Shareholders Lose Court Battle Against Midway

October 27, 2009 -

A United States District Court judge has dismissed a lawsuit brought against Midway Games by a group of shareholders who had alleged that the company artificially inflated its stock by deceiving the public.

Filed by Joseph Zerger, “on behalf of himself and all others similarly situated,” the suit targeted Midway Games’ Steven Allison, James R. Boyle, Miguel Iribarren, Thomas Powell and David Zucker.

In a filing dated October 19, 2009, Northern District Illinois Eastern Division Judge David Coar ruled against the plaintiffs, stating:

Plaintiffs have failed to show that Defendants said or did anything more than publicly adopt a hopeful posture that its strategic plans would pay off. Such preening for the financial press is classic puffery. Even if these statements were not puffery, Plaintiffs cannot establish that they were false when made.

The plaintiffs had alleged that:

While the executives rushed to sell their Midway stock at the trumped-up prices their “scheme” temporarily sustained, the lead plaintiffs and other putative class members purchased it—and lost millions when the market eventually learned the truth.

Midway declared bankruptcy in February of this year.
 

|Image Via icanhascheezburger|


Comments

Re: Shareholders Lose Court Battle Against Midway

But releasing false information to the shareholders is a big no no. Corruption lives on. :(


-Your friendly video game lobbyist

Re: Shareholders Lose Court Battle Against Midway

But releasing false information to the shareholders is a big no no. Corruption lives on. :(


-Your friendly video game lobbyist

Re: Shareholders Lose Court Battle Against Midway

But guys, wouldn't it be so much nicer to play the stock market if you knew that if you lost out, you could always sue and get your money back?  It's win-win!

Re: Shareholders Lose Court Battle Against Midway

Regardless of whether the heads of Midway were pulling BS, it didnt take a rocket scientist to determine just how fucked the company was.  When a new MK game and a new IP (This is Vegas) are stated as the saviours of the company, its time to divest from the company.

Re: Shareholders Lose Court Battle Against Midway

"Puffery?"

Is that financial jargon?

Re: Shareholders Lose Court Battle Against Midway

It's actually legal jargon. It usually refers to a claim which inherently cannot be substantiated  (i.e., isn't either true or false). Most frequently encountered in advertising and trade law (e.g., "BMW. The Ultimate Driving Machine" or "Gillette. The Best a Man Can Get."). Because puffery generally isn't a verifiable claim, it can't be said that puffery is misleading and, therefore, it doesn't usually constitute a basis for liability. Unlike superlative claims, which can be verified (e.g., "Gillette Sensor. The Closest Shave a Man Can Get"). 

 
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Neo_DrKefkawith a neutral party Moderating it. I've been waiting a long time for a GamerGate to happen but now all I want is the healing to start. Weird huh? Gamers don't need to be attacking gamers we should all be on the same side10/24/2014 - 12:39am
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Matthew Wilsonjames needs to contact Totalbiscuit than10/23/2014 - 10:07pm
Neo_DrKefkaJames said earlier he went into a stream earlier informed them who he was and they didn't care. If James is trying to talk lets set something up?10/23/2014 - 9:38pm
Matthew WilsonTotalbiscuit has been trying for months, no one that is anti gg seems to want to talk with him on camera10/23/2014 - 9:20pm
Neo_DrKefkaHey James check your twitter. Check with Totalbiscuit see if you can get a round table discussion stream going see if he can get some pro gg people and you can get some gamejournopros. Both sides have been hurt, doxxed its time every1 sits down and talks10/23/2014 - 9:05pm
Matthew Wilsonthe wiiu will support up to 8 gc controllers http://www.smashbros.com/us/howto/entry10.html10/23/2014 - 7:50pm
quiknkoldmewtwo is a timed free exclusive. you can purchase him if you dont have both.10/23/2014 - 7:15pm
Neo_DrKefka@Monte A month and a half ago we had a lot of streams about solutions now all the streams are KingofPol styled rants about getting drunk. All Gamergate is about to many is for people to use the movement to jump start careers.10/23/2014 - 7:12pm
Neo_DrKefkaWhose stream where you in James?10/23/2014 - 7:02pm
Matthew Wilsonyup they are holding mewtwo hostage lol10/23/2014 - 5:59pm
MaskedPixelanteApparently Mewtwo is going to be a free download to anyone who bought both versions of Smash 4.10/23/2014 - 5:41pm
TechnogeekYou would also think that if GG gave a shit about journalistic ethics, Game Informer would have been the very first line of their boycott list.10/23/2014 - 5:32pm
MaskedPixelanteRidley confirmed for Smash Wii U... as a stage buddy like the Yellow Devil and flying man.10/23/2014 - 5:31pm
prh99Rather than trying to spin it as some sort of artistic choice, they should just say they don't want to rework the engine to either decouple the mechanics or make them work at 60fps.10/23/2014 - 5:25pm
Matthew Wilsonubisoft is made to look worse now. wiiu smash is 1080p 60fps lol10/23/2014 - 5:02pm
MonteYou would think that, if GG were really about journalistic ethics, their streams would be more conerned with Shadows of mordor(a REAL controversy involing a major publisher) than with the FALSE jounralistic controversy around Quinn10/23/2014 - 4:49pm
Andrew EisenHope so.10/23/2014 - 4:45pm
 

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