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Bay City Rollers sue for music royalties
Intellectual Property | 2007/03/21 08:40

The Bay City Rollers, a popular Scottish pop group that topped music charts in the 1970s, have accused Arista Records in a lawsuit of failing to pass along millions of dollars in royalties over the past 25 years.

The federal lawsuit seeks unspecified damages on behalf of six band members, including bassist Alan Longmuir and drummer Derek Longmuir, the brothers who started the group in Edinburgh in 1967.

The band says in the lawsuit, filed Tuesday, that Arista owes it royalties on millions of dollars. That was money generated by selling albums, compact discs, multimedia licenses and merchandise, along with rights to commercials, movies and even telephone ring tones.

The band says in the lawsuit that Arista has taken the position that it has held royalties from the band members until it receives clear instructions from them as to how the money should be distributed.

The lawsuit says a payment of $254,392 in September 1997 was the only one made to the band, well short of the millions of dollars the band believes it is owed.

"Arista's claim over the last 25 years that it does not know who to pay is and always has been a pretext intended to deprive the Rollers of the royalties to which they are entitled," the lawsuit says.

A telephone message left with a lawyer for Arista was not immediately returned Tuesday.

The band, first known as the Saxons, sought a less English-sounding name and found it after throwing a dart that landed on a map near Bay City, Mich., the lawsuit says.

In the United States, the group scored a No. 1 hit with "Saturday Night" and rose high on the charts with "Money Honey," "You Made Me Believe in Magic" and "I Only Want to Be With You" before breaking up in 1981.



Judge Throws Out Defamation Suit Against Google
Breaking Legal News | 2007/03/21 08:39

A U.S. judge has thrown out a lawsuit challenging the fairness of how Web search leader Google Inc. calculates the popularity of Web sites in determining search results, court papers show.

In a ruling issued Friday that came to light Tuesday, Judge Jeremy Fogel of the U.S. District Court for the Northern District of California dismissed a lawsuit against Google by parenting information site KinderStart.

The judge also imposed yet-to-be-determined sanctions on KinderStart legal counsel Gregory Yu for making unsupported allegations against Google.

KinderStart sued Google in March 2006 alleging the Mountain View, California-based Internet company had defamed the site by cutting it from its Web search ranking system.

The Norwalk, Connecticut-based company, which features links to information about raising children, accused Google of violations of antitrust, free speech, unfair competition and defamation and libel laws.

In its suit, the company argued its site's sudden demotion in March 2005 to a "zero" ranking in Google's search system had severely harmed its business.

KinderStart had sought class action status on behalf of what is said were many other sites that suffered the same fate as Google fine-tunes Web site rankings in search results.

"KinderStart had failed to explain how Google caused injury to it by a provably false statement ... as distinguished from an unfavorable opinion about KinderStart.com's importance," the judge's ruling states.

In addition, the judge said the plaintiff's counsel should have removed allegations that Google discriminated against or manipulated its Web search rankings after the judge ordered the lawyer to do so in an interim ruling.

"While Yu has brought a novel challenge to a major corporation, it is apparent that to some extent he has overreached in doing so," Fogel said. "Yu had a professional responsibility to refrain from filing such allegations if he did not have appropriate supporting evidence."

The judge granted Google the right to seek attorneys fees for the costs of defending against these specific charges. Both sides have 14 days to file motions before the judge determines monetary damages against Yu.

Yu is with the firm Global Law Group of San Mateo.

"All options are being explored. That's all that we are going to say at this point," he told Reuters, but declined to describe his plans further.

A Google attorney said the company felt vindicated.

"We always felt these claims were unjustified, because courts have consistently rejected complaints over search engine rankings, so we're pleased that Judge Fogel promptly dismissed this case," Google litigation counsel Hilary Ware said in a company statement.



Navy refuses sonar details in whale lawsuit
Environmental | 2007/03/21 08:33

The US Navy on Tuesday played its "state secrets" joker in ongoing attempts to resist a whale-saving lawsuit by an environmental group.

The group bringing the lawsuit, the Natural Resources Defence Council (NRDC), believes high-powered naval sonar can distress, injure, or kill whales and dolphins. It is also suggested that active sonar pulses can disorient cetaceans and cause them to become stranded or lost.

Secretary for the Navy Donald Winter said in a court filing that the plaintiffs' requests for disclosure, if complied with, "could reasonably be expected to cause exceptionally grave damage to national security".

According to the Navy, the conservationists had requested information on the latitude, longitude, time and date, duration, and name of the exercise for every non-combat use of military sonar by the US Navy anywhere in the world.

The NRDC describes itself as "the US nation's most effective environmental action organisation", and it doesn't intend to let the navy get away with the state secrets ploy.



Making a list of reasons for firing US attorneys
Law Center | 2007/03/21 00:36

Senior Justice Department officials began drafting memos this month listing specific reasons why they had fired eight U.S. attorneys, intending to cite performance problems such as insubordination, leadership failures and other missteps if needed to convince angry congressional Democrats that the terminations were justified.

The memos, organized as charts with entries for each of the federal prosecutors and labeled "for internal DOJ use only," offer new details about disputes over policy, priorities and management styles between the department and several of its U.S. attorneys.

The prosecutors' shortcomings also were listed in a talking-points memo, indicating the willingness of the Justice Department to make public what are normally confidential personnel matters in order to counter its critics.

Justice Department officials hoped that documenting specific reasons for terminating the prosecutors would satisfy demands for more information after Atty. Gen. Alberto R. Gonzales and his deputy, Paul J. McNulty, described the dismissals as vaguely "performance-related."

According to the charts, as well as e-mails and other documents made public Monday and Tuesday, Carol C. Lam in San Diego was dismissed for not prosecuting more firearms and border smuggling cases, and for repeatedly missing deadlines.

David C. Iglesias in Albuquerque traveled so much he was considered an "absentee landlord."

In San Francisco, where Kevin Ryan was fired, "the office has become the most fractured office in the nation, morale has fallen to the point that it is harming our prosecutorial efforts and [Ryan] has lost the confidence of many of the career prosecutors who are leaving the office."

The justification was equally sweeping for Paul Charlton in Phoenix: "Repeated instances of insubordination, actions taken contrary to instructions, and actions that were clearly unauthorized."

As for Margaret M. Chiara in Grand Rapids, Mich., the memo advised saying nothing about her dismissal because she had not made public statements in her defense. But the memo also said that "if pushed," the department should say morale in her office was low and that Chiara had lost the support of her staff.

The documents show that in a separate chain of e-mails, former White House Counsel Harriet E. Miers mused in November, a month before the firings, about whether President Bush should be briefed about the terminations.



Anti-Clinton Web Ad Draws Attention
Politics | 2007/03/21 00:35

The mysterious Internet video that compares Sen. Hillary Rodham Clinton to Big Brother is the boffo hit of the YouTube Web site. The 74-second clip, a copy of a 1984 Apple ad for its Macintosh computer, has recorded more than 1 million views, with an enormous surge in the past two days. While the video's final image reads "BarackObama.com," the campaign of the Illinois senator has denied being behind it.

Its creator remained anonymous.

But for political strategists, ad experts, even journalists, the ad presents a series of other fundamental unknowns.

- How will Web content outside the control of campaigns affect voters?

- How should campaigns react to anonymous but highly viewed attacks?

- When is Web content, no matter how provocative, newsworthy?

As the Internet looks more and more like an electronic community, politicians are increasingly devoting resources to their Web sites, planting themselves in electronic gathering places such as Facebook.com and MySpace.com and posting their videos on YouTube.

With some exceptions, however, what draws viewers is content that politicians don't control. A video clip of former Sen. John Edwards combing his hair to the dubbed-in tune of "I Feel Pretty" has drawn more than 150,000 views. A clip of Clinton singing a slightly off-key version of the Star-Spangled Banner has drawn more than 1 million views.

What's more, Internet content does not have to meet the strict reporting standards that television and radio ads must observe. That makes the Web the medium of choice for stealthy tactics by partisans operating outside the campaigns.

For candidates caught in the crosshairs, one way to respond is to brush it off, preferably with humor.

Asked about the Macintosh video on Tuesday, Clinton said: "I'm just happy if it's taking attention away from my singing. My singing was bad enough. I'm just happy that nobody is tuning in to that."



$40 Billion Class Action Enron Suit Blocked
Breaking Legal News | 2007/03/20 17:28

The US Fifth Circuit Court of Appeals withdrew class action status Tuesday from Enron shareholders who filed a shareholder derivative lawsuit in October 2001. US District Judge Melinda Harmon certified the class in June 2006, but defendants Merrill Lynch and Credit Suisse Group appealed to the Fifth Circuit, alleging the certification should be thrown out because it allows Merrill Lynch and Credit Suisse to be held liable for actions taken by other defendants even though they had no actual knowledge of those actions.

The Fifth Circuit held that a class action lawsuit was not the appropriate vehicle to sue the banks, thereby forcing investors to file individual lawsuits. Although this effectively ends the shareholder's ability to allege that Merrill Lynch and Credit Suisse were primary participants in fraud, the lead plaintiff in the case, the University of California Board of Regents, has already negotiated settlements with Lehman Brothers, Bank of America, Citigroup, JP Morgan Chase, and CIBC, for a total of over $7 billion in recovery.

Harmon denied a motion in February, filed by defendants Merrill Lynch and Credit Suisse, to delay the trial pending the outcome of the certification appeal to the Fifth Circuit. The case is still scheduled to resume on April 16. In January, Harmon dismissed seven defendants from the class action suit, including late ex-Enron CEO Ken Lay. Lay, convicted in May of fraud and conspiracy charges for providing investors with false and misleading financial information from 1999 up until Enron filed bankruptcy in late 2001, died suddenly of a heart attack in July.



Oracle's Acquisitions Boost Profits
Mergers & Acquisitions | 2007/03/20 15:07

Oracle shares surged ahead in after-hours trading on Tuesday after the software company reported a 35% jump in third-quarter profits, boosted by its new portfolio of acquisitions and licensing deals.

Oracle (nasdaq: ORCL - news - people ) said strong sales of its applications, which helps businesses maximize efficiency and manage finances, raised earnings for the period that ended Feb.28, to $1.03 billion, or 20 cents per share, from $765 million, or 14 cents per share, for the corresponding period a year ago. On the continuing operations basis, Oracle reported 25 cents per share, solidly beating the Street consensus of 23 cents a share and the company’s December guidance.

The software maker’s shares were up 2.74%, 48 cents, to $18.03 during after-market trading on Tuesday.

After a lackluster second quarter, Oracle managed to secure a slew of new licensing contracts as consumers warmed up to the company’s acquisition strategy.

“There was a lot of consumers on the fence,” said Trip Chowdry, a software analyst for Global Equities Research, in an interview. “They wondered, 'Is Oracle putting enough muscle behind their acquisitions?' Clearly, Oracle has done a strong outreach program to alleviate consumer concerns.”

In a controversial shift in strategy, founder and chief executive officer, Larry Ellison started to gobble up boutique software outfits a few years ago. In three years, Oracle has acquired some 30 companies and put over $23 billion on the line. While it is the reigning database software maker, it is eager to grab market share from SAP (nyse: SAP - news - people ), the top business applications provider.



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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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