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Class-action lawsuit settled against RealtySouth
Court Watch | 2010/10/06 04:31

Vicki Busby, on behalf of herself and other people similarly situated, sued JRHBW Realty, Inc., d/b/a RealtySouth (hereinafter referred to as "RealtySouth") alleging that RealtySouth violated the Real Estate Settlement Procedures Act ("RESPA") by charging individuals a $149 "ABC Fee" (sometimes called an "administrative brokerage commission") for which no service was performed. RealtySouth denies the allegations of the lawsuit.

The Court certified the case as a class action. Notice was sent to all potential class members in December 2008. You can find that notice and more information about the case and the claims process at www.hwnn.com/realtysouthclassaction.

The Court has entered partial summary judgment finding RealtySouth liable as a matter of law for charging a $149 "ABC Fee" (sometimes referred to as an "administrative brokerage commission") that was unearned under RESPA.

RealtySouth maintains the right to contest an individual’s claim for damages by contesting whether or not the person is a member of the class, including whether their transaction is covered by RESPA, and whether they in fact paid the fee or whether it was paid for them. Thus, to receive payment, class members must submit the enclosed claim form and supporting documentation to the claims administrator in order to be eligible for payment.

The claim form and accompanying paperwork must be submitted to the claims administrator. The claims administrator is Dahl, Inc. Claim Forms and supporting documentation must be postmarked, e-mailed, or faxed by December 15, 2010. Claims should be mailed to:

RealtySouth Claims Administrator
C/O Dahl, Inc.
P.O. Box 2061
Faribault, MN 55021-2061.
Claim forms and supporting documents may also be faxed to 1-507-384-0024 or e-mailed to realtysouthclaims@dahl-inc.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

For those individuals who prove their membership in the class, the damages for an individual claim are the $149 paid to RealtySouth. Those damages are automatically trebled by statute to $447.

If you have questions, you may call the claims administrator at 1-877-541-3050. You may call class counsel at 800-568-5330 or you may visit the website www.hwnn.com/realtysouthclassaction.



Toyota U.S. Shareholders File Consolidated Complaint on Vehicle Recalls
Corporate Governance | 2010/10/05 14:29

Toyota Motor Corp. was accused by U.S. investors of violating securities law by failing to disclose acceleration-related defects that it knew about, according to a consolidated complaint in a class-action lawsuit.

The shareholders, led by the Maryland State Retirement and Pension System, said in the Oct. 4 filing in federal court in Los Angeles that internal documents show Toyota deliberately concealed unintended sudden acceleration problems in the U.S. They said the company knew about the defects as early as 2000 and “stonewalled” regulators to avoid recalls.

“As government regulators and the media began to focus on this serious safety problem in the Toyota vehicles, defendants initially denied that any unintended acceleration problem existed, despite a plethora of internal evidence to the contrary, and instead blamed driver error and media-induced publicity,” the investors said.

Toyota’s recalls related to sudden acceleration defects have erased $30 billion in market capitalization, the investors said. The Maryland pension fund seeks to represent investors who bought Toyota’s American depositary receipts from May 10, 2005, to Feb. 2, 2010.

The fund also wants to represent investors who bought the carmaker’s common stock in domestic transactions during that period as well as, through claims made under Japanese law, all investors who bought the common stock during that time, according to the complaint.



Great-West Lifeco handed $456-M judgement in class-action lawsuit
Class Action | 2010/10/04 09:06

A stunning $456-million judgement has been handed down against Winnipeg-based insurance giant Great-West Lifeco in a class-action lawsuit.

An Ontario superior court judge ruled Friday that Great-West breached sections of the Insurance Companies Act by transferring money from subsidiary accounts to finance the 1997 takeover of London Insurance Group.

Nearly 2-million policy holders - mostly from Ontario, Quebec, Saskatchewan and Manitoba - joined thr class-action suit that has been winding through the courts over the past 12 years.

Great-West Lifeco has been ordered to pay $372 million to policyholders of London Life and $84 million to those of Great West Life.

Great-West Lifeco intends to launch an appeal, believing ``significant aspects'' of the decision are ``in error''.



Microsoft Sues Moto for Android Patent Infringement‎
Breaking Legal News | 2010/10/04 09:04

Microsoft took legal action against Motorola on Friday, alleging Motorola's smartphones running Google's Android platform violate Microsoft patents. The suit represents the latest patent battle involving Android.

Horacio Gutierrez, corporate vice president and Microsoft's deputy general counsel of intellectual property and licensing, said the patents relate to core functionalities of Motorola's Android phones, including synchronizing email, calendars and contacts, scheduling meetings and notifying applications of changes in signal strength and battery power. Microsoft is seeking unspecified monetary damages and a permanent injunction on allegedly infringing Motorola products.

Motorola said it will "vigorously defend itself" against the charges.

"We are disappointed that Microsoft prefers to compete over old patents rather than new products," a Google spokesman told the Wall Street Journal. "While we are not a party to this lawsuit, we stand behind the Android platform and the partners who have helped us to develop it."

The suit is notable as Microsoft is preparing to introduce phones running its new Windows Phone 7 platform--which will compete against Android phones. Motorola, once a strong supporter of Microsoft's previous Windows Mobile platform, has thrown its support fully into the Android camp. According to research firm Gartner, Android had 17.2 percent of the smartphone market in the second quarter, and Apple's (NASDAQ:AAPL) iOS had 14.2 percent. Windows Mobile captured 5 percent of the market, down from 9.3 percent in the second quarter of 2009.



Maine Homeowners Bring Class Action Against GMAC
Court Watch | 2010/10/04 05:06

Five Maine residents have filed a complaint against GMAC Mortgage LLC on behalf of themselves and a class of Maine homeowners, alleging that the company systematically files false certifications that it has a right to foreclose, and false affidavits when asking courts to enter foreclosure judgments.

The suit comes after a court in Maine sanctioned GMAC for its flawed foreclosure process, according to the Center for Responsible Lending. Maine District Court Judge Keith Powers, in a Sept. 24 ruling, chided GMAC for its "high volume and careless approach" to affidavit signing, Reuters reports.

The Maine residents are represented by Andrea Bopp Stark from the Molleur Law Office in Biddeford, Maine; Thomas Cox, coordinator of Maine Attorneys Saving Homes in Portland; the National Consumer Law Center and the Center for Responsible Lending.




Nvidia settles Bumpgate class action lawsuit
Intellectual Property | 2010/10/04 04:09

Nvidia has reached a settlement in the class action lawsuit that was brought against it by owners of laptops affected by Bumpgate.

The dodgy engineering in a number of the firm's mobile Geforce processors resulted in Nvidia forking out $200 million to replace chips all over the world. Now it has reached a settlement in a class action lawsuit brought by owners of laptops that were brought down by Bumpgate chips. This chould mean more financial pain for the Green Goblin, given that Bumpgate affected just about all of the largest laptop manufacturers including Dell, HP and Apple.

Nvidia and the plaintiffs reached a settlement on 12 August, when the firm said, "Nvidia has denied, and continues to deny, all allegations of wrongdoing or liability whatsoever" and is only agreeing to the settlement "solely because it will eliminate burden, expense, management distraction and uncertainties of further litigation."

What it has agreed to do is pay $13 million for the plaintiffs' legal fees, deposit $2 million into a reimbursement fund in an interest bearing bank account, and undertake a programme of chip replacement remedy, or basically replace any faulty GPUs.



Class Claims MetLife Did Them Wrong
Corporate Governance | 2010/10/04 03:07
MetLife Insurance defrauded investors, including elderly people, by guaranteeing them 9 to 12 to percent annual returns on real estate investments, a class action claims in Superior Court. Also sued were New England Life Insurance, two of its wholly owned subsidiaries, and Tony Russon and Russon Financial Services, of Woodland, Calif., who was, or held himself out as, a MetLife regional manager.
   
Named plaintiffs Lawrence Cantor and Larry Stilley say they invested $1.95 million with "an authorized 'agent' with Met Life," who used it to enter contracts with nonparty Diversified Lending Group (DLG). The "funds invested in DLG contracts were ultimately not repaid," the men say.
   
According to the complaint, the SEC sued DLG and Bruce Friedman in Federal Court, accusing them of selling $216 million in securities to investors, many of them elderly. The SEC says the defendants diverted "a substantial amount" of the money to Friedman's businesses unrelated to real estate or mortgage lending, and that Friedman snitched "a minimum of $17 million to support his lavish lifestyle, including purchases of a luxury home, cars, vacations, jewelry and designer clothing and accessories," and that he grabbed $275,000 "for the personal use of his girlfriend."
   
Friedman consented to judgment, then fled to France, where he was arrested and is awaiting extradition, according to the complaint.


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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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