The Supreme Court appeared divided Monday in two cases in which businesses are trying to make it harder for customers or investors to band together to sue them.
The justices heard arguments in appeals from biotech company Amgen Inc. and cable provider Comcast Corp. that seek to shut down class-action lawsuits against the businesses.
Amgen is fighting securities fraud claims that misstatements about two of its drugs used to treat anemia artificially inflated its stock price. Comcast is facing a lawsuit from customers who say the company's monopoly in parts of the Philadelphia area allowed it to raise prices unfairly.
Last year, the Supreme Court raised the bar for some class-action suits when it sided with Wal-Mart against up to 1.6 million of its female employees who complained of sex discrimination. In the Wal-Mart case, the court said there were too many women in too many jobs at the nation's largest private employer to wrap into one lawsuit.
Class actions increase pressure on businesses to settle suits because of the cost of defending them and the potential for very large judgments.
Connecticut pension funds that sued Amgen said lower courts correctly ruled that the case could move forward as a class action. The issue at the Supreme Court is whether the pension funds have to show at an early stage of the lawsuit that Amgen's claims about the safety and effectiveness of the drugs Aranesp and Epogen affected the stock price.
Several justices indicated they had no problem with the idea that, unlike in the Wal-Mart case, all the Amgen investors were in the same boat and could clear an early hurdle that tripped up the Wal-Mart employees.
Thursday, November 8, 2012
Tuesday, August 7, 2012
Tech titans face off in court over iPhone, iPad
Two tech titans will square off in federal court Monday in a closely watched trial over control of the U.S. smartphone and computer tablet markets.
Apple Inc. filed a lawsuit against Samsung Electronics Co. last year alleging the world's largest technology company's smartphones and computer tablets are illegal knockoffs of its popular iPhone and iPad products. The Cupertino-based company is demanding $2.5 billion in damages, an award that would dwarf the largest patent-related verdict to date.
Samsung counters that Apple is doing the stealing and that some of the technology at issue — such as the rounded rectangular designs of smartphones and tablets — has been industry standards for years.
The U.S. trial is just the latest skirmish between the two over product designs. A similar trial began last week, and the two companies have been fighting in courts in the United Kingdom and Germany. The case is one of some 50 lawsuits among myriad telecommunications companies jockeying for position in the burgeoning $219 billion market for smartphones and computer tablets.
In the United States, U.S. District Judge Lucy Koh in San Jose last month ordered Samsung to pull its Galaxy 10.1 computer tablet from the U.S. market pending the outcome of the trial, though the judge barred Apple attorneys from telling the jurors about the ban.
Monday, June 18, 2012
Houston Auto Accident & Insurance Claims Law Firm - The Salazar Law Firm, PLLC.
If you've been involved in an auto accident caused by speeding, drunk driving (DWI), unsafe lane changes, following too closely, running red lights & stop signs, reckless truck drivers, or any other cause, we ask you to keep the following in mind: Insurance companies are in the business of making money, not paying policies. If the insurance company is giving you the run-around, call The Salazar Law Firm today.
If you've been injured in an accident, your claim may be significantly weakened if you don't take the right steps. Get medical treatment for your pain and injuries as soon as possible. Insurance companies pay close attention to “lapses in treatment” and whether or not you sought treatment immediately after the accident happened.
The Salazar Law Firm is a Houston based firm that has expertise in defending clients facing auto accidents and insurance claims. Their attorneys understand the physical, emotional, and financial burden an car accident or personal injury can be on an individual and their families. Their goal is to lessen the stress for their clients by managing the complex procedures with insurance companies, medical facilities, and opposing insurance defense lawyers. They have the experience you need and give the attention you deserve. Visit http://www.hurtinhouston.com/ for more information.
If you've been injured in an accident, your claim may be significantly weakened if you don't take the right steps. Get medical treatment for your pain and injuries as soon as possible. Insurance companies pay close attention to “lapses in treatment” and whether or not you sought treatment immediately after the accident happened.
The Salazar Law Firm is a Houston based firm that has expertise in defending clients facing auto accidents and insurance claims. Their attorneys understand the physical, emotional, and financial burden an car accident or personal injury can be on an individual and their families. Their goal is to lessen the stress for their clients by managing the complex procedures with insurance companies, medical facilities, and opposing insurance defense lawyers. They have the experience you need and give the attention you deserve. Visit http://www.hurtinhouston.com/ for more information.
Indianapolis Family Law Firm - Riley Bennett & Egloff, LLP
Divorce is a legal proceeding within the court to formally dissolve a marriage between a couple. Divorce terminates a marital union, allowing the two people to pursue a new life personally and legally. As the most precious asset of any marriage, the best interests of the children should be of primary importance in any divorce proceeding. We strive to provide our clients with representation that will not only protect their rights, but also advance their best intentions for their children.
Among life’s most joyful occasions is to welcome a child into a family. Our attorneys can assist you with the legal process involved in adopting a child, whether it be an independent adoption or through an agency. Where adoption is not an option, our attorneys can also assist with alternatives, including guardianships.
With a team of business and family law attorneys, Riley Bennett & Egloff Law is capable of handling complex divorce and other family law matters on behalf of their clients. They devote individualized attention and personal service to each separate case and take time to listen to client concerns. Their attorneys have the experience need to find creative solutions to fit their client's individual needs. See http://www.rbelaw.com/ for more information.
Among life’s most joyful occasions is to welcome a child into a family. Our attorneys can assist you with the legal process involved in adopting a child, whether it be an independent adoption or through an agency. Where adoption is not an option, our attorneys can also assist with alternatives, including guardianships.
With a team of business and family law attorneys, Riley Bennett & Egloff Law is capable of handling complex divorce and other family law matters on behalf of their clients. They devote individualized attention and personal service to each separate case and take time to listen to client concerns. Their attorneys have the experience need to find creative solutions to fit their client's individual needs. See http://www.rbelaw.com/ for more information.
Wednesday, June 13, 2012
Feds and Florida headed to court over voter purge
The administration of Florida Gov. Rick Scott is headed to a legal showdown with two different federal agencies over a contentious voter purge.
Florida filed a lawsuit in a federal court in Washington D.C., demanding that the state be given the right to check the names of its registered voters against an immigration database maintained by the U.S. Department of Homeland Security.
The lawsuit came the same day that the U.S. Department of Justice announced its plan to ask a federal court to block the state from pushing ahead with removing potential non-U.S. citizens from the voter rolls. Authorities contend that the state's effort violates federal voting laws.
"Please immediately cease this unlawful conduct," wrote Assistant Attorney General Thomas Perez to Florida Secretary of State Ken Detzner.
But Scott himself went on national television to defend the purge and the need to sue the federal government.
Florida filed a lawsuit in a federal court in Washington D.C., demanding that the state be given the right to check the names of its registered voters against an immigration database maintained by the U.S. Department of Homeland Security.
The lawsuit came the same day that the U.S. Department of Justice announced its plan to ask a federal court to block the state from pushing ahead with removing potential non-U.S. citizens from the voter rolls. Authorities contend that the state's effort violates federal voting laws.
"Please immediately cease this unlawful conduct," wrote Assistant Attorney General Thomas Perez to Florida Secretary of State Ken Detzner.
But Scott himself went on national television to defend the purge and the need to sue the federal government.
Thursday, April 12, 2012
The Law Office of Eric Roper, P.A.
Jacksonville criminal defense lawyer - Eric Roper served over nine years on active duty in the U.S. Navy’s Judge Advocate General’s Corps and currently serves as a Commander in the Reserve Component of the JAGC.
His active service included tours as a criminal defense lawyer, Staff Judge Advocate, Officer in Charge, and command services attorney. He was appointed to two terms as a Special Assistant U.S. Attorney. After leaving active duty, Mr. Roper prosecuted civil violations of Federal law as a trial attorney with the Bureau of Enforcement at the U.S. Federal Maritime Commission in Washington, D.C. He opened his own firm in 2010 where his practice is focused on Federal, state and military criminal defense and maritime transportation law.
His active service included tours as a criminal defense lawyer, Staff Judge Advocate, Officer in Charge, and command services attorney. He was appointed to two terms as a Special Assistant U.S. Attorney. After leaving active duty, Mr. Roper prosecuted civil violations of Federal law as a trial attorney with the Bureau of Enforcement at the U.S. Federal Maritime Commission in Washington, D.C. He opened his own firm in 2010 where his practice is focused on Federal, state and military criminal defense and maritime transportation law.
Tuesday, April 10, 2012
Law Offices of Howard G. Smith Announces Class Action
Law Offices of Howard G. Smith, representing investors of Swisher Hygiene Inc., has filed a class action lawsuit in the United States District Court for the Southern District of New York on behalf of a class consisting of all persons or entities who purchased Swisher securities between May 16, 2011 and March 28, 2012, inclusive.
Swisher provides hygiene and sanitation solutions in North America and internationally. The Complaint charges Swisher and certain of the Company’s executive officers with violations of federal securities laws. Specifically, the Complaint alleges that throughout the Class Period the defendants made false and/or misleading statements, as well as failed to disclose material adverse facts about Swisher’s business, operations and prospects, including: (1) that the Company was improperly accounting for business acquisitions; (2) that the Company was improperly calculating its allowance for doubtful accounts receivable; (3) that, as a result, the Company's income was overstated; (4) that, as such, the Company's financial results were not prepared in accordance with Generally Accepted Accounting Principles; (5) that the Company lacked adequate internal and financial controls; and (6) that, as a result of the foregoing, the Company's financial statements were materially false and misleading at all relevant times.
No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased Swisher securities between May 16, 2011 and March 28, 2012, you have until May 29, 2012, to move for lead plaintiff status. To be a member of the class you need not take action at this time; you may retain counsel of your choice or take no action and remain an absent class member. If you wish to discuss this action or have any questions concerning this Notice or your rights or interests with respect to these matters, please contact www.howardsmithlaw.com.
Swisher provides hygiene and sanitation solutions in North America and internationally. The Complaint charges Swisher and certain of the Company’s executive officers with violations of federal securities laws. Specifically, the Complaint alleges that throughout the Class Period the defendants made false and/or misleading statements, as well as failed to disclose material adverse facts about Swisher’s business, operations and prospects, including: (1) that the Company was improperly accounting for business acquisitions; (2) that the Company was improperly calculating its allowance for doubtful accounts receivable; (3) that, as a result, the Company's income was overstated; (4) that, as such, the Company's financial results were not prepared in accordance with Generally Accepted Accounting Principles; (5) that the Company lacked adequate internal and financial controls; and (6) that, as a result of the foregoing, the Company's financial statements were materially false and misleading at all relevant times.
No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased Swisher securities between May 16, 2011 and March 28, 2012, you have until May 29, 2012, to move for lead plaintiff status. To be a member of the class you need not take action at this time; you may retain counsel of your choice or take no action and remain an absent class member. If you wish to discuss this action or have any questions concerning this Notice or your rights or interests with respect to these matters, please contact www.howardsmithlaw.com.
Tuesday, March 13, 2012
Law Offices of Howard G. Smith Announces Class Action
Law Offices of Howard G. Smith announces that a class action lawsuit has
been filed on behalf of purchasers of the common stock of Walter
Energy, Inc. between April 20, 2011 and September 21, 2011, inclusive,
seeking to pursue remedies under the Securities Exchange Act of 1934.
The class action lawsuit was filed in the United States District Court,
Northern District of Alabama.
Walter Energy produces and exports metallurgical coal for electric utility and industrial customers primarily in the United States. The Complaint alleges that defendants misrepresented or failed to disclose material adverse facts about the Company’s business and financial prospects, including that: (1) the Company was experiencing so-called “squeeze” events in Alabama and lower coal transportation rates in Canada that significantly reduced the Company’s coal production; (2) the Company’s commitment to ship more than 700,000 tons of coal in the second quarter at first quarter sales prices would result in a material adverse effect on Walter Energy’s average sales prices and operating results during the second quarter; (3) the Company was experiencing a significant decline in its margins and profitability; and (4), based on the foregoing, defendants lacked a reasonable basis for their positive statements about the Company and its business and financial prospects during the Class Period.
No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased Walter Energy common stock between April 20, 2011 and September 21, 2011, you have certain rights, and have until March 26, 2012 to move for lead plaintiff status. To be a member of the class you need not take any action at this time, and you may retain counsel of your choice.
www.howardsmithlaw.com
Walter Energy produces and exports metallurgical coal for electric utility and industrial customers primarily in the United States. The Complaint alleges that defendants misrepresented or failed to disclose material adverse facts about the Company’s business and financial prospects, including that: (1) the Company was experiencing so-called “squeeze” events in Alabama and lower coal transportation rates in Canada that significantly reduced the Company’s coal production; (2) the Company’s commitment to ship more than 700,000 tons of coal in the second quarter at first quarter sales prices would result in a material adverse effect on Walter Energy’s average sales prices and operating results during the second quarter; (3) the Company was experiencing a significant decline in its margins and profitability; and (4), based on the foregoing, defendants lacked a reasonable basis for their positive statements about the Company and its business and financial prospects during the Class Period.
No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased Walter Energy common stock between April 20, 2011 and September 21, 2011, you have certain rights, and have until March 26, 2012 to move for lead plaintiff status. To be a member of the class you need not take any action at this time, and you may retain counsel of your choice.
www.howardsmithlaw.com
Ex-Detroit lawyer loses case over 'ghetto' remark
A former top lawyer for the city of Detroit who lost her job for
describing a local court as "ghetto" has lost an appeal over her
dismissal.
A federal appeals court says Friday that Kathleen Leavey's comments in 2009 were not protected under the First Amendment because they were made as part of her job.
Leavey, who is white, has said she used the word "ghetto" in a conversation with a court employee to describe Detroit's 36th District Court as inefficient and poor in serving the public. The chief judge, who is black, heard about the comment and contacted city hall. The angry call to a deputy mayor led to Leavey's departure.
The appeals court says the Constitution does not shield certain expressions made during official duties.
A federal appeals court says Friday that Kathleen Leavey's comments in 2009 were not protected under the First Amendment because they were made as part of her job.
Leavey, who is white, has said she used the word "ghetto" in a conversation with a court employee to describe Detroit's 36th District Court as inefficient and poor in serving the public. The chief judge, who is black, heard about the comment and contacted city hall. The angry call to a deputy mayor led to Leavey's departure.
The appeals court says the Constitution does not shield certain expressions made during official duties.
Monday, March 5, 2012
Tully Rinckey PLLC Hires Legal Consultants
Tully Rinckey PLLC, a full-service law firm with offices in Albany, NY and Washington, DC, recently hired an experienced law practice management consulting group, RJH Consulting, as part of their explosive growth and firm reorganization in both offices. RJH Consulting is a Wyoming-based legal consulting group that provides strategic planning for more than 250 law firms nationwide.
RJH Consulting specializes in operations analysis and can assist law firms with coaching for professional development, profitability, business planning, utilization, budgeting and financial management. It is owned by Robert J. Henderson and Jan Friedland Henderson. Robert is a graduate of the University of Michigan Law School and is an experienced trial lawyer and was managing partner of his own law firm. Jan obtained her Masters Degree in Judicial Administration from the University of Denver College of Law and has served in mid-and senior management positions in law firms during her 30 year career.
“We are excited to have RJH Consulting assist us as we continue to expand and grow into other markets within the next 3-6 months. We take pride in having an outside perspective of how we operate in order to continue to live up to our standards as being a full-service law firm that provides superior legal services to our clients. Positive client relations is still a top priority for us as we continue to grow,” said Mathew B. Tully, Esq., founding partner of Tully Rinckey PLLC.
Mathew B. Tully, Esq., Robert J. Henderson and Jan Friedland Henderson are available for commentary. For more information, please contact Jessica Brociek at 202.787.1900 or at jbrociek@tullylegal.com.
Mathew B. Tully, Esq., Robert J. Henderson and Jan Friedland Henderson are available for commentary. For more information, please contact Jessica Brociek at 202.787.1900 or at jbrociek@tullylegal.com.
Eugene, Oregon Criminal Defense Lawyer
Max Mizejewski received his undergraduate degree from the University of California at Berkeley in 1993. In 1997, Max graduated from Northwestern School of Law of Lewis and Clark College and went on to work in the public sector before entering private practice. As Manager of the Oregon Department of Transportation Environmental Unit, Max gained valuable experience negotiating, problem solving and working through confrontational issues with emotionally charged individuals. Max brings this experience to his private practice which focuses on criminal defense and family law.
Max believes in taking the time to understand each clients unique situation and specific needs. Max represents clients in criminal prosecutions, administrative hearings, dissolution of marriage, custody matters and appeals. Max's tenacious attitude and strategic mindset make him the right advocate to have on your side.
Mr. Mizejewski believes everyone's rights should be protected, and everyone deserves the best possible defense. If you have been charged with a criminal offense, you need to know your rights. We can defend you against your criminal charges, including the following:
Max believes in taking the time to understand each clients unique situation and specific needs. Max represents clients in criminal prosecutions, administrative hearings, dissolution of marriage, custody matters and appeals. Max's tenacious attitude and strategic mindset make him the right advocate to have on your side.
Mr. Mizejewski believes everyone's rights should be protected, and everyone deserves the best possible defense. If you have been charged with a criminal offense, you need to know your rights. We can defend you against your criminal charges, including the following:
- Drunk Driving (DUII, DUI, DWI) - including underage drinking and driving, refusing a breathalyzer test, driving under the influence of drugs or alcohol, and other drug or alcohol related driving offenses
- Criminal Driving Offenses - including manslaughter, criminally negligent homicide, assault, hit & run, attempting to elude police, reckless driving and licensure issues
- Drug Crimes - including possession
, delivery, and manufacturing of marijuana, cocaine, methamphetamine, heroin, designer drugs and prescription drugs - Property Crimes - including theft, embezzlement, forgery, fraud, computer crimes and burglary
- Violent Crimes - including menacing, stalking and assault
- Stalking - including criminal offenses and civil actions
Hyland Levin: New law firm, new offices
Hyland Levin, a law firm that was created by breaking off from Ballard Spahr Andrews & Ingersoll’s Voorhees, N.J., office, is scheduled to move at the end of August into its new offices at 6000 Sagemore Drive in Marlton, N.J. The firm signed a 10-year deal on 16,440 square feet on the third floor of the building, giving it fresh space for the relatively new firm. Hyland Levin has been working from 12,000 square feet of former Ballard Spahr space at 1000 Main St. in Voorhees. The lease on that space is scheduled to expire in August.
Mark Shapiro, an attorney at Hyland Levin, took a circuitous route to Sagemore Drive. While at Ballard, he was put in charge of looking for space for the law firm since the lease was scheduled to come due this summer. For roughly 18 months before leaving Ballard last June and helping to form the new firm, Shapiro toured several sites throughout South Jersey to look for something that would be a good fit.
“We looked at a lot of space,” he said.
Marlton and Mount Laurel were considered along the Route 38 and Route 73 corridors as well as a couple of sites in Voorhees. During the search and in the throes of the recession, Hyland Levin was established and it was no longer a Ballard deal. While Shapiro really liked Liberty Property Trust’s Four Greentree Centre, Hyland Levin partners preferred Sagemore and settled on 6000 Sagemore. Jason Wolf at Colliers International was involved with the transaction.
Subway Lawsuit to be Filed by Pritzker Olsen Law Firm
Food safety law firm Pritzker Olsen is preparing to file a lawsuit on behalf of a woman from central Illinois who was hospitalized in the Subway Salmonella Hvittingfoss outbreak.
“Our client ate a sandwich and ended up in the hospital. This should never happen in our country”
.The 52-year-old resident of Tazewell County is one of at least 97 people who have tested positive for the same strain of Salmonella in an outbreak linked to more than 40 Subway locations in 28 Illinois counties. Pritzker Olsen is in contact with other victims.
.The 52-year-old resident of Tazewell County is one of at least 97 people who have tested positive for the same strain of Salmonella in an outbreak linked to more than 40 Subway locations in 28 Illinois counties. Pritzker Olsen is in contact with other victims.
Attorney Fred Pritzker said the client ate an oven-roasted chicken sub on May 11 at the Subway on 603 Jackson Street in Morton, Illinois. She was hospitalized for several days after suffering gastroenteritis and cramping with severe vomiting.
“Our client ate a sandwich and ended up in the hospital. This should never happen in our country,” Pritzker said. “Stringent sanitation requirements should be in place all along the food chain, and federal and state health officials should be given the authority and money needed to enforce the laws. Large restaurant chains should require suppliers to regularly test for Salmonella and other dangerous pathogens.”
Pritzker Olsen is also representing victims of a shigellosis outbreak associated with the Subway restaurant in Lombard, Illinois. The firm filed a lawsuit in March of this year on behalf of one of the victims, a resident of DuPage County, Illinois, who battled a severe Shigella infection for two weeks. The Subway lawsuit alleges that the outbreak was caused by sick food handlers at the restaurant.
Although contaminated food was the source of this current outbreak linked to certain Subway restaurants in Illinois, health officials are concerned that sick food handlers may continue to spread Salmonella Hvittingfoss. To prevent this, the Illinois Department of Public Health is requiring food handlers in 46 Subway restaurants to have two consecutive test results that are negative for Salmonella Hvittingfoss before being allowed to return to work.
For more information, visit http://www.pritzkerlaw.com or contact Pritzker Olsen law firm at (612) 338-0202. Pritzker Olsen offices are located at Plaza VII, Suite 2950, 45 South Seventh Street, Minneapolis, Minnesota 55402.
SHANGHAI PARTNER DON WILLIAMS JOINS SHEPPARD MULLIN
Don S. Williams has joined the Shanghai office of Sheppard, Mullin, Richter & Hampton LLP as a partner in the firm's Corporate practice group. Williams most recently practiced with Wilson Sonsini Goodrich & Rosati in Shanghai, after spending more than a decade with the firm's Silicon Valley office.
Williams' practice encompasses a broad range of general corporate and transactional matters, including venture capital and private equity financings, public offerings, and mergers and acquisitions. He has represented private and public companies across many industries in connection with public offerings, venture and private equity funds in connection with portfolio investments, as well as both buyers and sellers in a large number of M&A transactions. A Mandarin speaker, Williams works with both U.S. companies conducting business and raising funds in Asia and Asian companies conducting business and raising funds in the United States.
"Don is a top-notch transactional attorney and an excellent fit with both our Corporate practice group and Shanghai office. His twenty years of investment and capital markets practice straddles both Asia and Silicon Valley, with expertise in venture capital and private equity financings, public offerings and mid-market M&A deals that dovetails well with our China practice as well as firmwide," said Guy N. Halgren, chairman of the firm.
Commented Williams, "I am thrilled to be joining Sheppard Mullin, a top-notch firm with an impressive Corporate practice group that provides me with an excellent platform. The firm's collegial culture and dedication to teamwork is very attractive to me."
Williams received a J.D., cum laude, from Harvard Law School in 1993 and a B.A., with honors and distinction, from Stanford University in 1989.
In June, Jon Atzen joined Sheppard Mullin's Corporate practice group in the firm's Los Angeles/Downtown office from DLA Piper in Los Angeles.
Sheppard Mullin's Corporate practice group includes more than 100 attorneys firmwide. The firm has fourteen attorneys based in its Shanghai office.
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