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Philip Morris Takes Case to Supreme Court
Breaking Legal News |
2010/02/19 09:59
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Cigarette maker Philip Morris, a unit of Altria Group Inc., asked the U.S. Supreme Court to overturn a landmark ruling that found the tobacco industry violated federal racketeering laws for deceiving the public about the dangers of smoking. The U.S. Court of Appeals for the District of Columbia Circuit last year affirmed most remedies that a trial judge imposed against tobacco companies in 2006, which included restrictions on tobacco marketing and a requirement that the industry make corrective public statements about the health effects and addictiveness of smoking. The appeals court ruled unanimously that there was ample evidence to conclude that the tobacco industry intended to deceive the public about the dangers of smoking. The court also said the government had adequately proved that the tobacco industry was likely to commit future violations of the Racketeer Influenced and Corrupt Organizations Act, or RICO, unless restrictions were imposed. Philip Morris, whose top brand is Marlboro, said the government is perverting the understanding of the racketeering law. "Absent further review, the government will henceforth be free to pervert RICO into a device for evading the legislative process, penalizing and chilling public debate on scientific matters, and constraining constitutionally protected speech through vague and sweeping injunctions," Philip Morris said in its appeal. Other companies targeted by the government include Camel-cigarette maker R.J. Reynolds, a unit of Reynolds American Inc., and Lorillard Inc. They are expected to file appeals to the Supreme Court. |
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Hawaii county sues Merrill Lynch in federal court
Breaking Legal News |
2010/02/18 14:50
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Maui County is suing Merrill Lynch, Pierce, Fenner & Smith Inc. in federal court over access to $32 million invested in student-loan auction-rate securities, county officials announced Wednesday. The county purchased securities from Merrill Lynch with the understanding they were safe, short-term, liquid investments, the officials said. "The County of Maui was told that the investments could be easily accessed, just like cash," said Maui Mayor Charmaine Tavares. "Assurances by Merrill Lynch at the time of the investment turned out to be false, and we are seeking justice for the taxpayers of Maui County." Merrill Lynch spokesman Bill Halldin defended the company. "We acted appropriately, made relevant disclosures to the county concerning auction rate securities, and intend to vigorously defend ourselves," he said. County officials said about $44 million in student-loan auction-rate securities (SLARS) were purchased through Merrill Lynch between Aug. 16, 2007, and Jan. 16, 2008, and today, the county owns $32 million of the securities that are not liquid. "Maui County seeks to recover its money," said Joachim Cox of Goodsill Anderson Quinn & Stifel LLP, special counsel for the county.
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Freedom asks court to OK sale of Ariz. newspapers
Breaking Legal News |
2010/02/17 09:22
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Freedom Communications asked a bankruptcy judge on Tuesday to approve the sale of the East Valley Tribune and several other Phoenix-area publications for about $2 million. Irvine, Calif.-based Freedom Communications Holdings Inc. put the Tribune up for sale shortly after it filed for bankruptcy protection in September. The company said it planned to close the paper Dec. 31 if no buyer emerged and estimated that shutting it down would cost $1.5 million. Thirteenth Street Media, a Boulder, Colo.-based company owned by Randy Miller, made an offer for the Tribune in November. Miller expanded his bid in January to include the Daily News-Sun in Sun City, the Ahwatukee Foothills News, Glendale/Peoria Today, Surprise Today, and the Clipper direct-mail coupon magazine. Because Freedom is under bankruptcy protection, a judge must approve the sale, which is contingent on no better offers being made. The motion filed in U.S. Bankruptcy Court in Delaware said Freedom would accept offers until March 5. Freedom will continue to publish the papers pending court approval of the sale. Freedom will remain the owner of its other paper in Arizona, The Sun in Yuma.
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Smith & Nephew Wins $4.7 Million in Arthrex Trial
Breaking Legal News |
2010/02/16 08:47
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Smith & Nephew Plc, Europe’s largest maker of shoulder and knee implants, was awarded $4.7 million in a patent-infringement trial against smaller rival Arthrex Inc. over a device to fix a graft to a bone. Arthrex said in a statement it will appeal the Feb. 12 jury decision and is “confident the verdict will be overturned on appeal.” It said it doesn’t expect the verdict will interrupt sales of its RetroButton ACL graft fixation product. Smith & Nephew said it will seek a court order to halt sales of some devices. The dispute is over the attachment of the grafts used to replace the anterior cruciate ligament, or ACL, in the knee that connects the femur bone in the thigh with the tibia bone in the shin. It’s one of the most commonly injured ligaments during athletic activity. The grafts are ligaments taken from other parts of the body, typically the hamstring, patella or Achilles region, said Smith & Nephew spokesman Joe Metzger. “Smith & Nephew has a long and proud history of providing medical devices that help surgeons to deliver positive patient outcomes,” Mike Frazzette, president of Smith & Nephew Endoscopy, said in a statement. “As a result, we will vigorously protect our intellectual property rights against Arthrex and other companies that infringe our patents.”
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Associates promoted to partners at law firm
Breaking Legal News |
2010/02/16 03:49
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Commercial law firm Carson McDowell has promoted four associates to partners of the firm, reflecting the growth of the business. The firm, which has over 100 people working in its Belfast office, made Emma Cooper a partner in its property practice, Stuart Murphy a partner in construction, Dawn McKnight a partner in corporate and commerical and Leigh Linton a partner in litigation. Senior partner Alan Reilly said “These promotions reflect the growth which we are still experiencing within the firm.
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Law firm employee indicted in embezzling
Breaking Legal News |
2010/02/12 02:43
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A grand jury has indicted a Salisbury woman for embezzling more than $140,000 from a local attorney. The Rowan County grand jury meeting Monday indicted Kimberly "Kim" Osborne on the charge of felony embezzlement. The indictment charges that she took $142,414 from James T. Oxendine between Jan. 1, 2007, and Jan. 1, 2008. She was an employee of Oxendine's during that time. Osborne was at the time married to Terry Osborne, currently manager of the Rowan-Kannapolis ABC system. Kim Osborne previously worked for the Clerk of Court's office when Terry Osborne was Rowan County Clerk of Superior Court. Terry Osborne petitioned for a divorce, which was granted in August 2009. Salisbury Police investigated the case, with assistance from the SBI. |
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Ex-Ill. gov. to answer revised corruption charges
Breaking Legal News |
2010/02/10 08:54
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Former Illinois Gov. Rod Blagojevich is heading to court to answer revised charges that he schemed to sell or trade President Barack Obama's old Senate seat and swap official favors for campaign money. Marshals have warned they will not tolerate the kind of swirling crowd at Blagojevich's arraignment Wednesday that swallowed the former governor last time he was in court. Curiosity about Blagojevich is guaranteed to bring out a heavy media contingent, but defense attorney Sheldon Sorosky says the arraignment is likely to be routine — a simple not guilty plea. While the indictment against Blagojevich has been revised, the allegations of misconduct on his part are no different that the ones in the old version.
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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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