Zwerling, Schachter & Zwerling, LLP Announces Filing of an Expanded Class Period for The Securities Class Action Against Dana Co
21 Oktober 2005 - 11:46PM
PR Newswire (US)
NEW YORK, Oct. 21 /PRNewswire/ -- Zwerling, Schachter &
Zwerling, LLP ("Zwerling Schachter") has filed a class action
lawsuit in the United States District Court for the Northern
District of Ohio on behalf of all persons and entities who
purchased or otherwise acquired the publicly traded common stock of
Dana Corporation ("Dana" or the "Company") (NYSE:DCN) during the
period from February 11, 2004 through October 10, 2005 (the "Class
Period"). The deadline to move the Court seeking to be appointed
lead plaintiff is December 5, 2005. If you wish to discuss this
securities action or have any questions concerning your rights and
interests with respect to this litigation matter, please contact
Zwerling Schachter (Shaye J. Fuchs, Esq. or Jayne Nykolyn) at
1-800-721-3900 or by e-mail at or . The complaint alleges that
defendants violated Section 10(b) and 20(a) of the Securities
Exchange Act of 1934 and Rule 10b-5 promulgated thereunder.
Defendants' Class Period representations regarding Dana's
historical financial performance and its expected 2004 and 2005
earnings were materially false and misleading because: (a) the
Company had improperly accounted for price increases and improperly
accounted for certain items involving customer pricing transactions
with suppliers in its commercial vehicle business which
artificially inflated revenue and earnings for the full year 2004
and the first two quarters of 2005; (b) the Company's apparent
financial success was the result of improper accounting and
material weaknesses in its internal controls, which did not reflect
the true nature of its business; and (c) contrary to defendants'
repeated assurances, defendants' earnings guidance was not based on
any reasonable assessment of the Company's business and was only
achievable through the manipulation of the Company's financial
statements. On September 15, 2005, before the market opened, Dana
announced that it would likely restate its 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
per share. In addition, the Company cited higher steel costs as a
factor in the significantly reduced guidance, a factor that
defendants repeatedly assured investors was already considered, and
accounted for, in the guidance. Dana stock fell dramatically, from
$12.78 per share on September 14, 2005 to $9.86 per share on
September 15, 2005. On October 10, 2005, Dana further announced
that it would restate its earnings for its entire fiscal year 2004
and for the first two quarters of 2005. Dana also withdrew its
profit forecast for 2005. On that news, Dana stock fell $3.15 or 34
percent to close at $6.04 a share. If you purchased the publicly
traded common stock of Dana during the period of February 11, 2004
through October 10, 2005, you may apply to serve as lead plaintiff.
The lead plaintiff is responsible for overseeing the prosecution of
the action and ensuring that the interests of the class are
protected. You may apply to be appointed lead plaintiff through
Zwerling Schachter. Zwerling Schachter concentrates in prosecuting
class actions nationwide on behalf of investors. The firm currently
plays a leading role in numerous major securities, antitrust and
complex commercial litigations pending in federal and state courts
and has offices in New York City, Garden City, New York, Boca
Raton, Florida and Seattle, Washington. The firm has been
recognized by courts throughout the country as highly experienced
and skilled in complex litigation, particularly with respect to
federal securities class action litigation. Visit our website at:
http://www.zsz.com/. DATASOURCE: Zwerling, Schachter &
Zwerling, LLP CONTACT: Shaye J. Fuchs, Esq., , or Jayne Nykolyn, ,
both of Zwerling Schachter, 1-800-721-3900 Web site:
http://www.zsz.com/
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