(Reuters) – Two groups of American International Group Incshareholders won class-action status from a federal judge on Mondayin a $25 billion lawsuit by former Chief Executive Maurice“Hank” Greenberg over alleged losses caused by the U.S.government's bailout of the insurer.
|U.S. Court of Federal Claims Judge Thomas Wheeler alsoappointed Greenberg's lawyer, David Boies, of Boies, Schiller& Flexner LLP, as lead counsel for the classes.
|Greenberg's Starr International Co, once AIG's largestshareholder with a 12 percent stake, sued theUnited States in2011 over what eventually became a $182.3 billion bailout for theNew York-based insurer.
|It said that by taking a 79.9 percent AIG stake andthen conducting a reverse stock split without letting existingshareholders vote, the government conducted an illegal taking thatviolated the 5th Amendment of the U.S. Constitution.
|Citing Boies' estimate that “tens of thousands” of shareholdersmight be affected, Wheeler said “class certification is by far themost efficient method of adjudicating these claims.”
|He distinguished the case from the U.S. Supreme Court's2011 rejection of class status for more than 1million Wal-Mart Stores Inc workers alleging gender bias,saying the AIG claims are “based on the same exactgovernment action” rather than “literally millions” of separateactions.
|One class includes AIG shareholders as of Sept. 22,2008, when a credit agreement awarding the 79.9 percent stake tookeffect. The other class includes shareholders as of June 30, 2009who were denied a chance to vote on the reverse split.
|U.S. Department of Justice spokesman CharlesMiller declined to comment.
|AIG decided on Jan. 9 not to join Greenberg's lawsuit, amidanger from Congress and voters at the prospect that itmight sue the same entity that rescued it from collapse.
|Greenberg is separately appealing the Nov. 19, 2012 dismissal ofa related lawsuit in Manhattan federal court againstthe Federal Reserve Bank of New York.
|On March 1, AIG bought back warrants from the TreasuryDepartment, eliminating the government's last financial interest inthe insurer.
|The case is Starr International Co. v. U.S., U.S. Courtof Federal Claims, No. 11-00779.
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