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| [March 19, 2013] |
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Robbins Geller Rudman & Dowd LLP Files Class Action Suit against Navistar International Corporation
SAN DIEGO --(Business Wire)--
Robbins
Geller Rudman & Dowd LLP ("Robbins Geller") (http://www.rgrdlaw.com/cases/navistar/)
today announced that a class action has been commenced on behalf of an
institutional investor in the United States District Court for the
Northern District of Illinois on behalf of purchasers of Navistar
International Corporation ("Navistar") (NYSE:NAV) common stock during
the period between November 3, 2010 and August 1, 2012 (the "Class
Period").
If you wish to serve as lead plaintiff, you must move the Court no later
than 60 days from today. If you wish to discuss this action or have any
questions concerning this notice or your rights or interests, please
contact plaintiff's counsel, Darren
Robbins of Robbins Geller at 800/449-4900 or 619/231-1058, or via
e-mail at djr@rgrdlaw.com. If you
are a member of this class, you can view a copy of the complaint as
filed or join this class action online at http://www.rgrdlaw.com/cases/navistar/.
Any member of the putative class may move the Court to serve as lead
plaintiff through counsel of their choice, or may choose to do nothing
and remain an absent class member.
The complaint charges Navistar and certain of its officers and directors
with violations of the Securities xchange Act of 1934. Navistar is a
holding company whose subsidiaries and affiliates produce commercial and
military trucks, buses, diesel engines, recreational vehicles, and
chassis, as well as provide parts and service for trucks and trailers.
The complaint alleges that during the Class Period, defendants issued
materially false and misleading statements concerning the Company's
financial condition and future business prospects. Prior to the Class
Period, the U.S. Environmental Protection Agency ("EPA") had imposed new
regulations on 2010 model trucks that included strict emissions
standards. The two primary engine technologies that emerged to meet the
new standards were Exhaust Gas Recirculation ("EGR") and Selective
Catalytic Reduction ("SCR"). Navistar chose the EGR technology, not the
SCR technology its competitors were using to meet the new standards, and
then represented that the new EGR technology was compliant and the
vehicles were ready for sale. By the beginning of the Class Period,
however, it was clear this product differentiation strategy was not
working. Despite the $700 million Navistar had spent on developing its
EGR engine, the Company had not even applied for certification of the
EPA emissions standard by the start of the Class Period - 10 months
after the EPA standards had become effective. Thus, by the beginning of
the Class Period, Navistar faced technological, legal and liquidity
issues which threatened its business. To conceal this fact from
Navistar's investors and customers, throughout the Class Period
defendants repeatedly stated that Navistar had indeed achieved an
engineering milestone and had an EPA-compliant EGR engine ready to be
certified. As a result of defendants' false statements, the price of
Navistar common stock traded at artificially inflated prices during the
Class Period, reaching a high of $70.17 per share on April 26, 2011.
In July 2012, Navistar admitted its failure to achieve an EPA-compliant
EGR engine and announced that in order to remain in business it was
adopting the same SCR technology its competitors had been using. On
August 2, 2012, Navistar issued a press release announcing that is was
withdrawing its full-year fiscal 2012 guidance until the release of its
third fiscal quarter 2012 results in September. Further, the Company
disclosed receiving a formal letter of inquiry from the SEC (News - Alert) involving an
investigation of various accounting and disclosure matters dating back
to November 2010. As a result of this news, the price of Navistar's
common stock dropped from a closing price of $24.77 per share on August
1, 2012 to $21.44 per share on August 2, 2012, a decline of
approximately 13% in one trading day.
According to the complaint, the true facts, which were known by
defendants but concealed from the investing public during the Class
Period, were as follows: (a) Navistar's attempted methods to achieve
compliance with EPA guidelines in truck manufacturing had failed and
Navistar would be forced to revise its plan to meet guidelines,
incurring enormous costs to the Company; (b) Navistar did not have
engines ready to meet the 2010 EPA standards; and (c) Navistar's filings
with the SEC contained incomplete and misleading disclosures, including
statements about the costs of recalls and details of various debts.
Plaintiff seeks to recover damages on behalf of all purchasers of
Navistar common stock during the Class Period (the "Class"). The
plaintiff is represented by Robbins Geller, which has expertise in
prosecuting investor class actions and extensive experience in actions
involving financial fraud.
Robbins Geller represents U.S. and international institutional investors
in contingency-based securities and corporate litigation. With nearly
200 lawyers in nine offices, the firm represents hundreds of public and
multi-employer pension funds with combined assets under management in
excess of $2 trillion. The firm has obtained many of the largest
recoveries in history and has been ranked number one in the number of
shareholder class action recoveries in MSCI's Top SCAS 50 every
year since 2003. According to Cornerstone Research, the firm's
recoveries have averaged 35% above the median for all firms over the
past seven years (2005-2011). Please visit http://www.rgrdlaw.com
for more information.

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