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Judge OKs class-action settlement over Skechers
Court Watch |
2013/05/23 09:06
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A federal judge approved a $40 million class-action settlement Monday between Skechers USA Inc. and consumers who bought toning shoes after ads made unfounded claims that the footwear would help people lose weight and strengthen muscles.
U.S. District Judge Thomas B. Russell in Louisville approved the deal, which covers more than 520,000 claims. About 1,000 people eligible for coverage by the settlement opted not to take part.
Those with approved claims will be able to get a maximum repayment for their purchase _ up to $80 per pair of Shape-Ups; $84 per pair of Resistance Runner shoes; up to $54 per pair of Podded Sole Shoes; and $40 per pair of Tone-Ups.
Russell also awarded $5 million for the attorneys in the case to split. Russell ordered that the money cannot come from the $40 million settlement fund set aside for consumers.
Two people that served as the lead plaintiffs in the case will receive payments of $2,500 each.
Russell considered multiple factors in deciding to approve the settlement and found it provides just compensation to the plaintiffs.
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Court: US can keep bin Laden photos under wraps
Court Watch |
2013/05/22 09:07
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A federal appeals court is backing the U.S. government’s decision not to release photos and video taken of Osama bin Laden during and after a raid in which the terrorist leader was killed by U.S. commandos.
The three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia turned down an appeal Tuesday from Judicial Watch, a conservative watchdog group, which had filed a Freedom of Information Act request for the images.
The court said that the CIA properly withheld publication of the images. The court concluded that the photos used to conduct facial recognition analysis of bin Laden could reveal classified intelligence methods — and that images of bin Laden’s burial at sea could trigger violence against American citizens.
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Court again nixes Viacom $1B suit against YouTube
Court Watch |
2013/04/22 00:58
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For the second time in three years, a federal judge has dismissed Viacom's $1 billion copyright lawsuit against YouTube, saying the online video site doesn't have to police itself as long as it removes infringing videos when copyright owners give notice.
U.S. District Court Judge Louis Stanton in New York ruled Thursday that Viacom never proved YouTube was aware of thousands of videos Viacom said were stolen from its TV networks such as Comedy Central and BET.
Viacom Inc. said it will appeal.
"This ruling ignores the opinions of the higher courts and completely disregards the rights of creative artists," the company said in a statement.
The ruling upholds Stanton's original decision from June 2010 and leaves in place the current understanding of the Digital Millennium Copyright Act of 1998. Stanton also ruled that YouTube did not act with "willful blindness" to the issue, noting that in 2007 it removed 100,000 videos in one day after being notified by Viacom they were infringing.
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Appeals court hears challenge to gay therapy ban
Court Watch |
2013/04/18 00:56
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California's novel law seeking to ban licensed counselors from trying to turn gay teens straight is boiling down to a question over whether the therapy is free speech or a medical treatment that can be regulated by government. It's the "pivot point" of the legal debate, Judge Morgan Christen of the 9th U.S. Circuit Court of Appeals said Wednesday. Morgan and two other judges on the nation's largest federal appellate court considered 90 minutes of legal arguments over the ban on "sexual-orientation change" counseling of minors, which other states are considering. The three-judge panel is considering two challenges to the law approved in California last fall. It took no action Wednesday and will issue a written ruling later. The law was to go into effect Jan. 1, but the court put it on hold pending its decision. Chief Judge Alex Kozinski noted the U.S. Supreme Court struck down a California ban of violent video games because the state failed to show a compelling reason to infringe on game-makers free speech rights to manufacture the products. He said it appeared the same argument could be applied to the evidence lawmakers relied on in passing the prohibition on sexual-orientation change therapy. |
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Spanish king's son-in-law makes court appearance
Court Watch |
2013/02/27 00:20
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Protesters jeered the Spanish king's son-in-law before he was questioned Saturday by a judge about allegations he and a partner funneled away millions of euros through fraudulent deals.
The investigation has deeply embarrassed the monarchy in a country hard hit by a financial crisis and sky-high unemployment. The scandal ranks among the worst public relations mishaps the royal household has experienced in the 37-year reign of King Juan Carlos.
Inaki Urdangarin, who has not been charged with a crime, made his way into a courthouse in Palma de Mallorca amid tense street scenes where a contingent of around 170 police kept several hundred protesters away from the building. Urdangarin, married to the 75-year-old king's second daughter, Princess Cristina, has denied any wrongdoing.
Urdangarin, facing his second appearance in court, did not stop to say anything, but wished about 100 journalists accredited to cover the event a curt "good morning" as he walked in, accompanied by his lawyer Mario Pascual Vives.
The Duke of Palma, the title held by Urdangarin, had been called to answer questions behind closed doors at a courthouse on this Mediterranean island about whether he used his high-profile status to secure lucrative deals for a nonprofit foundation he ran and then fraudulently diverted money for personal gain. |
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Ex-Mass. chemist pleads not guilty to obstruction
Court Watch |
2013/01/30 09:02
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A former Massachusetts chemist accused of faking test results at a state drug lab has pleaded not guilty to four counts of obstruction of justice in a scandal that could jeopardize thousands of drug convictions.
Annie Dookhan was indicted on a total of 27 charges accusing her of fabricating test results and tampering with drug evidence while testing substances in criminal cases.
The 35-year-old Dookhan was arraigned Wednesday on four obstruction counts in Brockton Superior Court. She was scheduled to be arraigned later Wednesday on additional charges in Fall River Superior Court.
An estimated 200 convicted defendants have been released from jail and had their cases put on hold while their legal challenges are pending.
Authorities shut down the lab in August.
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Court says Obama appointments violate constitution
Court Watch |
2013/01/29 22:50
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President Barack Obama violated the Constitution when he bypassed the Senate last year to appoint three members of the National Labor Relations Board, a federal appeals court ruled Friday in a far-reaching decision that could severely limit a chief executive's powers to make recess appointments.
The decision of the U.S. Court of Appeals for the D.C. Circuit marked a victory for Republicans and business groups critical of the labor board. If it stands, it could invalidate hundreds of board decisions over the past year, including some that make it easier for unions to organize.
When Obama filled the vacancies on Jan. 4, 2012, Congress was on an extended holiday break. But GOP lawmakers gaveled in for a few minutes every three days just to prevent Obama from making recess appointments. The White House argued that the pro forma sessions — some lasting less than a minute — were a sham.
The court rejected that argument, but went even further, finding that under the Constitution, a recess occurs only during the breaks between formal year-long sessions of Congress, not just any informal break when lawmakers leave town. It also held that presidents can bypass the Senate only when administration vacancies occur during a recess.
White House press secretary Jay Carney said the administration strongly disagrees with the decision and that the labor board would continue to conduct business as usual, despite calls by some Republicans for the board members to resign. |
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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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