American Pharmaceutical Partners Inc. Case 12/07/2005

To have your information reviewed for options and to recieve notifications about this case, please use this form. You may also send an email to mail@shareholdersfoundation.com, or call us at (858) 779-1554.
Company Name(s): 
American Pharmaceutical Partners
Case Name: 
American Pharmaceutical Partners Inc. Case 12/07/2005
Case Status: 
Lawsuit Filed
Case Status: 
Judgment Issued
Case Status: 
Settlement Proposed
Case Status: 
Settlement Approved
Affected Securities
NASDAQ: APPX
Lawsuit Overview
Type of Lawsuit: 
Shareholder Class Action
Date Filed: 
12/07/2005
Class Period Begin: 
11/27/2005
Class Period End: 
09/10/2008
Court of Filing: 
Court of Chancery of Delaware
Date Settled: 
08/15/2008
Settlement Amount: 
$14,300,000
Deadline to Participate in Settlement: 
01/29/2009
Summary: 

On November 27, 2005, American Pharmaceutical Partners, Inc. (“American Pharmaceutical”), which was publicly
traded, entered into an Agreement and Plan of Merger with privately-held American BioScience, Inc. (“ABI”) (the “Merger
Agreement”), under which ABI eventually merged with and into American Pharmaceutical in a stock-for-stock transaction
(the “Merger”). Prior to the Merger, ABI owned approximately 66.2% of the shares of American Pharmaceutical. This
Action challenged the merger as financially unfair to public shareholders, and a breach of fiduciary duty by the directors of
American Pharmaceutical.

Specifically, on December 7, 2005, (i) plaintiff William H. Olinger filed a putative class action in this Court entitled
Olinger v. Soon-Shiong, et al., C.A. No. 1823-VCL (the “Olinger Action”) asserting breach of fiduciary duty claims against
Defendants; (ii) plaintiff Martin Senson filed a lawsuit in this Court entitled Senson v. Soon-Shiong, et al., C.A. No. 1826-
VCL (the “Senson Action”), alleging both putative class action and shareholder derivative claims against the Defendants
and American Pharmaceutical; and (iii) plaintiff Market Street Securities, Inc. filed a lawsuit in this Court entitled Market
Street Securities, Inc. v. American BioScience, Inc., et al., C.A. No. 1827-VCL (the “Market Street Action”), alleging both
putative class action and shareholder derivative claims against the Defendants, ABI and American Pharmaceutical. All
three actions alleged, in substance, that the Merger unfairly benefited ABI and its shareholders, who were also controlling
shareholders of American Pharmaceutical.

As of December 31, 2007, there were approximately 160 million shares of APP outstanding, of which
approximately 132 million were owned by insiders and would be excluded from the Class. As of the same date, there
were approximately 40 million shares of Abraxis outstanding, of which approximately 33 million were owned by insiders
and would be excluded from the Class.

If the Settlement is approved by the Court, on or before August 15, 2008, Defendants shall pay or cause to be
paid in to an escrow account (the “Settlement Account”) the aggregate sum of $14.3 million.