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Major Labels to Pay $45 Million to Settle Songwriter Class Action
Class Action |
2011/01/12 05:44
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The major record labels have agreed to pay $45 million to settle claims they failed to pay songwriters and music publishers while including their works on compilation albums. Warner Music, EMI, Universal Music and Sony BMG were sued in 2008 in a class action by Canadian songwriters and music publishers. Generally, labels had established a practice of including songs on compilations for which they had not yet secured proper rights, placing them on a "pending list" for later payment. TorrentFreak noted that the pending list for unpaid tracks had reached 300,000 just in Canada. In addition to the $45 million to be paid by the labels to artists, the proposed settlement "also establishes a new mechanism that will expedite future payments of mechanical royalties to music rights holders." "This agreement with the four major labels resolves all outstanding pending list claims," said David Basskin, president and CEO the Canadian Musical Reproduction Rights Agency (CMRRA). |
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Minn. court: Light cigarette case is class-action
Class Action |
2011/01/04 09:25
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A lawsuit that alleges the maker of Marlboro Lights used deceptive trade practices and false advertising when it marketed its cigarettes as "light" can proceed in Minnesota as a class-action claim, the state Court of Appeals ruled Tuesday. The 45-page ruling by the three-judge panel sends the 2001 lawsuit against Philip Morris back to Hennepin County District Court. The class would include people who bought Marlboro Lights in Minnesota for their personal use from 1972 through November 2004. The number of people in the class and the amount of damages they would seek was not immediately available Tuesday. The plaintiffs are seeking refunds of money they spent on the cigarettes. In a statement, Philip Morris said it was considering its options for an appeal. The company said it believes class-action status is inappropriate because the circumstances of each smoker are different. The district court denied the request for class certification in 2004, saying it was necessary to look at each person's reasons for smoking light cigarettes and the manner in which they smoked them. But later that year, the district court reversed itself and certified the class, saying that because the injury being claimed was economic, not physical, all class members suffered similar injury.
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Netflix subscribers’ suit gets class-action status
Class Action |
2011/01/04 09:24
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A federal judge granted class-action status to Netflix Inc. subscribers in their lawsuit against the company and Wal-Mart Stores Inc. over DVDs. US District Judge Phyllis Hamilton said that the subscribers bringing suit against the companies in 2009 were “united by common and overlapping issues of fact and law,’’ in an order dated Dec. 23 and filed in federal court in Oakland, Calif. Wal-Mart and the plaintiffs reached a preliminary settlement of the lawsuit that could pay them as much as $40 million in cash or equivalents, according to a motion filed Dec. 14. A hearing on that motion will be Feb. 9. It doesn’t include Netflix. The plaintiffs charged that Netflix and Wal-Mart conspired in 2005 to divide the market for selling and renting DVDs to reduce competition. The companies formed an agreement in which Wal-Mart.com would stop renting DVDs online and Netflix wouldn’t offer them for sale.
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Framingham to explore class-action lawsuit against state
Class Action |
2011/01/04 09:23
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Town officials may file a class-action lawsuit against the state for what they say is inadequate funding of the district's special education program. A task force reviewing Framingham structural deficit asked earlier this month for Town Manager Julian Suso and Superintendent Steven Hiersche to look into filing a lawsuit, Hiersche said yesterday. "We haven't had time to talk about it," he said, adding he expected discussions to begin in the new year. The task force said a potential lawsuit would be in response to the state's underfunding of the town's special education services. Like many towns, Framingham had its special education "circuit-breaker" reimbursement cut by the state last year, and Suso said Framingham historically has been underfunded in the state's education funding formula. "The playing field is not level," he said. Hierche said the lawsuit also could consider other recent cuts to local aid. "(The Structural Deficit Review Task Force) is looking at a lot of things the state has backed away from," he said. Suso said the aim of the lawsuit would be to make the state's funding formulas more equitable to Framingham, though there is no specific figure being sought at this time.
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Pimco Settles Class Action for $92 Million
Class Action |
2011/01/04 04:24
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Pacific Investment Management Company is paying $92 million to settle a class-action lawsuit that accuses it of manipulating the price of 10-year Treasuries back in 2005. The lawsuit was filed by two investors that had taken short positions in the futures contracts. Breakwater Trading and the other plantiffs had bet that the market value of the notes would decline. However, they wound up paying prices that were "articially high," according to the plantiffs because Pimco scooped up large amounts of the T-notes, according to a report by the Los Angeles Times "PIMCO's position is that all such trades were properly designed to secure best execution for its clients; that by lending cheapest-to-deliver notes back into the market it eliminated any concerns," PIMCO said in a press release. |
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Wal-Mart class-action appeal goes to Supreme Court
Class Action |
2010/12/14 13:25
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The Supreme Court said on Monday it would decide if the largest sex-discrimination class-action lawsuit in U.S. history against Wal-Mart Stores Inc can proceed, a case involving women workers who seek billions of dollars in damages. The nation's highest court agreed to hear an appeal by the world's largest retailer and the largest private employer arguing the claims of as many as 1.5 million current and former female employees were too diverse to proceed as a single class-action lawsuit. The justices decided to review a ruling by a appeals court in California that upheld the class-action certification in the lawsuit alleging discrimination against every woman employed over the past decade at the company's 3,400 U.S. stores. The Supreme Court is expected to hear arguments in the case, which immediately became the most important business dispute before the justices this term, in March, with a ruling likely by the end of June. The ruling could affect other class-action lawsuits. Anthony Sabino, a professor of law and business at St. John's University in New York, said the case "will test the very limits of class litigation." Bentonville, Arkansas-based Wal-Mart said in a statement it was pleased the court granted review in the important case and it looked forward to the court's consideration of the appeal. |
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Class action lawsuit against United Water could cost millions
Class Action |
2010/11/28 21:27
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Several Union City residents have filed a class action lawsuit against United Water on allegations that the company cheated customers by selling them useless warranties that do not cover repairs. The warranties, which cost about $150 a year, are supposed to cover the repair of broken water pipes, sewer pipes and other items, the attorneys for three 18th Street plaintiffs, said. Although the application says "Guaranteed Acceptance" in large print, there are actually many exclusions, the attorneys said. Multi-unit dwellings are actually excluded from the warranty, but that has not stopped United Water from marketing and selling the policies to the owners of multi-unit buildings, the lawsuit says. The suit was recently filed in Bergen County Superior Court in Hackensack, where United Water is based.
Attorneys Carl Mayer and Bruce Afran held a press conference Tuesday at the courthouse. Afran estimated that if all New Jersey residents in a situation similar to the plaintiffs were to join the suit, and the suit was successful, it could cost United Water as much as $50 million.
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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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