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Mich. Supreme Court to hear septic case from Thumb
Court Watch | 2011/03/24 02:52

The Michigan Supreme Court says it will decide if judges can order a sewer system when septic tanks fail and spoil a lake.

The court says Thursday it will take an appeal in a case involving Worth Township along Lake Huron in Michigan's Thumb region. State regulators want the township to install a sewer system, but an appeals court said local government isn't responsible for the problems of private property owners.

Some septic systems are failing on a five-mile stretch between M-25 and Lake Huron in Sanilac County. Waste is being discharged into Lake Huron and its tributaries.

Worth Township says it can't build a sewer system without financial help from the state.



Law Offices of Howard G. Smith Announces Class Action
Class Action | 2011/03/24 01:56

Law Offices of Howard G. Smith announces that a class action lawsuit has been filed on behalf of all persons or entities who purchased the securities of Medifast, Inc. (“Medifast” or the “Company”) (NYSE:MED - News) between March 4, 2010 and March 10, 2011, inclusive (the “Class Period”). The class action lawsuit was filed in the United States District Court for the District of Maryland.

Medifast engages in the production, distribution and sale of weight management and disease management products, and other consumable health and diet products in the United States. The Complaint alleges that during the Class Period the Company and certain of its executive officers violated federal securities laws by issuing material misrepresentations to the market concerning Medifast’s business, operations and prospects, thereby artificially inflating the price of the Company’s securities.

On March 11, 2011, the Company announced a delay completing its consolidated financial statements for fiscal 2010 and filing its Annual Report on Form 10-K due to “additional time needed for the Company to review the recognition of certain expenses in prior periods.” Following this news, Medifast shares declined $5.27 per share from the previous day’s closing price, to close on March 11, 2011 at $16.63 per share on unusually heavy trading volume.

No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased Medifast securities between March 4, 2010 and March 10, 2011, you have certain rights, and have until May 17, 2011, to move for lead plaintiff status. To be a member of the class you need not take any action at this time, and you may retain counsel of your choice. If you wish to discuss this action or have any questions concerning this Notice or your rights or interests with respect to these matters, please contact Howard G. Smith, Esquire, of Law Offices of Howard G. Smith, 3070 Bristol Pike, Suite 112, Bensalem, Pennsylvania 19020, by telephone at (215)638-4847, Toll-Free at (888)638-4847, by email to howardsmith@howardsmithlaw.com or visit our website at www.howardsmithlaw.com.



Rigrodsky & Long, P.A. Announces Class Action
Class Action | 2011/03/23 09:57

Rigrodsky & Long, P.A. announces that a class action lawsuit has been filed in the United States District Court for the District of Colorado on behalf of all persons or entities who purchased or otherwise acquired the common stock of United Western Bancorp, Inc. (“United Western” or the “Company”) (Pink Sheets: UWBK.PK) pursuant and/or traceable to the registration statement and prospectus issued in connection with the Company’s September 17, 2009 offering (the “Offering”), alleging violations of the Securities Act of 1933 (the “Complaint”).

If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact Timothy J. MacFall, Esquire or Noah R. Wortman, Case Development Director of Rigrodsky & Long, P.A., 919 North Market Street, Suite 980 Wilmington, Delaware, 19801 at (888) 969-4242, by e-mail to info@rigrodskylong.com, or via our website: http://www.rigrodskylong.com/news/UnitedWesternBancorp-UWBK.

The Complaint names United Western, certain of the Company’s current executive officers and directors, auditors, and investment advisors as defendants. On September 17, 2009, defendants consummated the Offering pursuant to a false and misleading registration statement, selling 20 million shares of United Western common stock at $4.00 per share, for proceeds of $80 million. United Western also received additional gross proceeds of $7.8 million (1,961,325 shares issued at $4.00/share) as a result of the partial exercise of the over-allotment option to purchase additional shares granted to the underwriters. The registration statement incorporated, among other documents, United Western’s reported financial results and 10-K/A for 2008 and the reported financial results and 10-Q for the second quarter of 2009.

The Complaint alleges that the true facts which were omitted from the registration statement were: (1) United Western’s mortgage backed securities (“MBSs”) and collateralized mortgage obligations (“CMOs”) were impaired to a far greater extent than the Company had disclosed; (2) defendants failed to properly record losses for other than temporary impairment (“OTTI”) in United Western’s non-agency MBSs and CMOs; (3) the Company’s internal controls were inadequate to prevent the Company from improperly reporting its impaired assets; and (4) the Company’s capital base was not adequate in light of the impairment of its assets.

United Western ultimately announced multi-million dollar impairments in its investment securities portfolio, specifically in MBSs and CMOs, causing the price of its common stock to plummet. In turn, on January 21, 2011, the Federal Deposit Insurance Corporation (“FDIC”) was appointed as receiver for United Western Bank by the Office of Thrift Supervision (“OTS”) under the Federal Deposit Insurance Act.



Seattle woman files class action lawsuit against Groupon
Class Action | 2011/03/23 09:53

A Seattle woman filed a class action lawsuit against the Internet coupon giant, Groupon.

Barrie Arliss said Groupon sells gift certificates with clearly visible expiration dates, even though state law prohibits expiration dates on certificates.

In the class action complaint, Arliss also said the company put other illegal restrictions on the gift certificates it sells as Groupons.

Arliss said Groupon deceives customers into forgoing refunds when customers are entitled to them.




Judge denies class action status in lawsuit
Class Action | 2011/03/11 12:47

A federal judge has refused to expand a lawsuit beyond the seven people who are suing a South Dakota urology clinic and its owners.

The plaintiffs sought to make it a class action suit representing more than 6,000 patients.

The lawsuit against Siouxland Urology Center in Dakota Dunes and doctors alleges that the former patients could have been exposed to blood-borne infections because medical equipment that was intended for single-patient use was reused at the clinic.

U.S. District Judge Karen Schreier ruled that the complaint did not meet all the requirements for class action status.

The plaintiffs, identified as Iowa residents, seek more than $5 million on allegations that include negligence, medical malpractice, and emotional distress.



Credit Suisse to pay $70m to settle suit
Corporate Governance | 2011/03/11 12:47

Credit Suisse has agreed to pay $70 million to settle a class-action suit by investors claiming it misstated its subprime asset losses.
In an agreement filed in Manhattan, the Swiss bank said it would settle with investors who purchased United States depositary shares of the company’s stock on the New York Exchange between February 15, 2007 and April 14, 2008.

US residents who purchased Credit Suisse stock on the Swiss stock exchange during the period are also included. The settlement must be approved by the court.

Defendants had alleged that during the period in question, Credit Suisse and some of its executives, including chief executive Brady Dougan, issued “materially false and misleading statements regarding the company's business and financial results”.

Specifically, they alleged that Credit Suisse “concealed the company’s failure to write down impaired securities containing mortgage-related debt”.

In the settlement, Credit Suisse said it continued to “deny all charges of wrongdoing or liability”. However, the bank said it concluded that “further continuation of the action would be protracted and expensive”.



Judge OKs class-action against Tribune ESOP trustee
Breaking Legal News | 2011/03/11 12:46

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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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 and help you redesign your existing law firm site to secure your place in the internet.
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