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Boston Business Journal - 5:16 PM EDT Wednesday
Judge dismisses Sonus Networks class-action suit
Boston Business Journal
A Boston federal judge decertified a class-action lawsuit against Sonus Networks Inc. and several of its executives, and said he is considering forcing the plaintiffs to cover Sonus's legal expenses.
The Chelmsford company sells gear for use in voice-over-Internet-protocol networks. It has battled multiple lawsuits from disgruntled investors.
Sonus (Nasdaq: SONS) still faces two other class-action suits in Boston, with U.S. District Judge Douglas Woodcock presiding.
On Monday, Judge Mark Wolf dismissed a suit in which Daniel Higgins sought to intervene as lead plaintiff, after original class representative Andrew Scibelli withdrew following the revelation of his conviction on a drug charge in 1991.
"As time passes, memories may fade, witnesses may die or otherwise become available, and the truth may be harder to ascertain reliably," Wolf wrote. "In addition, many of the defendants are individuals who are potentially personally liable for substantial damages. It would be unfair in the circumstances of this case to perpetuate their uncertainty, if not anxiety, because Higgins and his counsel miscalculated."
Wolf said it would be unfair to require Sonus to incur additional expense to investigate whether Higgins meets court standards and chided the plaintiffs' attorneys for pressing the case.
"Litigants, not lawyers, direct and control class-action litigation," Wolf wrote. "It is clear to the court that this has not been occurring in this case." |
