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LatinVision Finance > News
Pittsburgh Law Office of Alfred G. Yates Jr., PC Announces Class Action Lawsuit On Behalf of Shareholders of Terex Corporation (TEX)
PITTSBURGH
Business Wire -- 2/6/2010

Notice is hereby given by the Law Office of Alfred G. Yates Jr., PC that a class action has been filed 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.

Plaintiff seeks to recover damages on behalf of all purchasers of Terex securities during the Class Period (the “Class”). If you are a member of the proposed Class, you may move the court no later than February 19, 2010, to serve as a Lead Plaintiff for the Class. A Lead Plaintiff is a representative chosen by the Court, who acts on behalf of other class members in directing the litigation.

The Yates firm is also investigating actions on behalf of shareholders for the following companies:

COMPANY   CLASS PERIOD
 
Motorola, Inc. 12/6/07 - 1/22/08
(NYSE: MOT)
 
State Street 10/17/06 - 10/19/09
(NYSE: STT)
 
Stryker Corporation 1/25/07 - 11/13/08
(NYSE: SYK)
 
Kohlberg Capital Corp. 3/16/09 - 12/24/09
(NASDAQ: KCAP)
 
Bank of America 9/15/08 - 1/22/09
(NYSE: BAC)
 
MetroPCS Communications, Inc. 2/26/09 - 11/4/09
(NYSE: PCS)
 
NightHawk Radiology Holdings, Inc. 4/10/07 - 2/13/08
(NASDAQ: NHWK)

If you purchased securities of any of the above companies during their respective Class Periods and wish to discuss this action or have any questions, please contact Alfred G. Yates Jr., Esquire at 1-800-391-5164, toll free, or at yateslaw@aol.com by e-mail.

Law Office of Alfred G. Yates Jr., PC, Pittsburgh
Alfred G. Yates, Jr., Esq., 800-391-5164 (toll free), 412-391-5164 (telephone)
412-471-1033 (facsimile)
email: yateslaw@aol.com



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