In the event they do so, the Company intends to
continue its vigorous defense against the Plaintiffs’ claims.
About Entertainment Gaming Asia Inc.
Entertainment Gaming Asia Inc. (NASDAQ: EGT) is a
leading gaming company in Pan-Asia engaged in the
development and operation of casinos and gaming venues in the
Indo-China region under its “Dreamworld” brand as well as the
leasing of electronic gaming machines on a revenue sharing basis to
the gaming industry. The Company also manufactures and sells RFID
and traditional gaming chips and plaques to major casinos under its
“Dolphin” brand. For more information please visit
www.EGT-Group.com.
Forward Looking Statements
This press release contains forward-looking statements
concerning Entertainment Gaming Asia within the meaning of Section
27A of the Securities Act of 1933, as amended, and Section 21E of
the Securities Exchange Act of 1934, as amended. Those
forward-looking statements include statements regarding
expectations for the business of Entertainment Gaming Asia. Such
statements are subject to certain risks and uncertainties, and
actual circumstances, events or results may differ materially from
those projected in such forward-looking statements. Factors that
could cause or contribute to differences include, but are not
limited to, risks related to the costs incurred by Entertainment
Gaming Asia in defending shareholder litigation and the outcome of
any judgment or settlement with respect to such litigation and
those other risks set forth in Entertainment Gaming Asia’s annual
report on Form 10-K for the year ended December 31, 2012 filed with
the SEC on March 28, 2013 and subsequently filed quarterly reports
on Form 10-Q. Entertainment Gaming Asia cautions readers not to
place undue reliance on any forward-looking statements.
Entertainment Gaming Asia does not undertake, and specifically
disclaims any obligation to update or revise such statements to
reflect new circumstances or unanticipated events as they
occur.
Entertainment Gaming Asia Inc.Traci Mangini,
312/867-0848tracimangini@EGT-Group.com
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