[Class Action Lawsuit Against ACTM Dismissed. Appeal Denied.]
Thursday May 25, 12:56 pm Eastern Time
Company Press Release
SOURCE: ACT Manufacturing, Inc.
U.S. Appeals Court Upholds Dismissal of Class Action Lawsuit Against ACT Manufacturing, Inc.
HUDSON, Mass., May 25 /PRNewswire/ -- ACT Manufacturing, Inc. (Nasdaq: ACTM - news) today announced that the United States Court of Appeals for the First Circuit has upheld the dismissal of a securities class action litigation that had been filed against the Company and certain of its officers.
The securities class action litigation was filed against ACT in February 1998 and alleged that ACT had made misstatements to the investing public regarding the Company's financial performance.
In May 1999 the United States District Court in Boston granted ACT's motion to dismiss the litigation in its entirety, and denied plaintiffs' request to file a new complaint. Plaintiffs then appealed to the Court of Appeals. On May 5, 2000 the Court of Appeals issued its decision denying the appeal, ruling that ``the lower court handled the matter appropriately in all respects.''
John A. Pino, President and Chief Executive Officer of ACT, said, ``While it is unfortunate that ACT was required to devote management time and resources to defending this opportunistic litigation, all of us at ACT are obviously very happy with the decision of the Court of Appeals.''
The Boston law firm of Testa, Hurwitz & Thibeault, LLP represented ACT in the litigation.
ACT Manufacturing, Inc., headquartered in Hudson, Massachusetts, provides value-added electronic manufacturing services for original equipment manufacturers in the networking and telecommunications, computer, and industrial and medical equipment markets. The Company provides OEMs with complex printed circuit board assembly primarily utilizing advanced surface mount technology, mechanical and molded cable and harness assembly, electromechanical subassembly, and total system assembly and integration. The Company has operations in California, Georgia, Massachusetts, Mississippi, Mexico and Ireland.
ACT Manufacturing, Inc., headquartered in Hudson, Massachusetts, provides value-added electronics manufacturing services for original equipment manufacturers in the networking and telecommunications, computer and industrial and medical equipment markets. The Company provides OEMs with complex printed circuit board assembly primarily utilizing advanced surface mount technology, mechanical and molded cable and harness assembly, electro-mechanical subassembly, and total system assembly and integration. The Company has operations in Hudson, Mass.; Mansfield, Mass.; Marlboro, Mass.; Lawrenceville, Ga.; Corinth, Miss.; Santa Clara, Calif.; Huntsville, Ala.; Dublin, Ireland; Hermosillo, Mexico; and Taipei, Taiwan.
This press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 that are subject to risks and uncertainties that could cause actual results to differ materially from those anticipated, including statements concerning the effects of the GSS Array acquisition, expected financial and operating results, synergies, growth of the customer base, revenue and shareholder value, future customer shipments, and the plans and objectives of management. Those risks and uncertainties include, among others: the inability to close the GSS Array acquisition in a timely fashion; the inability to obtain approval of GSS Array's stockholders or delist the shares of GSS Array from the Stock Exchange of Thailand; the inability to successfully tender for all of the GSS Array shares and options; the inability to obtain governmental approvals for the GSS Array acquisition; the risk of not integrating the GSS Array business successfully; the inability to achieve expected synergies; costs associated with the GSS Array acquisition; the Company's ability to expand its customer base and grow its operations through acquisition or otherwise; the effectiveness of managing manufacturing and materials procurement processes; the effects of future acquisitions on the Company's operations, financial results and shareholder value; the Company's dependence on major customers; increased competition and its effects on pricing, revenues, gross margins and the customer base; future customer demand; the Company's ability to timely complete, configure and ship products; the timely availability of components; the Company's increased international operations; demand for our customers' products; and changes, reductions, delays or cancellations of customer orders. In addition, ACT's business and results of operations are subject to numerous additional risks and uncertainties, including the short-term nature of customer orders, customers' announcements and introduction of new products or new generations of products, evolutions in the life cycles of customers' products, inventory obsolescence, interest rate and currency exchange rate movements, trends in the electronics industry and changes or anticipated changes in economic conditions. For a more detailed discussion of the risks and uncertainties of ACT's business, please refer to the Company's periodic reports and registration statements filed with the Securities and Exchange Commission, including the Company's Annual Report on Form 10-K for the period ended December 31, 1999.
SOURCE: ACT Manufacturing, Inc. |