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Supreme Court limits Wal-Mart sex bias case
Breaking Legal News | 2011/06/20 08:08
The Supreme Court on Monday blocked a massive sex discrimination lawsuit against Wal-Mart on behalf of women who work there.

The court ruled unanimously that the lawsuit against Wal-Mart Stores Inc. cannot proceed as a class action, reversing a decision by the 9th U.S. Circuit Court of Appeals in San Francisco. The lawsuit could have involved up to 1.6 million women, with Wal-Mart facing potentially billions of dollars in damages.

Now, the handful of women who brought the lawsuit may pursue their claims on their own, with much less money at stake and less pressure on Wal-Mart to settle.

The justices divided 5-4 on another aspect of the ruling that could make it much harder to mount similar class-action discrimination lawsuits against large employers.

Justice Antonin Scalia's opinion for the court's conservative majority said there needs to be common elements tying together "literally millions of employment decisions at once."

But Scalia said that in the lawsuit against the nation's largest private employer, "That is entirely absent here."

Justice Ruth Bader Ginsburg, writing for the court's four liberal justices, said there was more than enough uniting the claims. "Wal-Mart's delegation of discretion over pay and promotions is a policy uniform throughout all stores," Ginsburg said.

Business interests lined up with Wal-Mart while civil rights, women's and consumer groups have sided with the women plaintiffs.



Judge to hear $3.4B Indian settlement case
Class Action | 2011/06/20 00:18
A hearing is planned Monday on the fairness of a $3.4 billion settlement reached in a lawsuit that claimed the government mismanaged the accounts of hundreds of thousands of American Indian landowners.

The hearing in Washington, D.C., comes six months after lawmakers approved the settlement and a federal judge granted preliminary approval of the deal in December. The lead plaintiff in the 15-year-old class-action lawsuit is Elouise Cobell of Browning, Mont., a member of Montana's Blackfeet Tribe.

The lawsuit argues the Interior Department mishandled billions of dollars in royalties belonging to Indian account holders.

Potential beneficiaries were notified of the settlement and had until April 20 to opt out of the class-action lawsuit and start their own, or submit objections to the settlement.

The Billings Gazette reported that 92 objections were filed and 19 people have asked to speak at the hearing on Monday before U.S. District Judge Thomas Hogan.

Some objections to the settlement concern the $223 million, plus $1.3 million in expenses, requested by attorneys. The attorneys in February said that Instead of being paid up to $99.9 million, as initially agreed, they deserved at least $224 million for their work on the case since 1996.



Navy subcontractor pleads guilty in bribe case
Court Watch | 2011/06/20 00:17

A Navy subcontractor pleaded guilty Friday in Rhode Island for his part in what federal prosecutors say was a kickback scheme that cost the Navy millions of dollars.

Russell Spencer's plea was part of an agreement with prosecutors in which he promised to cooperate with authorities as he has been since investigators approached him in June 2010.

Spencer, 56, pleaded guilty to conspiring to commit bribery in helping funnel money, through his businesses, from a Navy contractor to a civilian Navy employee who prosecutors say then bumped up funding to the contractor. Prosecutors say the scheme cost the Navy between $7 million and $20 million.

The case prompted an internal Navy investigation that resulted in military officials in Washington suspending the contracting authority of Newport's Naval Undersea Warfare Center. The Navy said a host of contracting problems at the facility enabled the scheme.

According to the government, Ralph M. Mariano of Arlington, Va., who worked at the warfare center, initiated the scheme by threatening to use his position to reduce funding for contracts held by Advanced Solutions for Tomorrow if company owner Anjan Dutta-Gupta didn't kick back money to Mariano.

Dutta-Gupta, of Roswell, Ga., has pleaded guilty to paying $8 million in bribes over more than a decade. Mariano has been charged, but not indicted. He has declined to comment on the allegations, and remains free on bond.




US court lets class action against Bayer proceed
Class Action | 2011/06/20 00:17

The Supreme Court will let two West Virginia residents revive a lawsuit against Bayer AG over its anti-cholesterol drug Baycol, which was withdrawn from the market in 2001 after reports of a severe and sometimes fatal muscle disorder.

The high court on Thursday unanimously agreed to let Kevin Smith and Shirley Sperlazza's class-action lawsuit against Bayer go forward.

The 8th U.S. Court of Appeals had thrown out their lawsuit out after a federal judge overseeing multistate litigation against Bayer refused to let other West Virginians file a similar class-action lawsuit against the corporation.

The high court said that decision was incorrect.




2 ex-judges, lawyer back to prison in Miss scheme
Criminal Law | 2011/06/14 11:16
Two ex-judges and an attorney from Mississippi must return to federal prison for their convictions in a loan scheme.

A federal appeals court had vacated their bribery convictions but upheld the guilty verdicts on corruption charges. So they needed to be resentenced.

U.S. District Judge Henry T. Wingate denied requests by Paul Minor and former Harrison County judges Wes Teel and John Whitfield to be re-sentenced to time they have already served.

Wingate on Monday sentenced Minor to eight years, Teel to four and Whitfield about six — all less than previous.

Prosecutors said Minor would guarantee loans for the judges, then used cash and third parties to pay off the debts. Judges then ruled in his favor in civil cases. He has long said he is innocent and was making loans to help friends.





High-profile attorney facing disbarment in Ky.
Breaking Legal News | 2011/06/13 19:20
The Kentucky Bar Association Board of Governors is preparing to decide the fate of class-action legal specialist Stan Chesley, the Cincinnati attorney known as the "Master of Disaster."

The board is scheduled to hear oral arguments on Tuesday at a Lexington hotel. A trial commissioner who recommended disbarment also wants Chesley to return $7.6 million of the $20 million he was paid in fees from a Boone County settlement for people sickened by the diet drug fen-phen. The commissioner called Chesley's behavior "shocking and reprehensible."

Chesley could appeal any disbarment to the Kentucky Supreme Court, which has the final say on disciplinary matters. Since Kentucky has a reciprocal agreement with Ohio, Chesley could lose his law license in Ohio if he is disbarred in Kentucky, the Kentucky Enquirer reports.



Ford shares fall after $2B judgment in dealer suit
Class Action | 2011/06/13 19:19
Ford Motor Co. shares sank early Monday after an Ohio judge said the automaker had to pay nearly $2 billion in damages to thousands of dealerships who participated in a 2002 class-action lawsuit. But the shares pared their losses as several analysts downplayed the news and said Ford can absorb the damages even if loses a planned appeal.

Cuyahoga County Common Pleas Judge Peter Corrigan in Cleveland issued the ruling based on a Feb. 11 jury determination that the company overcharged dealers for commercial trucks over 11 years. The $2 billion award covers more than 3,000 dealerships and about 474,000 trucks. It includes a judgment of about $781 million and about $1.2 billion in interest.

Ford is appealing the decision. Ford chief counsel David Leitch said Monday that it will likely take several years for the case to wind its way through the Ohio appeals system.

Standard and Poor's reiterated its "Buy" rating on Ford Monday afternoon, saying that if Ford loses the appeal it would be "costly but absorbable," with Ford taking a hit of around 47 cents per share. Barclays Capital analysts also reiterated a "Overweight/Neutral" rating and said they don't expect a significant impact to Ford's cash position in the near term because of the length of the appeals process.



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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