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Law Offices of Howard G. Smith Announces Class Action Lawsuit
Class Action | 2012/03/19 09:48
Law Offices of Howard G. Smith announces that a class action lawsuit has been filed in the United States District Court for the District of Arizona on behalf of all persons or entities who purchased the securities of First Solar Inc. between April 30, 2008 and February 28, 2012, inclusive (the “Class Period”), seeking to pursue remedies under the Securities Exchange Act of 1934.

First Solar engages in the design, manufacture and sale of thin-film semiconductor solar modules and photovoltaic solar power systems in the United States and internationally. The Complaint alleges that defendants issued false and misleading statements and/or failed to disclose material adverse facts about the Company's business, operations and prospects. Specifically, Defendants misrepresented or failed to disclose: (1) the full impact of certain solar module manufacturing flaws on the Company’s earnings; (2) that the Company was improperly recognizing revenue concerning certain products in its systems business; (3) that the Company lacked adequate internal and financial controls; and (4), as a result of the foregoing, that the Company's statements were materially false and misleading at all relevant times.

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 First Solar securities between March 31, 2011 and February 6, 2012, you have certain rights, and have until May 14, 2012 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, or by email to howardsmith@howardsmithlaw.com, or visit our website at http://www.howardsmithlaw.com.



US appeals court backs graphic cigarette labels
Court Watch | 2012/03/18 09:49
A federal appeals court has upheld a law requiring new, bigger graphic warning labels on cigarette packs.

The lawsuit was filed in Kentucky. It's one of two suits by tobacco companies against the federal rules that would make them slap large images on cigarette packs depicting the health ravages of smoking.

The other case has so far resulted in a federal judge in Washington blocking the new requirement, arguing last month it violated free speech. That decision is being appealed by the government.

But on Monday, an appeals court in Ohio ruled 2-1 to uphold parts of the Family Smoking Prevention and Tobacco Control Act, which also restricts how tobacco products may be marketed.

A lawyer for N.C.-based R.J. Reynolds Tobacco Company did not immediately return a request for comment.



Court allows Edwards to hire mistress's lawyers
Breaking Legal News | 2012/03/16 10:01
Former presidential candidate John Edwards got his wish Thursday and is changing his defense team ahead of his criminal trial on charges of campaign finance violations, hiring the same attorneys who once helped his mistress in a lawsuit over the couple's alleged sex tape.

The former U.S. senator from North Carolina testified under oath that he understood a jury might puzzle over the fact that lawyers Alan Duncan and Allison Van Laningham would be representing him after previously representing his mistress, Rielle Hunter.

Edwards faces charges that he broke federal campaign finance laws, allegedly using nearly $1 million from two wealthy donors to hide the pregnant mistress and prevent a scandal from erupting as he campaigned for the White House in 2008. He has pleaded not guilty.

U.S. District Court Judge Catherine C. Eagles told Edwards that shaking up his defense team was likely causing him stress, something the former senator's doctor said in a private letter to the judge Edwards should avoid to protect his health. The judge asked Edwards whether he was taking any narcotics or other medications that might fog his judgment before trial.


Glancy Binkow & Goldberg LLP Announces Class Action
Class Action | 2012/03/15 09:14
Glancy Binkow & Goldberg LLP announces that a class action lawsuit has been filed in the United States District Court for the Southern District of New York on behalf of all persons or entities who purchased the common stock of Nevsun Resources Ltd. between March 31, 2011 and February 6, 2012, inclusive, seeking to pursue remedies under the Securities Exchange Act of 1934. Nevsun, together with its subsidiaries, engages in the acquisition, exploration, development and production of mineral properties, including the Bisha Property, a gold, copper, silver and zinc mine in Eritrea, Africa.

The Complaint alleges that defendants issued materially false and misleading statements and failed to disclose that: (i) Nevsun’s mining activities at the Bisha mine produced a material amount of waste rock, rather than gold ore; (ii) the amounts of gold and gold ore recovered from the Bisha mine were materially less than estimated by the Company's reserve estimate, a situation which defendants knew or had reason to know based on data routinely collected throughout the Class Period from the Bisha mine; (iii) Nevsun was progressing through the ore body at the Bisha mine much more quickly than planned, in order to maintain gold production at a rate that would not reveal to investors that the amount of gold was materially less than the Company’s estimate; (iv) the Company was aware that its resource model was materially defective because the actual amounts of gold mined at Bisha did not reconcile with the Company's reserve estimate previously disseminated to the investing public; and (v), Nevsun materially overstated its gold reserves at the Bisha mine.

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 Nevsun common stock between March 31, 2011 and February 6, 2012, you have certain rights, and have 60 days from March 13, 2012 to move for lead plaintiff status. To be a member of the class you need not take any action at this time; you may retain counsel of your choice or take no action and remain an absent class member.

www.glancylaw.com.


Florida CVS stores' suspension put on hold
Breaking Legal News | 2012/03/15 09:14
A federal appeals court has put on hold the suspension of two Florida CVS pharmacies that would have prevented them from selling controlled substances.

The court on Wednesday stopped the suspension while it considers an appeal from the stores. The Drug Enforcement Administration had issued the suspension because of alleged lax enforcement of restrictions on a powerful painkiller.

The DEA says the pharmacies were dispensing the painkiller oxycodone far in excess of legitimate needs. CVS says it has taken steps to reduce the prescriptions.

On Tuesday, a federal judge denied the CVS stores' request for a preliminary injunction in the case, but the stores immediately appealed.

The appeals court has already put on hold DEA's suspension of Cardinal Health's Lakeland, Fla.-based center that supplied the stores.



New York Securities Industry Litigation Law Firm
Law Center | 2012/03/14 10:19
We have an extensive track record of successful engagements that can be matched by few firms of our size. With a dedicated focus on the financial services arena, we represent broker-dealers, registered representatives and other industry participants in a broad spectrum of securities disputes in court and in FINRA arbitration. Our principal attorney has handled approximately 200 FINRA arbitrations and has a lengthy record of success in those matters that have been tried to verdict.

Securities Litigation and Arbitration

Our clients have entrusted us to litigate sales practice disputes of virtually every type, encompassing a wide variety of products. As a small law firm, we are free from the conflicts faced by many larger law firms. This flexibility enables us to represent investors with substantial claims, along with claims in which one broker-dealer is adverse to another. Our founding partner is a certified arbitrator for FINRA and the NFA and formerly served as in-house counsel for an NYSE-member broker-dealer. This in-the-trenches experience provides unique insight to our advocacy.

Herskovits Law is a New York based law firm and has expertise in defending clients facing allegations of market manipulation and assorted FINRA rule violations. Their experience consistently guides their approach to successfully help fight for the rights of the victims of industry allegations.



Ohioan to plead guilty to defrauding fellow Amish
Court Watch | 2012/03/14 10:19
An Ohio man will plead guilty in federal court to defrauding fellow Amish in 29 states out of nearly $17 million as part of a case the man's church had hoped to shield from publicity and outside involvement, the government said Tuesday.

The attorney for Monroe L. Beachy, 77, owner of A&M Investments in Sugarcreek, filed a recent notice informing federal court of his "intention to plead guilty as charged."

U.S. attorney's spokesman Mike Tobin confirmed the pending guilty plea. Beachy declined to comment Thursday, and his attorney didn't immediately return a message seeking comment.

Beachy is accused in an indictment of promising investors safe securities but moving money to riskier investments. According to the indictment, nearly 2,700 people and entities, including an Amish community loan fund, lost about $16.8 million since 2006.

The investments directed by Beachy "were not the 'safe' investments as reported to his clients or investors," the indictment said.

Beachy, bearded with a shock of white hair, is a member of an Amish church near Sugarcreek.

He is charged with one count of mail fraud, punishable by up to 20 years in prison. Prosecutors stopped short of saying whether Beachy had personally profited or just made bad investments but noted he had made a living for years offering investor services to the Amish.



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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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