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U.S. Fed pumps $3.5 bln into financial market
Business | 2007/08/20 11:44
The U.S. Federal Reserve on Monday pumped 3.5 billion dollars into the financial system to help beat back a widening credit crisis. The injection was announced by the Federal Reserve Bank of New York, which handles such operations for the Fed. Since Aug. 9, the Fed has injected a total of 97.5 billion dollars into the financial markets to ease tightening credit stemming from the troubles in the U.S. subprime mortgage market, which offers loans to people with lower credit and income.

On Friday, the U.S. central bank approved a half-percentage point cut in its discount rate on loans to banks to "promote the restoration of orderly conditions in financial markets."

The decision means the discount rate, the interest rate that the Fed charges to make direct loans to banks, will be lowered to 5.75 percent from 6.25 percent.

But the Fed did not change its target for the more important federal funds rate, the interest commercial banks charge each other on overnight loans. The benchmark interest rate has remained at 5.25 percent for more than a year.

In the statement announcing the interest rate cut, the Fed said it "is monitoring the situation and is prepared to act as needed to mitigate the adverse effects on the economy arising from the disruptions in financial markets."     



Researcher Asks Supreme Court for Help
Legal Business | 2007/08/20 10:50

A cancer researcher is asking the Supreme Court to block a decision handing ownership of thousands of blood and tissue samples to a university. Dr. William Catalona spearheaded creation of a repository of more than 3,500 prostate tissue samples and 100,000 blood samples during a 27-year career at Washington University in St. Louis.

In 2003, Catalona became director of the Clinical Prostate Cancer Program at Northwestern University in Chicago, asking participants in former research efforts that he oversaw at Washington University if they would consent to transferring their tissue to Northwestern.

Donors of 4,000 tissue samples agreed to the transfer, but Washington University sued to keep the samples there, and won rulings from a U.S. District Court judge and the 8th U.S. Circuit Court of Appeals.

In papers filed with the U.S. Supreme Court, Catalona says he and the research participants could suffer irreparable harm if the appeals court decision is allowed to go into effect.

Washington University could use the tissue in studies the patients would find objectionable, or publish research results in a way that could identify the patients, Catalona's lawyers argued, raising the possibility that participants or their family members might be denied health, life or disability insurance.

In June, Dr. Larry Shapiro, dean of Washington University's School of Medicine, called the appeals court decision a precedent that assures the right of research institutions to use repositories without fear they will be taken or disrupted.

A dozen major research universities, as well as the American Cancer Society and associations of medical colleges and universities, had filed briefs supporting Washington University.

Catalona's lawyers asked Justice Samuel Alito to delay the appeals court decision until the full Supreme Court decides whether it will review the case.



Skype Outage Raises VoIP Reliability Issues
Venture Business News | 2007/08/20 10:40

IDC analyst Rebecca Swensen said the Skype outage -- traced to Microsoft's set of Windows updates rolled out last week -- serves as a reminder that the reliability of VoIP is not the same as traditional telephone networks, but she pointed out that, historically, Skype's network has been reliable, and said that the reliability of VoIP is improving.

Skype said that the disruption of its service that occurred globally last week had been triggered by a massive rebooting of Windows computers around the world, and that no malicious activities or security  issues had been involved.

The high number of restarts, which occurred as the Windows computers rebooted after receiving a routine set of patches through Windows Update, "affected Skype's network resources," wrote Skype spokesperson Villu Arak on Monday morning. The reboot unleashed a flood of log-in requests, which -- when combined with the lack of existing peer-to-peer network resources because of the rebooting -- "prompted a chain reaction that had a critical impact."

Normally Skype's peer-to-peer network has an inbuilt ability to self-heal, Arak observed. However, last week's interruption of service "revealed a previously unseen software bug within the network resource allocation algorithm which prevented the self-healing function from working quickly," he explained.



Comcast Wins Legal Battle With Direct T.V.
Breaking Legal News | 2007/08/20 10:05
A legal battle between Comcast Corp. and the DirecTV Group in Los Angeles ended in DirecTV having to stop attacking Comcast in its ads.

The two companies charged each other with false advertising, but Comcast won out last week when U.S. District Judge John Grady told DirecTV it can't cite false studies claiming its High definition product is better than Comcast's, said The Hollywood Reporter Sunday.

DirecTV was using "favorable results" from a TNS survey in recent ads, though the judge said the survey compared a DirecTV digital signal to an analog signal from Comcast.

Another ad cited a survey from Alliance Consulting Group of professional home-theater installers that claimed they preferred the picture quality of DirecTV over cable, though the judge deemed that one unfair, as well.

Grady's ruling said DirecTV must "immediately cease and refrain in any territory in which Comcast provides cable television" advertising any claims stemming from the TNS or Alliance Consulting Group surveys.


Whole Foods Takeover of Wild Oats on Hold
Court Watch | 2007/08/20 10:01
A federal appeals court said Monday it needs more time to consider whether to block Whole Foods Market Inc. (WFMI) from buying Wild Oats Markets Inc. (OATS).

The U.S. Court of Appeals for the D.C. Circuit temporarily put the deal on hold until it can hear more arguments although the three-judge panel said the decision "should not be construed in any way as a ruling on the merits" of the case.

The Federal Trade Commission on Friday asked the court to stay a decision Thursday by U.S. District Judge Paul L. Friedman that allowed the transaction to proceed. The agency wants to block the deal on antitrust grounds.

The panel ordered the FTC to explain by Wednesday afternoon why it appealed. Whole Foods will have until Thursday to respond. The accelerated schedule suggests the court plans to move quickly.

Whole Foods is blocked "from taking any further steps to acquire the stocks, assets or any other interest" in Wild Oats until the judges issue a further ruling.

Shares of Whole Foods fell $1.15, or 2.6%, to $43.19 Monday, while shares of Wild Oats fell 7 cents to $17.85.


AT&T Class Action Suit to Proceed
Class Action | 2007/08/20 09:59
A lawsuit alleging that AT&T's mobile phone customers received inferior service after the company's wireless division was sold to Cingular Wireless can proceed as a class action, a federal appeals court ruling, quoted by an Associated Press report said.

The Associated Press report said at issue was a clause in old Cingular contracts that forced customers to litigate their grievances independently, instead of grouping together for a class action lawsuit.

A three-judge panel in the 9th U.S. Circuit Court of Appeals ruled that the contract was a violation of California law.

The ruling is further condemnation of so-called "class action waivers," which other courts have ruled illegally shield companies engaged in potentially harmful conduct, the report said.

The court took a "clear position protecting consumers and their right to pursue class action relief," Bill Weinstein, one of the plaintiffs' lawyers, was quoted by the report as saying.

The case was filed as a national class action lawsuit in 2006 by Kennith Shroyer of Porterville, California, the report said.

Shroyer had switched his AT&T cell phone accounts to Cingular after Atlanta-based Cingular's $41 billion acquisition of AT&T Wireless Services in October 2004.

Shroyer claimed Cingular let AT&T's service deteriorate in a scheme to force AT&T customers to switch to Cingular under less favorable contract terms.

The US District Court for the Central District of California ordered the case into individual arbitration last year because of the class action waiver in Shroyer's contract, the report added.

The company said the ruling is based on language in an old contract, but didn't provide details as to how its new contracts differed.


Granholm appoints 2 judges to Michigan appeals court
Politics | 2007/08/20 04:56
Gov. Jennifer Granholm on Monday appointed two new judges to the 28-member Michigan Court of Appeals. Elizabeth L. Gleicher, of Pleasant Ridge, will replace Judge Jessica Cooper, who stepped down to start a private practice. Jane M. Beckering, of Grand Rapids, will replace Judge Janet Neff, who recently was appointed to the U.S. District Court in western Michigan. Gleicher, 52, most recently was an attorney in private practice after four years as owner and partner of a Royal Oak law firm.

She is a member of the Board of Visitors for Wayne State University Law School, where she once served as an adjunct faculty member. Gleicher earned her law degree from Wayne State University and got her bachelor's degree from Carleton College in Minnesota. Her term will expire Jan. 1, 2009.

Beckering, 42, most recently served as an attorney with Buchanan & Beckering, PLLC law firm and as a mediator for the Kent County Circuit Court. She earned her law degree from the University of Wisconsin and received her bachelor's degree from the University of Michigan.

Last year, Beckering ran unsuccessfully as a Democratic nominee in the Michigan Supreme Court election. Her term will expire Jan. 1, 2009.

Granholm, a Democrat, has appointed five judges to the appeals bench since taking office in 2003.

Michigan Supreme Court Chief Justice Clifford Taylor has said within recent months that four of the 28 appeals judgeships can be cut to save money during the state's budget crisis. But Granholm was unlikely to agree to limit her ability to replace vacancies on the appeals court, which former Republican Gov. John Engler filled with conservative-leaning appointees.



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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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