Bragar Eagel & Squire, P.C. Reminds Investors That Class Action Lawsuits Have Been Filed Against Southwest Airlines, CPI Aerostructures, Tivity Health, and Tupperware Brands and Encourages Investors to Contact the Firm
GlobeNewswire

NEW YORK, March 25, 2020 (GLOBE NEWSWIRE) -- Bragar Eagel & Squire, P.C., a nationally recognized shareholder rights law firm, reminds investors that class action lawsuits have been commenced on behalf of stockholders of Southwest Airlines Co. (NYSE: LUV), CPI Aerostructures, Inc. (NYSE: CVU), Tivity Health, Inc. (NASDAQ: TVTY), and Tupperware Brands Corporation (NYSE: TUP). Stockholders have until the deadlines below to petition the court to serve as lead plaintiff. Additional information about each case can be found at the link provided.

Southwest Airlines Co. (NYSE: LUV)

Class Period: February 7, 2017 to June 25, 2019

Lead Plaintiff Deadline: April 20, 2020

The complaint, filed on February 19, 2020, alleges that throughout the Class Period defendants made materially false and misleading statements regarding the Company’s business, operational and compliance policies. Specifically, defendants made false and/or misleading statements and/or failed to disclose that: (i) Southwest’s operations were non-compliant with government maintenance and safety regulations; (ii) the foregoing issues were exacerbated by Southwest’s undue influence over FAA officials and, consequently, lax regulatory oversight of the Company’s operations; (iii) all of the foregoing significantly increased the safety risks to passengers traveling on Southwest flights and heightened governmental scrutiny into the Company; and (iv) as a result, the Company’s public statements were materially false and misleading at all relevant times.

On April 17, 2018, news sources reported that a Southwest plane had blown an engine, which exploded and caused shrapnel to strike the plane. The explosion resulted in the death of one passenger, who was partially pulled through a large hole as the cabin suffered rapid decompression, and injured seven others. According to the Chairman of the National Transportation Safety Board, the incident marked “the first passenger fatality in a U.S. airline accident since 2009,” and that, out of twenty-four fan blades in the engine at issue, one was missing.

On this news, Southwest’s stock price fell $0.62 per share, or 1.13%, to close at $54.27 per share on April 17, 2018.

On April 19, 2018, the FAA announced that it would “order inspections of at least 220 aircraft engines as investigators are focusing on a broken fan blade in an engine that exploded.” According to news sources, the order was initially proposed in August 2016, following the earlier incident in which engine failure had also resulted from a broken fan blade. Critics also reportedly questioned why the FAA had not acted sooner in conjunction with their European counterparts.

On this news, Southwest’s stock price fell $1.02 per share, or 1.83%, to close at $54.80 per share on April 19, 2018.

On June 21, 2018, news sources reported that eight passengers were suing Southwest in connection with the engine explosion in April 2018.

On this news, Southwest’s stock price fell $1.24 per share, or 2.33%, to close at $51.91 per share on June 22, 2018.

Finally, on June 25, 2019, the Wall Street Journal published an article entitled “FAA Reassigns Senior Managers in Office Overseeing Southwest Airlines,” which reported that the FAA had “removed three senior managers in the office overseeing Southwest Airlines Co., amid allegations of lax safety enforcement raised by agency whistleblowers and various resulting government inquiries.” The article also noted that “[t]he [DOT]’s inspector-general has been looking into some of the safety issues for many months . . . including lapses by the airline in documenting maintenance for more than 100 of its jets,” as well as “failures to reliably compute the weight of checked baggage and hazardous landing incidents in which one aircraft smacked a wingtip on the tarmac and another ran off the strip in stormy weather.”

On this news, Southwest’s stock price fell $0.30 per share, or 0.59%, to close at $50.70 per share on June 26, 2019.

For more information on the Southwest Airlines class action go to: https://bespc.com/luv

CPI Aerostructures, Inc. (NYSE: CVU)

Class Period: March 15, 2018 and February 14, 2020

Lead Plaintiff Deadline: April 24, 2020

On February 14, 2020, CPI announced that its financial statements for fiscal year 2018, the last three quarters of 2018, and the first two quarters of 2019 should no longer be relied upon due to errors in those financial statements relating to the Company's recognition of revenue from contracts with customers under ASC Topic 606.

In addition, the Company announced that investors should no longer rely upon the independent auditor’s reports on the effectiveness of internal control over financial reporting for the year ended December 31, 2018, as well as management’s reports on the effectiveness of internal control over financial reporting, press releases, and investor communications describing the Company’s financial statements for these periods. The Company also announced the resignation of its Chief Financial Officer.

On this news, CPI’s share price dropped sharply, to close at $4.87 per share.

The complaint, filed on February 24, 2020, alleges that throughout the Class Period defendants made false and/or misleading statements and/or failed to disclose that: (1) CPI Aerostructures’ financial statements included in the Company’s Forms 10-Q for the first, second, and third quarters of 2018 and 2019 incorrectly applied generally accepted accounting principles and thus revenue, net income, retained earnings, and contract assets were overstated; (2) as a result, the financial statements included in the Form 10-Qs for 2018 and 2019 and the annual report on Form 10-K for 2018 could no longer be relied upon and required restatement; (3) CPI Aerostructures lacked adequate internal controls over financial reporting and effective disclosure controls and procedures as of the period during each reporting period of 2018; (4) CPI Aerostructures lacked effective disclosure controls and procedures during the third quarter of 2019; and (5) as a result, defendants’ statements about its business, operations, and prospects, were materially false and misleading and/or lacked a reasonable basis at all relevant times.

For more information on the CPI Aerostructures class action go to: https://bespc.com/CVU-2

Tivity Health, Inc. (NASDAQ: TVTY)

Class Period: March 8, 2019 to February 19, 2020

Lead Plaintiff Deadline: April 27, 2020

In December 2018, Tivity announced that it would acquire Nutrisystem, Inc., a provider of weight management products and services (the “Nutrisystem Acquisition”).  On March 8, 2019, Tivity announced the completion of the Nutrisystem Acquisition for approximately $1.3 billion in cash and stock.

On February 19, 2020, Tivity issued a press release announcing the Company’s financial results for the fourth quarter and year ended December 31, 2019.  Tivity disclosed, inter alia, that its “Nutrition segment had a disappointing end to 2019,” which included “a non-cash impairment charge of $(377.1) million,” contributing to a net loss for the Company of $272.8 million in the fourth quarter.  Tivity further announced the resignation of the Company’s Chief Executive Officer (“CEO”) Donato Tramuto, effective immediately.  Discussing the Company’s financial results on an earnings call, the Company’s interim CEO, Robert Greczyn, stated that “[a]dmittedly, the nutrition business has not worked out as well as planned since the completion of the [Nutrisystem Acquisition] in March 2019.”

On this news, Tivity’s stock price fell $10.43 per share, or 45.49%, to close at $12.50 per share on February 20, 2020. 

The Complaint, filed on February 25, 2020, alleges that throughout the Class Period defendants made materially false and misleading statements regarding the Company’s business, operational and compliance policies.  Specifically, defendants made false and/or misleading statements and/or failed to disclose that: (i) following the Nutrisystem Acquisition, Tivity’s Nutrition segment faced significant operational challenges; (ii) the foregoing would foreseeably have a significant impact on Tivity’s revenues; and (iii) as a result, the Company’s public statements were materially false and misleading at all relevant times.

For more information on the Tivity class action go to: https://bespc.com/TVTY-2

Tupperware Brands Corporation (NYSE: TUP)

Class Period: January 30, 2019 to February 24, 2020

Lead Plaintiff Deadline: April 27, 2020

On February 24, 2020, Tupperware issued a press release reporting preliminary fiscal 2019 financial and operational results. Therein, the Company disclosed, among other things, that it was “conducting an investigation primarily into the accounting for accounts payable and accrued liabilities at its Fuller Mexico beauty business to determine the extent to which these matters may further impact results and to assess and enhance the effectiveness of internal controls at this business.” The Company further disclosed that “total impairments for Fuller Mexico are expected to be approximately $31 million. The total pre-tax impact for 2019 is approximately $50-52 million.”

On this news, Tupperware’s share price declined $2.61 per share, or over 46%, to close at $3.11 per share on February 25, 2020.

The complaint, filed on February 25, 2020, alleges that throughout the Class Period defendants made false and/or misleading statements and/or failed to disclose that: (1) Tupperware lacked effective internal controls; (2) as a result, Tupperware would need to investigate Fuller Mexico’s accounting and liabilities; (3) consequently, Tupperware would be unable to timely file its annual report on Form 10-K for its fiscal year 2019; (4) Tupperware did not properly account for its accounts payable and accrued liabilities at Fuller Mexico; (5) Tupperware provided overvalued earnings per share guidance; (6) Tupperware would need relief from its $650 million Credit Agreement; and (7) as a result, defendants’ statements about its business, operations, and prospects, were materially false and misleading and/or lacked a reasonable basis at all relevant times.

For more information on the Tupperware class action go to: https://bespc.com/TUP

About Bragar Eagel & Squire, P.C.:

Bragar Eagel & Squire, P.C. is a nationally recognized law firm with offices in New York and California. The firm represents individual and institutional investors in commercial, securities, derivative, and other complex litigation in state and federal courts across the country. For more information about the firm, please visit www.bespc.com.  Attorney advertising.  Prior results do not guarantee similar outcomes. 

Contact Information:

Bragar Eagel & Squire, P.C.

Melissa Fortunato, Esq.

Marion Passmore, Esq.

(212) 355-4648

investigations@bespc.com

www.bespc.com

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