Milberg Weiss Announces The Filing Of A Class Action Suit Against Dana Corporation And Certain Of Its Officers and Directors On
October 05 2005 - 11:36AM
Business Wire
The law firm of Milberg Weiss Bershad & Schulman LLP announces
that a class action lawsuit was filed on October 4, 2005, on behalf
of purchasers of the securities of Dana Corporation ("Dana" or the
"Company") (NYSE: DCN) between March 23, 2005 to September 14,
2005, inclusive (the "Class Period"), seeking to pursue remedies
under the Securities Exchange Act of 1934 (the "Exchange Act"). The
action, numbered 3:05cv7388, is pending in the United States
District Court for the Northern District of Ohio, against
defendants Dana, Michael J. Burns (CEO, Chairman) and Robert C.
Richter (CFO). A copy of the complaint filed in this action is
available from the Court, or can be viewed on Milberg Weiss's
website at: http://www.milbergweiss.com If you bought the
securities of Dana between March 23, 2005 to September 14, 2005,
inclusive, and sustained damages, you may, no later than December
5, 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 plaintiff." Your ability to share in any recovery is not,
however, affected by the decision whether or not to serve as a lead
plaintiff. You may retain Milberg Weiss Bershad & Schulman LLP,
or other counsel of your choice, to serve as your counsel in this
action. The Complaint alleges that by the beginning of the Class
Period, Dana's profits were being negatively impacted by an
increase in the price of raw materials - steel, in particular -
which was disconcerting to investors. In order to assure the market
that the Company's business was performing according to plan, and
would continue to perform well even if steel prices did not decline
materially, defendants artificially inflated Dana's net income
through improper accounting and, in addition, issued earnings
guidance that lacked any reasonable basis given the Company's true
performance and prospects, which were known to defendants but not
the investing public. In particular, defendants' Class Period
representations regarding Dana's historical financial performance
and condition and its expected 2005 earnings were materially false
and misleading because: (a) the Company had improperly accounted
for price increases, which materially artificially inflated its
second quarter of 2005 income; (b) the Individual Defendants'
assurances, made in written certifications filed with the SEC, that
the second quarter Form 10-Q was free from misstatements and fairly
presented the Company's financial condition and results of
operations was patently false; (c) the Company's apparent success
was the result of improper accounting, did not reflect the reality
of its business and deceived investors; and (d) in light of these
facts, which were known to defendants, defendants' guidance lacked
any rational basis and could not be met without a material drop in
raw material prices, contrary to defendants' repeated assurances to
the contrary. On September 15, 2005, before the open of ordinary
trading, Dana issued a press release announcing that it would
likely restate second quarter 2005 financial results and that it
had dramatically lowered its 2005 earnings guidance, to $0.60 to
$0.70 per share from $1.30 to $1.45, a more than 100% reduction.
Because of the expected earnings shortfall, the Company may have to
write down its U.S. deferred tax assets and may be in violation of
covenants contained in a loan agreement, according to the press
release. A main reason given for the halving of the 2005 guidance
was high steel costs, a factor that defendants repeatedly assured
the market was already considered, and accounted for, in the
guidance. In reaction to this announcement, the price of Dana stock
fell dramatically, from $12.78 per share on September 14, 2005 to
$9.86 per share on September 15, 2005, a one-day drop of 22.8% on
unusually heavy trading volume. Milberg Weiss Bershad &
Schulman LLP (http://www.milbergweiss.com) is a firm with over 100
lawyers with offices in New York City, Los Angeles, Boca Raton,
Delaware and Washington, D.C. and is active in major litigations
pending in federal and state courts throughout the United States.
Milberg Weiss has taken a leading role in many important actions on
behalf of defrauded investors, consumers, and others for nearly 40
years. Please contact the Milberg Weiss website for more
information about the firm. If you wish to discuss this action with
us, or have any questions concerning this notice or your rights and
interests with regard to the case, please contact the following
attorneys: -0- *T Steven G. Schulman Peter E. Seidman Andrei V.
Rado One Pennsylvania Plaza, 49th fl. New York, NY, 10119-0165
Phone number: (800) 320-5081 Email: sfeerick@milbergweiss.com
Website: http://www.milbergweiss.com *T
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