MIVA, Inc. Agrees to Settle Class Action Litigations with Plaintiffs in the Lane's Gifts and Collectibles, Payday Advance Plus and Cisneros Cases
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Global digital media company MIVA, Inc. (NASDAQ:MIVA) today announced it
has entered into a settlement agreement with the plaintiffs in the Lane’s
Gifts and Collectibles class action litigation regarding alleged click
fraud pending in the Miller County Circuit Court, Arkansas.
Additionally, Payday Advance Plus, Inc., the plaintiff in a class action
litigation regarding alleged click fraud pending in the U.S. District
Court for the Southern District of New York, is a party to the
settlement agreement and has agreed to move to dismiss with prejudice
all claims it has asserted against MIVA such that the Payday Advance
Litigation would be settled and resolved in its entirety.
The settlement agreement is subject to various conditions, including,
but not limited to, notice to the class and final approval by the
Arkansas court, which granted preliminary approval to the settlement at
a hearing held on January 23, 2008. If approved, the agreement provides
that all claims against MIVA and its subsidiaries, including
indemnification obligations to a co-defendant, will be dismissed without
presumption or admission of any liability or wrongdoing. Pursuant to the
agreement, MIVA would establish a settlement fund of $3,936,812, of
which up to $1,312,270 would be in cash for payment of plaintiffs
attorneys fees and class representative incentive awards and the balance
would be in advertising credits relating to the class members'
advertising spending with MIVA during the class period. Dismissal of the
PayDay Advance action is subject to approval of the court in New York.
In addition to the Lane’s Gifts and Payday
Advance settlement, MIVA has also entered into a settlement agreement
with the plaintiffs in the Cisneros class action litigation pending in
the Superior Court of the State of California, County of San Francisco,
regarding advertising for internet gambling. The agreement provides that
all claims against MIVA will be dismissed without presumption or
admission of any liability or wrongdoing. Pursuant to the agreement,
MIVA would pay a total of $15,000 to establish a settlement fund to be
used to educate and assist the general public regarding excessive
gambling and MIVA shall maintain its current policy regarding gambling
advertisements for a period of four years.
"MIVA is pleased to have reached a mutually satisfactory settlement with
these plaintiffs and believes that the resolution of these cases will be
a significant step forward in our effort to focus on the future of our
business rather than expend resources litigating these issues," said
John Pisaris, MIVA’s general counsel.
About MIVA®,
Inc.
MIVA, Inc. (NASDAQ:MIVA) is a global digital media company with a
mission to deliver valuable digital audiences to advertisers. MIVA has
two focuses to its business: owning and operating a growing portfolio of
consumer destination sites and interest-specific toolbars, through its
MIVA Direct division; and running a third-party contextual Pay-Per-Click
ad network focused on key vertical sectors, through its MIVA Media
division. MIVA, Inc. operates across North America and Europe.
Forward-looking Statements
This press release contains certain forward-looking statements that are
based upon current expectations and involve certain risks and
uncertainties within the meaning of the U.S. Private Securities
Litigation Reform Act of 1995. Words or expressions such as "plan,"
"will," "intend," "believe" or "expect'" or variations of such words and
similar expressions are intended to identify such forward-looking
statements. These forward-looking statements are not guarantees of
future performance and are subject to risks, uncertainties, and other
factors, some of which are beyond our control and difficult to predict
and could cause actual results to differ materially from those expressed
or forecasted in the forward-looking statements, including (1) our
ability to successfully execute upon our corporate strategies, (2) our
ability to develop and successfully market new products and services,
and (3) the potential acceptance of new products in the market.
Additional key risks are described in MIVA's reports filed with the U.S.
Securities and Exchange Commission, including the Form 10-K for fiscal
2006 and our most recently filed Form 10-Q.
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