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Northwest Airlines Corporation Accused of Stock Fraud

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Case ID: 4668 | Stocks | 02/21/2006

A class action has been filed against Northwest Airlines Corporation (NWACQ.PK), certain of its officers and directors by stockholders who purchased the company's common stock between April 21, 2005 and September 14, 2005. 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.

According to a press release dated 12/20/2005, the complaint alleges, among other things, that certain Northwest insiders sold their Northwest securities for proceeds in excess of $30 million while in possession of nonpublic information regarding Northwest's plans to file for chapter 11 bankruptcy. The complaint further alleges that defendants made materially false and misleading statements, throughout the class period, with respect to Northwest's prospects. Specifically, the complaint alleges, defendants maintained that Chapter 11 bankruptcy was "a possibility" and that the Northwest might have "to consider" filing for bankruptcy if certain conditions were not met. The complaint further alleges that defendants' statements were materially false and misleading not only because defendants failed to disclose that the Company's Chapter 11 bankruptcy filing was already imminently anticipated and being planned for, but also because they failed to disclose that filing for Chapter 11 protection was, in fact, a strategy that defendants had adopted at least as early as April 2005 because they viewed bankruptcy reorganization as the only way to dump the crushing burden of Northwest's pension obligations on the Pension Benefit Guaranty Corp., impose their will upon Northwest's union to obtain givebacks of at least $1.1 billion, and thereby compete with lower-cost discount carriers such as JetBlue Airways, and so-called "legacy" rivals such as UAL Corp. and US Airways Group Inc., that had already offloaded their pension obligations and otherwise achieved significant savings through bankruptcy reorganization.

The Company, on September 14, 2005, announced that it had filed a voluntary petition for relief under Chapter 11, title 11, United States Code, 11 U.S.C. sections 101, et seq. (the "Bankruptcy Code"). On this news the Company's shares, which had been trending downward, fell from a closing price of $1.87 on September 14, 2005 to an opening price of $0.86 on September 15, 2005. The stock was delisted on September 26, 2005 but continued to trade over-the-counter as a penny stock. As a result of defendants' wrongful acts and omissions, and this material erosion and decline in the market value of Northwest securities, plaintiffs and other class members who purchased such Northwest securities during the Class Period have suffered significant losses and damages.

The complaint further alleges that, during the months preceding the bankruptcy, insiders sold their Northwest shares to unwitting investors for proceeds in excess of $30 million under highly suspicious circumstances that raise the inference that, at the time of the sales, defendants had material nonpublic information that the Company had already planned to file for bankruptcy and that the filing was imminently expected.

If you bought Northwest Airlines Corporation securities between April 21, 2005 and September 14, 2005, inclusive, and would like to obtain information about the Northwest Airlines Corporation lawsuit, then you are invited to call (866) 467-1400 to speak with an attorney.


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