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Ind. court to hear appeal in IBM welfare lawsuit
Class Action |
2013/11/22 09:20
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A panel of three judges will hear Indiana's appeal of a lower court ruling ordering it to pay IBM Corp. $52 million over a failed welfare privatization project.
The Indiana Court of Appeals will take up the matter Monday. Both sides will have 45 minutes to present their cases.
Former Gov. Mitch Daniels outsourced the intake of welfare clients to a team of private contractors led by IBM in 2006. He canceled the 10-year, $1.37 billion contract with Armonk, N.Y.-based IBM in 2009 amid widespread performance complaints from clients, their advocates and federal officials.
The state sued IBM for breach of contract and the company countersued. A Marion County judge ruled last year that neither side deserved to win but awarded IBM $52 million, far less than it was seeking. |
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Calif. analyst pleads guilty in NY insider case
Class Action |
2013/11/08 14:05
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A California financial analyst has pleaded guilty in New York, admitting he provided insider tips to an SAC Capital portfolio manager.
Sandeep Aggarwal admitted Friday that he provided the tips to the SAC employee and others about a blockbuster deal between Microsoft Corp. and Yahoo Inc. Investigators say the information pertained to a secret, pending search engine advertising partnership between the companies.
Aggarwal has pleaded guilty to conspiracy to commit securities fraud and securities fraud in Manhattan in a cooperation deal. The 40-year-old was arrested in July in San Jose, Calif.
Authorities say they had wiretap evidence from 2009.
Aggarwal told a magistrate judge he provided the tips to boost his standing as an analyst. He says he is "extremely sorry." |
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Calif. court: Spanking with wooden spoon not abuse
Class Action |
2013/10/11 10:16
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A state appeals court on Tuesday tossed out child abuse findings against a frustrated Northern California mother who spanked her 12-year-old daughter hard enough with a wooden spoon to cause bruising.
The 6th District Court of Appeal in San Jose reversed the child abuse determination made by the Santa Clara County Department of Social Services. Social workers waned to report Vernica Gonzalez to the state Department of Justice's child abuse database with a "substantiated" abuse determination. That determination was upheld by a trial court judge.
The appeals court said the spanking came close to abuse, but that social workers and the lower court judge failed to consider the family's entire circumstances.
Gonzalez and her husband testified that other forms of punishment such as groundings and taking away her phone had failed to persuade their 12-year-old daughter to do her schoolwork and avoid gang culture. The parents said that other family members had testified that spankings in the household were a rarity.
The appeals court said the mother's growing frustration with her daughter's behavior and her intention not to inflict harm in the April 2010 spanking weighed heavily in its ruling. |
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Judge denies class action for Wal-Mart bias suit
Class Action |
2013/08/03 00:00
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A judge rejected on Friday an attempt to file a class action discrimination lawsuit on behalf of 150,000 Wal-Mart women employees in California who claimed their male colleagues were paid more and promoted faster than them.
The lawsuit filed in San Francisco federal court was a scaled-down version of an initial complaint filed in 2001 that sought to represent 1.6 million women nationwide. But the U.S. Supreme Court tossed out that class action lawsuit in 2011, ruling it found no convincing proof of companywide discrimination on pay and promotion policy. The court also said there were too many women in too many jobs at Wal-Mart to wrap into one lawsuit.
After that setback, the women's lawyers filed smaller class action lawsuits, alleging discrimination occurred in different states and Wal-Mart "regions."
On Friday, U.S. District Judge Charles Breyer ruled the smaller suit on behalf of California women employees was still too disparate and wide ranging to qualify as a class action lawsuit. He also found that the lawyers failed to show statistical and anecdotal evidence of gender bias.
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Court OKs Class-action Suit Over Apartment Leases
Class Action |
2013/06/05 08:50
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An appeals court has certified a class-action lawsuit that seeks to invalidate provisions that are routinely included in apartment leases signed by University of Iowa students.
The Iowa Court of Appeals ruled Thursday that tenants of landlord Tracy Barkalow can have a trial to challenge lease provisions that critics say are illegal and unfairly shift costs and liability from landlords to tenants.
The provisions being challenged include fees that are deducted from security deposits for cleaning regardless of an apartment's condition and requirements that tenants pay for damage in common areas and routine repairs.
The Iowa City Tenants Project, which is representing the plaintiffs, has said the class could include 240 tenants but the case will have a broader reach since those provisions are the ``industry standard.''
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Court denies second hearing on Medi-Cal rate cut
Class Action |
2013/05/25 09:10
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A federal appeals court on Friday denied a second request by California doctors, pharmacists and hospitals seeking to undo the state's 10 percent provider rate cut for treating the poor.
The 9th U.S. Circuit Court of Appeals denied an appeal from medical providers to rehear their case, which allows Gov. Jerry Brown to begin implementing the cuts retroactively. A three-judge panel had ruled against them in December on the grounds that trial courts cannot block the state from making cuts that were approved by the U.S. Department of Health and Human Services.
Health providers vowed they will continue to press lawmakers to restore the 10 percent reimbursement rate cut to the state's Medicaid program, known as Medi-Cal.
"While we are not surprised by the 9th Circuit Court ruling, we are certainly disappointed, as the 10 percent cut to Medi-Cal will have devastating effects on California's poorest and most vulnerable patients," said Paul Phinney, president of the California Medical Association, in a statement.
Phinney said the state needs competitive Medi-Cal payments as the state prepares to get millions of Californians health coverage under the Affordable Care Act. The association, which represents 35,000 doctors, says ongoing cuts have left doctors with little option but to stop taking qualified patients because the reimbursements do not meet the cost of overhead and supplies to treat them.
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US appeals court grants Hobby Lobby full hearing
Class Action |
2013/03/30 23:04
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A federal appeals court has granted Hobby Lobby's request for the entire court to hear its challenge of a federal requirement that it provide insurance coverage for the morning-after pill and similar emergency contraceptives.
The 10th U.S. Circuit Court of Appeals announced its decision Friday. Appeals are usually decided by a three-judge panel, but a total of nine judges will hear the appeal from the Oklahoma City-based arts and crafts chain.
Hobby Lobby is challenging a requirement in the new federal health care law that says the company must provide and pay for emergency contraceptives. The company says the requirement violates the beliefs of its Christian owners.
The Denver-based court also said it would hear Hobby Lobby's appeal on an expedited basis, with oral arguments expected this spring. |
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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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