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Stockholders Claim that Midway Games Misled Market

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Case ID: 2761 | Stocks | 01/05/2005

A class action has been filed against entertainment software company Midway Games, Inc. (NYSE: MWY) and certain of its officers and directors by stockholders who purchased the company's common stock between December 11, 2001, and July 30, 2003. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages for the loss of value of their stock.

The action alleges that the defendants' statements were materially false and misleading because they failed to disclose, or misrepresented, the following material adverse facts:

1. That the company was experiencing material disruptions in its internal studios such that it would be unable to meet the expected release dates for its major new game titles.

2. That the company's inability to develop new game titles in a timely manner was negatively impacting its ability to increase revenues and earnings.

3. That the company was experiencing decreased consumer demand for its released products.

4. That, as a result, the defendants lacked a reasonable basis for their earnings projections for the company, which were therefore materially false and misleading.


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