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Judge OKs class-action against Tribune ESOP trustee
Breaking Legal News |
2011/03/11 12:46
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Tribune Co. employees at the time of company’s 2007 leveraged buy-out are eligible to join a class action lawsuit against the ESOP trustee that represented their interests in the takeover by billionaire Sam Zell, a federal judge ruled Friday.
Any Tribune Co. employee or beneficiary who received or were entitled to an allocation to their employee stock ownership plans (ESOP) stock or ESOP cash accounts are now automatically members of the class suing Lisle-based GreatBanc Trust Co. for failing to fulfill its fiduciary responsibility in the deal, said Daniel Feinberg, an attorney representing the employees and other plaintiffs in the lawsuit. U.S. District Judge Rebecca Pallmeyer’s ruling is the second set-back in less than a week for GreatBanc, the remaining defendant with significant liability in a 2008 lawsuit brought by Dan Neil and other Los Angeles Times staffers against the architects of the ill-fated going-private transaction. |
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Wisconsin Senate GOP bypass Democrats to cut union rights
Political and Legal |
2011/03/11 02:47
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Wisconsin Senate Republicans used a surprise legislative maneuver to pass a bill that would strip collective-bargaining rights from most public-sector workers — a move accomplished without the 14 Democratic senators who had fled the state to stall the measure. Republicans voted 18-1 Wednesday night to pass nonfiscal provisions of the budget-repair bill — including those that would eliminate or severely limit collective-bargaining rights for most public employees. Republicans control the Senate but had been blocked from voting on the issue after Democrats left the state Feb. 17 to prevent a quorum. Instead, Republicans used a procedural maneuver to force the collective-bargaining measure through: They removed elements of Gov. Scott Walker's bill that technically were related to appropriating funds, thus removing a requirement that 20 senators be present for a vote.
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Court blames LA County for ocean pollution
Court Watch |
2011/03/11 02:47
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A California appeals court has sided with environmentalists in a decision that blames Los Angeles County and its flood control district for sending polluted runoff into the Pacific Ocean. The 9th Circuit Court of Appeals ruled Thursday that the county is responsible for the heavily polluted storm water flowing untreated each year down the Los Angeles and San Gabriel rivers. The Natural Resources Defense Council and Santa Monica Baykeeper environmental groups say the ruling is a turning point in the battle for clean water. Council attorney Aaron Colangelo says the county must now eliminate the flow of pollutants. The Los Angeles Times says the Flood Control District argued its channels were simply conduits for upstream polluters, but the court says the district controls the flow to the ocean. |
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Halliburton case could bring flood of class action suits
Breaking Legal News |
2011/03/10 12:46
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The U.S. Supreme Court has agreed to hear a securities class action case with particularly important implications for public companies based in Texas. At issue is a 2007 court of appeals ruling that made it more difficult for shareholders to bring securities fraud class actions in Texas, Louisiana and Mississippi. If the Supreme Court sides with the shareholder plaintiff, companies in Texas could face a flood of cases that plaintiffs previously would not have filed.
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N.O. casino owner sued over secondhand smoke
Class Action |
2011/03/10 12:41
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A lawsuit seeking class-action status accuses Harrah's New Orleans Casino of failing to protect its employees from dangerous levels of secondhand smoke. The mother of a former Harrah's dealer who died of cancer last year filed the federal suit Wednesday against the casino's owner, Nevada-based Caesars Entertainment Corp. The suit claims Maceo Bevrotte Jr.'s cancer was "directly linked" to his prolonged exposure to secondhand smoke at the casino. The suit says Bevrotte worked at Harrah's for about 15 years. The lawsuit seeks unspecified damages and asks a judge to certify the case as a class action for at least 1,000 current, former or future nonsmoking casino employees. Caesar's spokesman Gary Thompson said the company doesn't comment on pending litigation. |
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Vivendi To Cut US Class Action Provision
Court Watch |
2011/02/25 09:09
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Vivendi SA said Wednesday it will significantly reduce the EUR550 million provision it had made to cover potential damages for a U.S. class action case after a U.S. judge narrowed the size of the class. The Paris-based company's potential liabilities have been slashed by 80% in light of the court victory, which will free up more cash as the group prepares to buy out Vodafone PLC's minority stake in telecoms operator SFR. Vivendi made the provision in its 2009 accounts to cover any eventual payout after a jury in January last year found the company liable for 57 misstatements about its financial condition in the two years leading up to its near bankruptcy in 2002. The damages arising from the ruling in January 2010, which was based on a class involving shareholders outside the U.S., could have totaled more than $9 billion, according to lawyers for the shareholders, although Vivendi's lawyer Herve Pisani rejected the sum as "unfounded." The ruling Tuesday by U.S. District Judge Richard Holwell that shareholders who bought Vivendi shares outside the U.S. are barred from bringing fraud claims against the company in the U.S., considerably narrowed the overall size of the potential class. |
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Scott+Scott LLP Announces Class Action Lawsuit
Class Action |
2011/02/25 09:09
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Scott+Scott LLP filed a class action complaint against Oilsands Quest Inc. ("Oilsands Quest" or the "Company") (AMEX:BQI) and certain of the Company's officers in the U.S. District Court for the Southern District of New York. The action for violations of the Securities Exchange Act of 1934 is brought on behalf of those purchasing the common stock and other publicly-traded securities of Oilsands Quest between August 14, 2006 and July 14, 2009, inclusive (the "Class Period"), including Oilsands Quest's "Exchangeable Shares" offered as consideration for the minority interest in OQI Sask on August 14, 2006; Oilsands Quest's "units" first publicly offered on December 5, 2007 at $5.00 per unit; Oilsands Quest common stock shares publicly offered on December 5, 2007 on a flow-through basis at $6.11 ($6.17 CDN) per share; and Oilsands Quest's "units" first publicly offered on May 1, 2009 at $0.85 per unit. If you purchased Oilsands Quest common stock or other Oilsands Quest securities during the Class Period and wish to serve as a lead plaintiff in the action, you must move the Court no later than 60 days from today. Any member of the investor class may move the Court to serve as lead plaintiff through counsel of its choice, or may choose to do nothing and remain an absent class member. If you wish to discuss this action or have questions concerning this notice or your rights, please contact Scott+Scott, http://www.scott-scott.com for more information. There is no cost or fee to you. The complaint filed in the action charges that, during the Class Period, Oilsands Quest and certain of its officers and directors overstated the value of the Company's assets by more than $136 million in violation of Generally Accepted Accounting Practices ("GAAP"). As alleged in the complaint, on August 14, 2006, Oilsands Quest acquired the minority interest in its operating subsidiary, OQI Sask, that the Company did not already own. The Complaint alleges that Oilsands Quest's Class Period financial reports and statements issued thereafter were false and misleading in that: (a) defendants failed to properly account for Oilsands Quest's acquisition of the minority interest of OQI Sask in August 2006, materially overstating the value of OQI Sask throughout the Class Period; (b) Oilsands Quest's financial statements overstated the value of the Company's interest in OQI Sask and were presented in violation of GAAP throughout the Class Period; and (c) contrary to defendants' Class Period assurances, the Company's internal controls were inadequate to prevent it from improperly inflating the value of its assets. |
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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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