Del. Judge Names Lead Plaintiff in Class Action Stemming From $2B Advance Auto Parts Deal
A Mississippi retirement system on Friday won a three-way fight to serve as lead plaintiff in a securities class action against Advance Auto Parts Inc. stemming from its $2 billion purchase of General Parts in 2011.
November 02, 2018 at 05:24 PM
4 minute read
A Mississippi retirement system on Friday won a three-way fight to serve as lead plaintiff in a securities class action against Advance Auto Parts Inc. stemming from its $2 billion purchase of General Parts in 2011.
A Delaware federal judge said Friday that the Public Employees' Retirement System of Mississippi was best positioned to represent a class of investors, who have accused Advance Auto, its chief executive and chief financial officer of failing to disclose that the auto-parts retailer's acquisition of General Parts and subsidiary Carquest Auto Parts, along with increased competition, was damaging its business.
The ruling came over the objection of two other investors, who argued that the selection would violate the Private Securities Litigation Reform Act's prohibition against professional plaintiffs in securities class actions.
Attorneys for a New York retirement fund and the Teamsters Local 710 Pension Fund said in court documents that Mississippi PERS should be automatically barred from lead-plaintiff status because it had already led more than five securities class actions in the past three years.
But U.S. District Judge Maryellen Noreika of the District of Delaware ruled the so-called “5-in-3″ rule did not apply to institutional investors because of their access to resources and experience litigating the cases. Mississippi PERS, she noted, had a deep bench of in-house attorneys to help outside counsel manage the lawsuit and “significant funds” to spend on behalf of the class.
According to Noreika's opinion, Mississippi PERS has served as lead plaintiff in at least seven securities class actions in the past three years, recovering more than $3.5 billion for investors. The fund had also suffered the most financial harm out of the three competing plaintiffs, losing $2.1 million on the more than 31,000 Advance Auto shares it purchased between from November 2016 to August 2017.
“The court finds that Mississippi PERS's status as lead plaintiff in seven other securities class actions does not bar it—automatically or otherwise—from serving as lead plaintiff here,” Noreika wrote in a 13-page memorandum opinion.
“Having found that Mississippi PERS is not barred from serving as lead plaintiff on these grounds, the court finds that no party has rebutted the presumption in favor of Mississippi PERS as lead plaintiff.”
The ruling also granted Mississippi PERS's request for Radnor, Pennsylvania-based Kessler Topaz Meltzer & Check and Wilmington's Rosenthal, Monhait & Goddess to serve as lead and local counsel.
An attorney for Mississippi PERS did not return a call Friday seeking comment on the ruling. Attorneys for the two other investors were not immediately available to comment.
The lawsuit alleges that Advance Auto, CEO Thomas R. Greco and CFO Thomas Okray for more than a year hid from investors that its acquisition of Carquest had caused “systemic inefficiencies and cannibalization of sales” at a time when the company was facing stiff competition.
According to the complaint, originally filed in February by investor Jewel Wigginton, Advanced Auto had reassured investors in 2016 that the deal had provided the company the opportunity to increase its distribution and further expand its foothold in North America. In the first two quarters of 2017, however, the Advance Auto reported declining store sales and free cash flow guidance, causing the company's stock to plunge to $87.08 per share from $140.66 per share on the day before the class period.
Advance Auto's press shop did not return a call Friday seeking comment on the litigation.
Mississippi PERS is represented by Naumon A. Amjed, Darren J. Check and Ryan T. Degnan of Kessler Topaz and P. Bradford deLeeuw of Rosenthal Monhait.
The company is represented by Douglas P. Baumstein and Susan L. Grace of White & Case in New York and Samuel A. Nolen and Katharine L. Mowery of Richards Layton & Finger in Wilmington.
Teamsters 710 was represented by Danielle S. Myers of Robbins Geller Rudman & Dowd and Jeffrey M. Gorris and Christopher P. Quinn of Friedlander & Gorris. The other investor, Local 338 RWDSU/UFCW Retirement Fund, was represented by Ira M. Press, David A. Bishop and Thomas E. Elrod of Kirby Mcinerney and Peter B. Andrews, Craig J. Springer and David M. Sborz of Andrews & Springer.
The case, in the U.S. District Court for the District of Delaware, is captioned Wigginton v. Advance Auto Parts.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All3rd Circ Orders SEC to Explain ‘How and When the Federal Securities Laws Apply to Digital Assets’
5 minute readWomble Bond Dickinson's Wilmington Office Sees New Leadership as Merger Is Completed
4 minute readTrending Stories
- 1Invoking Trump, AG Bonta Reminds Lawyers of Duties to Noncitizens in Plea Dealing
- 222-Count Indictment Is Just the Start of SCOTUSBlog Atty's Legal Problems, Experts Say
- 3Judge Rejects Walgreens' Contractual Dispute Against Founder's Family Member
- 4FTC Sues PepsiCo for Alleged Price Break to Big-Box Retailer, Incurs Holyoak's Wrath
- 5Greenberg Traurig Litigation Co-Chair Returning After Three Years as US Attorney
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250