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let two West Virginia residents revive a lawsuit against Bayer AG over its anti-cholesterol drug Baycol, which was withdrawn from the market in 2001 after reports of a severe and sometimes fatal muscle disorder.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


Toyota class action suit to start with Utah case
Class Action | 2011/06/13 19:18
A federal judge expects the first lawsuit to go to trial in a massive class action against Toyota Motor Corp. over a sudden acceleration problem that led the company to recall 14 million cars will involve a crash that killed two people in Utah.

U.S. District Judge James Selna told attorneys Friday that the case of Paul Van Alfen and Charlene Jones Lloyd -- whose Toyota Camry slammed into a wall in Wendover, Utah, in 2010 -- will go to trial in early 2013.

The case will be the first of several bellwether lawsuits, intended to determine how the rest of the litigation will proceed.

Toyota says it welcomes the first suit because it will focus on what it calls the alleged technical defects at the heart of the cases.


NY jury convicts 3 in NYC hedge fund trial
Court Watch | 2011/06/13 10:16
The second trial to result from a massive investigation into insider trading at hedge funds ended Monday with the conviction of a trio of Wall Street traders on charges they paid hefty bribes to coax confidential information out of shady lawyers.

A jury reached the verdict against stock trader Zvi Goffer and two others in federal court in Manhattan after deliberating five days since June 2. It came a month after the conviction of Raj Rajaratnam, the one-time billionaire who founded the Galleon Group of hedge funds and who was once Goffer's boss.

Goffer, his brother Emanuel and Michael Kimelman were convicted of conspiracy to break securities laws. The men were permitted to remain free on bail pending sentencing, set for the fall.

The defendants, who had insisted they based trades only on public information, remained calm during the verdict. Zvi Goffer's wife and mother left the courtroom in tears.


Court orders reconsideration of parole judgment
Criminal Law | 2011/06/13 10:16
The Supreme Court has ordered a lower court to reconsider its decision to release a criminal on parole.

The high court threw out a lower court decision ordering John Pirtle and other prisoners released from prison on parole.

Pirtle was convicted of killing his wife, and the parole board started denying him parole in 2002. Pirtle sued in federal court, saying his parole was denied without any proof that he posed a danger if he got out.

The lower courts agreed with him and ordered him and other prisoners in similar situations released on parole.

The high court threw out that decision in a summary judgment and ordered the 9th U.S. Circuit Court of Appeals in San Francisco to reconsider it.


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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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