Judge Dismisses Shareholder Lawsuit Against Titan International, Inc.
QUINCY, Ill., June 2 -- Titan International, Inc. announced that the Shareholder Derivative Lawsuit, Merrill Beck, et al. vs. Maurice M. Taylor Jr., et al. and Titan International, Inc., Derivative Action No. 00-L-30, ("Litigation"), filed by three former United Steelworkers of America of Local 164, who were on strike at the time of the filing, June 20, 2000, was dismissed with prejudice on May 3, 20030, 2003 by the Court. The San Diego law firm of Milberg, Weiss, Bershad, Hynes & Lerach represented the Plaintiffs. The Plaintiffs originally demanded over $400 million; the significant Stipulation of Dismissal terms are highlighted below.
-- All claims asserted by Plaintiffs in this Litigation were dismissed with prejudice and each party to the Litigation shall bear its own costs, attorneys' fees, and litigation expenses. -- Milberg, Weiss, Bershad, Hynes & Lerach, L.L.P. ("Milberg Weiss"), Cauley, Geller, Bowman, Coates & Rudman, L.L.P. ("Cauley Geller"), and the David Danis Law Firm, P.C. ("Danis"), will not take any steps to represent any person against Titan or any member of the Titan Board of Directors involving matters related to Titan. Milberg Weiss agrees not to represent any stockholder, person or party in litigation against Titan in the future. -- Titan waived and released Milberg Weiss, Cauley Geller (formerly Cauley & Geller, L.L.P.), Danis (formerly Carey & Danis, L.L.C.), and Blickhan, Woodworth & Timmerwilke (formerly Lewis, Blickhan, Longlett & Timmerwilke), collectively ("Released Persons"), from any claims which Defendants could assert arising out of the institution of the Litigation, including relief under Illinois Supreme Court Rule 137 (Sanctions). Titan and Defendants release and waive all potential claims against the Released Persons related to Titan International, Inc., et al. vs. George Becker, et al., Cause No. 00-CU-3257 ("The RICO Litigation"). This release does not apply to any person or party other than the Released Persons. -- The Released Persons warrant and represent that they have not indemnified or agreed to indemnify Plaintiffs of Intervenor in the Litigation of any of the defendants in the RICO Litigation as to any existing or potential claims by Titan or any member of the Board of Directors of Titan. -- All pending motions filed in the Litigation seeking sanctions, adverse findings of other relief are hereby withdrawn. -- Nothing in this Stipulation may be construed as evidence of a concession, waiver, and/or release of Titan's claims in the RICO Litigation that the shareholders' derivative Litigations was frivolous and/or objectively baseless. Titan expressly reserves its claims in the RICO Litigation that the Litigation was instituted for an improper purpose and is frivolous and/or objectively baseless.
Note: The three former United Steelworkers of America, Local 164 strikers, who were the original filing Plaintiffs, remain defendants in the RICO Litigation.
For further information, please see Titan International, Inc.'s Form 8-K filed with the Securities and Exchange Commission on June 2, 2003. This press release includes forward-looking statements that involve risks and uncertainties, including risks as detailed in Titan International, Inc.'s periodic filings with the Securities and Exchange Commission, including the annual report on Form 10-K for the year ended December 31, 2002.
Titan is a global supplier of mounted wheel and tire systems for off- highway equipment used in agriculture, earthmoving/construction, and consumer (i.e. all terrain vehicles and trailers) applications. Titan has manufacturing and distribution facilities worldwide.