Skip to Main Content

National Beverage Corp. Securities Fraud Class Action

View Complaint
COMPANY         National Beverage Corp.
COURT United states District Court for the Southern District of Florida
CASE NUMBER 18-cv-61631
JUDGE The Hon. Kevin Michael Moore
CLASS PERIOD July 17, 2014 - July 3, 2018
SECURITY TYPE  Common Stock

Case Background:

On  July 17, 2018  the initial complaint in this securities class action was filed against  National Beverage Corp. and certain of  National Beverage Corp.’s  directors and officers, asserting violations of Sections 10(b) and 20(a) of the Securities Exchange Act.

The complaint alleges that throughout the class period, Defendants made materially false and misleading statements regarding the Company’s business, operational and. Compliance policies.. Specifically, the complaint alleges that Defendants made false and/or misleading statements and/or failed to disclose that: (i) National Beverage’s sales claims and the supposed underlying “proprietary techniques” lacked a verifiable basis; (ii) National Beverage’s Chairman and CEO, Defendant Caporella, engaged in a pattern of sexual misconduct between 2014 and 2016; and (iii) as a result, National Beverage’s public statements were materially false and misleading at all relevant times.
This is a federal securities class action on behalf of all persons who purchased or otherwise acquired National Beverage Corp. securities between July 17, 2014 through July 3, 2018 both dates inclusive.

Current Status of Case:

On November 2, 2018 Lead Plaintiffs filed an Amended Complaint.   On August 29, 2019, the Court entered an Order Granting Defendants’ Motion to Dismiss was granted and the Final Judgment was entered for Defendants on September 20, 2019.  Lead Plaintiffs filed a Notice of Appeal on October 16, 2019.  On June 3, 2020 the case was reopened.  On July 22, 2021 Lead Plaintiffs’ Complaint was dismissed with prejudice.  Final Judgment was entered on July 27, 2021.  This action has concluded. 

f you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Kessler Topaz Meltzer & Check, LLP: Jon Naji, Esq. (484) 270-1453; toll-free at (844) 887-9500; or via e-mail at info@ktmc.com. If you would like additional information about the suit, please click on the link "Submit Your Information" above and fill out the form as promptly as possible.

Please complete this form relating to your transactions for National Beverage Corp. (Nasdaq: FIZZ)  securities between July 17, 2014, through July 3, 2018, inclusive (the “Class Period”).  

You may also contact Jon Naji, Esq. at (484) 270-1453; or you may submit your information via email at info@ktmc.com, or you may click here to print a PDF of this form.

SUBMIT YOUR INFORMATION
* Denotes required field
Date
# of Shares
Price per Share
Date
Principal Amount
Amount Paid
Series or CUSIP
Date
# of Contracts
Price per Contract
Exercise Price
Expiration Date
Did you purchase shares of National Beverage Corp. (2018) prior to the Class Period?
Are you a current or former employee of National Beverage Corp. (2018)?
The submission of this form does not create an attorney-client relationship, nor an obligation on the part of Kessler Topaz or you to file a lead plaintiff motion in this matter. Any information you submit will be maintained as confidential. If Kessler Topaz, in its sole discretion, believes that you might be an appropriate lead plaintiff candidate, Kessler Topaz will contact you to discuss the matter and whether to establish an attorney client relationship. By signing this form you are authorizing us to contact you regarding this case and/or future cases.
I agree to the KTMC disclaimer
I would like to receive new case alerts by email