Ross Systems Announces Update on Sunshine Mills Lawsuit
27 Abril 2011 - 4:13PM
Business Wire
Ross Systems, Inc. announced today it has filed a motion
under Rule 2 of the Alabama Rules of Appellate Procedure with the
Supreme Court of the State of Alabama seeking relief from Alabama’s
requirement to post an appellate bond in the amount of 125 percent
of the $61.3 million judgment against Ross in the Sunshine matter,
and requesting that the Supreme Court reduce Ross’ bonding
requirement, while the Sunshine matter is on appeal, to an amount
significantly less than the current bond requirement of
approximately $77.0 million.
The Rule 2 motion is Ross Systems’ final legal remedy under
Alabama law seeking to stay or suspend collection efforts related
to the Sunshine Mills judgment while the case is on appeal. On
April 7, the Franklin County Circuit Court rejected Ross Systems’
post trial motions to, among other things, stay the execution of
the judgment pending the appeal.
As previously disclosed, Sunshine Mills, Inc., a major employer
in Franklin County, Alabama sued Ross for alleged fraud related to
the sale and implementation of a Ross ERP system in early 2005. The
jury awarded a total of $61.3 million in damages to Sunshine Mills,
of which approximately $16 million were compensatory damages that
were not based on actual damages, but rather the loss of future
anticipated savings, and $45 million of which were punitive
damages. Despite the plaintiff’s allegations of damages, Sunshine
Mills continues to use Ross’ software, was current on maintenance
through the end of 2010, and has bought additional services from
Ross to help them in their operations.
Ross strongly denies the allegations of Sunshine Mills, and
is appealing the verdict to the Supreme Court of the State of
Alabama.
About Ross Systems
Ross Systems was acquired by CDC Software (NASDAQ: CDCS) in 2004
and is a business unit of this global provider of hybrid enterprise
software applications and services. CDC Corporation (NASDAQ: CHINA)
owns approximately 85 percent of CDC Software.
Cautionary Note Regarding Forward-Looking Statements
This press release includes "forward-looking statements" within
the meaning of the United States Private Securities Litigation
Reform Act of 1995, including statements relating to, among other
things, our beliefs regarding the Sunshine Mills litigation,
including the possible outcome thereof, our beliefs regarding the
nature and propriety of the judgment and our motions seeking a
reduction in the amount of any appellate bond Ross may be required
to post in this matter and other statements which are not historic
fact. These statements are based on management's current
expectations and are subject to risks and uncertainties and changes
in circumstances. There are important factors that could cause
actual results to differ materially from those anticipated in the
forward-looking statements, many of which are outside our control,
including (a) the risk that we will not prevail in our future
efforts with respect to this matter, including our efforts to
reduce the bonding requirement or to stay or suspend execution and
collection efforts, or that we will not prevail on appeal; (b) the
risk of any potential impact a verdict in this case may have on
other disputes we now or may in the future have outstanding; (c)
the potential impact of this matter on our business and customers;
(d) the ability to make changes in business strategy, development
plans, product offerings and other matters and to respond to the
needs of current, new and potential customers, suppliers, strategic
partners; (e) the ability to integrate operations or new
acquisitions in accordance with the company's and its subsidiaries’
business strategies; (f) the effects of restructurings and
rationalization of operations; (g) the ability to address
technological changes and developments including the development
and enhancement of products; (h) the ability to develop and market
successful products and services; (h) the entry of new competitors
and their technological advances; (i) the need to develop,
integrate and deploy products and services that meet customer's
requirements; (j) the possibility of development or deployment
difficulties or delays; (k) the dependence on customer satisfaction
with the company's and its subsidiaries’ products and services; (l)
continued commitment to the deployment of the company’s and its
subsidiaries’ products and services, including enterprise software
solutions; (m) risks involved in developing software solutions and
integrating them with third-party software and services; (n) the
continued ability of the company's enterprise software solutions to
address client-specific requirements; and (o) demand for, and
market acceptance of, new and existing enterprise software and
services and the positioning of the company's solutions. Further
information on risks or other factors that could cause results to
differ is detailed in CDC Software Corporation’s filings or
submissions with the United States Securities and Exchange
Commission, and those of our ultimate parent company, CDC
Corporation. All forward-looking statements included in this press
release are based upon information available to management as of
the date of the press release, and you are cautioned not to place
undue reliance on any forward looking statements which speak only
as of the date of this press release. The company assumes no
obligation to update or alter the forward looking statements
whether as a result of new information, future events or
otherwise.
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