Lawsuit Overview
December 26, 2013 - The U.S. Court of Appeals for the Second Circuit affirmed the district court's October 12, 2012 decision.
November 8, 2012 - The lead plaintiffs filed a notice of appeal.
October 12, 2012 - The court entered a judgment in favor of the defendants' and closed the case.
October 11, 2012 - The court granted defendants' motion to dismiss.
September 11, 2012 - More defendants' filed a motion to dismiss.
September 14, 2010 - The court granted defendants' motion to dismiss.
November 5, 2009 - Defendants filed a motion to dismiss.
September 25, 2009 - The lead plaintiffs filed an amended consolidated complaint.
May 19, 2009 - Lead plaintiffs and lead counsel were appointed and all cases were consolidated.
April 6, 2009 - Lead plaintiff motions were filed.
March 30, 2009 - The plaintiff filed a notice of voluntary dismissal of a certain defendant without prejudice.
February 5, 2009 - An investor with ING Groep NV filed a lawsuit against ING Groep NV in the U.S. District Court for the Southern District of New York on behalf of all persons who acquired the 6.375% ING Perpetual Hybrid Capital Securities and/or the 8.50% ING Perpetual Hybrid Capital Securities (NYSE: ISF; NYSE: IGK) of ING Groep NV pursuant or traceable to a false registration statement and two prospectuses issued in connection with ING Groep NV’s June 2007 and June 2008 offerings of the Securities.
According to the complaint the plaintiff alleges that ING Groep NV, certain of its affiliates, certain of its officers and directors, the underwriters of the Offerings and its auditor violated the Securities Act of 1933 by issuing false and misleading Registration Statement and Prospectuses. Specifically, ING sold 41,800,000 6.375% Securities at $25 per share for proceeds of over $1 billion in the June 2007 Offering and 80 million 8.50% Securities at $25 per share for proceeds of approximately $2.0 billion in the June 2008 Offering. The Registration Statement/Prospectuses incorporated ING Groep NV’s financial results for 2005/2006 and 2006/2007. Then, after the Offerings were completed, ING Groep NV announced $2 billion in impairment charges associated with its exposure to bad loans, mortgage-related securities and other “pressurized” assets, causing the prices of the Securities issued in the Offerings to decline.