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Friday, November 16, 2007

Lightning Really Does Strike Twice

apollo.gif

We spilled a whole of ink (well pixels) last month discussing the newest addition to that rarified group - the securities class action that has gone to trial.

Well, add another one to the list.

While reviewing Apollo Group's (NASDAQ: APOL) recent 10-K last night, we noticed the following blurb with respect to the securities class actions that were filed against the company and certain officers and directors back in October 2004:

The court denied both summary judgment motions on September 12, 2007. The case remains set for trial on November 14, 2007.

We then sped over to the U.S. District Court for the District of Arizona's website and looked up the calendar of Judge James A Teilborg, and sure enough, jury selection was on the calendar for November 14. A quick look at the docket revealed that a jury was selected and empaneled.

For those keeping score at home, the Apollo Group litigation is only the 18th securities class action to go to trial since 1996.

The Policemen's Annuity and Benefit Fund of Chicago is the lead plaintiff and Barrack, Rodos & Bacine is lead counsel. Gibson, Dunn & Crutcher and Snell & Wilmer are defense counsel.

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