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ROSS SYSTEMS APPEALS BOND

Ross Systems has asked for reduction in the $77-million bond required to cover a $61.3 million awarded to Sunshine Mills, a company in Franklin County Ala. Sunshine had filed suit in 2005 alleging fraud in the sale and implementing of Ross’s software. Under Alabama law, Ross had to post the bond while it appeals the verdict to the state’s supreme court and its recent filing was the last step available for reducing the bond during the appeal period.
On April 7, a county court rejected staying the verdict pending appeal. The jury awarded Sunshine $16 million in compensatory damages, which were not based on actual damages but on the loss of future anticipated savings, along with $45 million in punitive damages. According to Ross, Sunshine continues to use Ross’ software and not only was on maintenance through the end of 2010 but had since purchased additional services from Ross, which is owned by CDC Software.
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