Shareholder Notice: Zwerling, Schachter & Zwerling, LLP Files Class Action Complaint on Behalf of Purchasers of Terex Corporatio
22 January 2010 - 5:14AM
PR Newswire (US)
NEW YORK, Jan. 21 /PRNewswire-USNewswire/ -- Zwerling, Schachter
& Zwerling, LLP ("Zwerling Schachter") announces that it has
filed a class action lawsuit in the United States District Court
for the District of Connecticut on behalf of all persons or
entities who purchased or otherwise acquired the securities of
Terex Corporation ("Terex" or the "Company") (NYSE: TEX) during the
period from February 20, 2008 through February 11, 2009, inclusive
(the "Class Period") to recover damages caused by defendants'
violations of the federal securities laws. The complaint alleges
that defendants violated Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934. Specifically, the complaint claims that
defendants issued statements during the Class Period that were
materially false and misleading because they failed to disclose and
misrepresented the following material adverse facts, including
that: (a) defendants failed to properly and timely account for
certain impaired assets within the Company including in its
"Construction" and "Roadbuilding, Utility Products and Other"
segments/units; (b) Terex was experiencing declining demand for its
products in its Construction, Materials Processing and Aerial Work
Platforms segments; (c) Terex's financial condition was weaker than
represented; (d) Terex was not as prepared and diversified as
represented to withstand its significant exposure to a weakening
global credit market and economy; and (e) the defendants lacked a
reasonable basis for positive statements and representations
concerning Terex's Fiscal Year ("FY") 2008 earnings guidance and
the Company's overall business prospects. On September 4, 2008,
Terex disclosed both its: (a) updated FY 2008 financial guidance
(which lowered earnings per share guidance); and (b) adverse news
concerning certain of the Company's segments' weakening financial
performances. These negative disclosures were followed by a decline
of 20%, or $9.30 a share in the price of Terex common stock. On
February 11, 2009, Terex announced its Fourth Quarter 2008 and FY
2008 results which included goodwill impairment charges that
reduced net income by a dramatic $4.60 a share for FY 2008.
Following news of the Company's poor financial results and
forecast, Terex stock fell $4.17 a share to close at $9.45 a share
on February 12, 2009. If you purchased the securities of Terex
during the Class Period, 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. Should you desire to be lead plaintiff, you may apply to
be appointed through Zwerling Schachter, as counsel. The lead
plaintiff deadline is February 19, 2010. If you wish to discuss
this securities class action or have any questions concerning your
rights and interests with respect to this matter, please contact
Shaye Fuchs, Esq. at Zwerling Schachter at (800) 721-3900 or by
e-mail at . Zwerling Schachter concentrates its law practice in
prosecuting class actions nationwide on behalf of investors. The
firm currently plays a leading role in numerous major securities
and complex commercial litigations pending in federal and state
courts and has offices in New York, Garden City, N.Y., and Seattle.
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 Fuchs, Esq. of
Zwerling, Schachter & Zwerling, LLP, +1-800-721-3900, Web Site:
http://www.zsz.com/
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