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Student bra search case goes to NC Supreme Court
Court Watch | 2012/02/13 10:13
The North Carolina Supreme Court is hearing arguments over whether school officials should be allowed to search students' bras for drugs.

A student at an alternative school sued after students had to untuck their shirts and pull out their bras with their thumbs in front of two men in 2008. The searches were done after the principal at Brunswick County Academy received a tip that pills were being brought into the school.

An appeals court ruled last year the searches were "degrading, demeaning and highly intrusive."

The attorney general's office is representing the school. The office says no skin was shown during the search, and students who are assigned to an alternative school because of disciplinary problems have a lesser expectation of privacy than other students.


The Shuman Law Firm Announces Class Action
Court Watch | 2012/02/13 10:12
The Shuman Law Firm today announced that a lawsuit seeking class action status has been filed in the U.S. District Court for the District of Colorado on behalf of purchasers of the common stock of Molycorp, Inc. between March 9, 2011 and November 10, 2011, inclusive (the “Class Period”).

If you wish to discuss this action or have any questions concerning this notice or your rights and interests with respect to this matter, please contact Kip B. Shuman or Rusty E. Glenn toll free at (866) 974-8626 or email Mr. Shuman at kip@shumanlawfirm.com or Mr. Glenn at rusty@shumanlawfirm.com.

The complaint alleges that Molycorp and certain of its officers and directors violated federal securities laws by issuing materially false and misleading statements regarding the Company's business and prospects. Specifically, it is alleged that the defendants misrepresented and/or failed to disclose the following adverse facts during the Class Period: (a) Molycorp's development and expansion of the Mountain Pass mine was not progressing on schedule and would not allow the company to reach rare earth oxide production rates at the end of calendar 2012 and 2013; and (b) end users had been reducing demand for the company's products as prices for rare earth elements increased.

On November 10, 2011, the Company reported disappointing third quarter 2011 revenues and earnings results below analysts' estimates and announced a reduction in Mountain Pass production guidance for the fourth quarter of 2011 due to expected equipment downtime relating to Mountain Pass engineering and expansion issues. The Company's stock price fell from $38.70 per share on November 10, 2011 to $33.45 per share on November 11, 2011, or approximately 13.6%.

If you purchased Molycorp common stock during the Class Period, you may request that the Court appoint you as lead plaintiff of the class no later than April 3, 2012. A lead plaintiff is a class member that acts on behalf of other class members in directing the litigation.

The Shuman Law Firm represents investors throughout the nation, concentrating its practice in investor rights litigation.


Italian court convicts 2 in asbestos-linked deaths
International | 2012/02/13 05:12
An Italian court Monday convicted two men of negligence in some 2,000 asbestos-related deaths blamed on contamination from a construction company, sentencing each of them to 16 years in prison and ordering them to pay millions in what officials called a historic case.

Italian Health Minister Renato Balduzzi hailed the verdict by the three-judge Turin court as "without exaggeration, truly historic," noting that it came after a long battle for justice.

"It's a great day, but that doesn't mean the battle against asbestos is over," he told Sky TG24 TV, stressing that it is a worldwide problem.

Prosecutors said Jean-Louise de Cartier of Belgium and Stephan Schmidheiny of Switzerland, both key shareholders in the Swiss construction firm Eternit, failed to stop asbestos fibers left over from production of roof coverings and pipes at its northern Italian factories from spreading across the region.

During the trial, which has stretched on since December 2009, some 2,100 deaths or illnesses were blamed on the asbestos fibers, which can cause grave lung problems, including cancer. Prosecutors said the contamination stretched over decades.

The defendants had denied wrongdoing.

Hundreds of people, many of them who had lost parents or spouses to asbestos-linked diseases, crowded the courtroom and two nearby halls to gather for the verdict. When the convictions were announced, some of the spectators wept.

Two hours after announcing the convictions, Judge Giuseppe Casalbore was still reading the court's complete verdict, which included awards of monetary damages from civil lawsuits from some 6,300 victims or their relatives who alleged that loved ones either died or were left ill from asbestos.


Indianapolis Bankruptcy Law Firm - Riley Bennett & Egloff, LLP
Law Center | 2012/02/12 10:13
Creditor’s Rights

The Firm’s creditors’ rights expertise also includes such areas as foreclosures and deeds-in-lieu of foreclosure; appointment of receivers; replevin, garnishment and attachment proceedings, pre-judgment and post-judgment; suits on guaranties, Uniform Commercial Code issues, and other commercial litigation matters.

Debt Relief

Our attorneys help individuals, consumers, business investors and small businesses file for bankruptcy protection under the United States Bankruptcy Code, whether it be a liquidation under Chapter 7 or a reorganization under Chapters 11 or 13. We strive to provide a high degree of service and personal care to each of our clients. Our philosophy is simple: provide competent and high quality bankruptcy services for a reasonable fee.

Riley Bennett & Egloff Law is an Indianapolis based law firm. Their attorneys have substantial experience collecting monies owed to their business clients in Indiana state courts and in federal bankruptcy courts. The firm continues to focus on maximizing their client's recovery in an fast and cost-effective manner. Their goal is to provide high quality services and they have a lengthy record of success to show for it. Visit www.rbelaw.com to see more.


Lehman Brothers sues Citigroup for $2.5B
Breaking Legal News | 2012/02/10 09:27
Lehman Brothers Holdings Inc. and its creditors are suing several units of Citigroup Inc. to recover $2.5 billion the failed investment bank transferred to a backup account at Citi months before seeking bankruptcy court protection.

In the complaint filed on Wednesday with the U.S. Bankruptcy Court for the Southern District of New York, Lehman claims that Citibank is wrongfully withholding the money as a potential source of funds in a dispute over derivative contracts.

Lehman also is asking the court to disallow what it says are $2 billion of "inflated and legally unsupported" claims that Citibank has asserted against it.

In a statement Thursday, Citigroup vowed to defend itself and its right to recover losses from Lehman's collapse. It called the lawsuit unjustified and accused Lehman of trying to renege on its obligations and claw back assets to which it has no right.

According to the lawsuit, Citi demanded on June 12, 2008, that Lehman transfer between $3 billion to $5 billion into an account to cover potential overdrafts by Lehman subsidiaries that were using Citi's clearing and settlement services.



Robbins Geller Rudman & Dowd LLP Files Class Action
Class Action | 2012/02/10 09:27
Robbins Geller Rudman & Dowd LLP today announced that a class action has been commenced in the United States District Court for the Central District of California on behalf of purchasers of the common stock of Powerwave Technologies, Inc. between February 1, 2011 and October 18, 2011, inclusive.

If you wish to serve as lead plaintiff, you must move the Court no later than 60 days from today. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiff’s counsel, Samuel H. Rudman or David A. Rosenfeld of Robbins Geller at 800/449-4900 or 619/231-1058. If you are a member of this class, you can view a copy of the complaint as filed or join this class action online at http://www.rgrdlaw.com/cases/powerwave/. Any member of the putative class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.

The complaint charges Powerwave and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Powerwave engages in the design, manufacture, marketing, and sale of wireless solutions for wireless communications networks worldwide.

The complaint alleges that, during the Class Period, defendants issued materially false and misleading statements regarding the Company’s business and prospects. Specifically, defendants misrepresented and/or failed to disclose the following adverse facts: (i) that the Company was experiencing a dramatic decline in demand from customers in its North American markets; (ii) that the Company was rapidly burning through its free cash flow as revenues declined and expenses increased; and (iii) that, as a result of the foregoing, defendants lacked a reasonable basis for their positive statements about the Company, its operations and earnings.

Robbins Geller, a 180-lawyer firm with offices in San Diego, San Francisco, New York, Boca Raton, Washington, D.C., Philadelphia and Atlanta, is active in major litigations pending in federal and state courts throughout the United States and has taken a leading role in many important actions on behalf of defrauded investors, consumers, and companies, as well as victims of human rights violations.

http://www.rgrdlaw.com



High court asked to undo Mont. campaign money ban
Court Watch | 2012/02/10 04:27
Corporations are asking the Supreme Court to allow them to spend freely to influence upcoming elections in Montana, despite a state high court ruling upholding a ban on independent corporate campaign spending.

Three groups filed papers with Justice Anthony Kennedy on Friday, saying that the Montana court's decision in December is out of step with Kennedy's majority opinion in the 2010 Citizens United case that struck down a federal ban on independent campaign spending.

The American Tradition Partnership and two other groups sued soon after the 2010 decision to overturn Montana's century-old corporate spending ban. But the state Supreme Court said the Montana law could remain in place because it was a response to political corruption and allows for some corporate spending.



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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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