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Judge nixes class-action lawsuit against Dow
Court Watch | 2011/07/26 09:11
A judge in Saginaw says property owners who claim Dow Chemical Co. has spoiled their land cannot sue the company through a class-action lawsuit.

The decision means property owners will have to pursue the company on their own. As many as 2,000 believe they've been harmed by dioxin in the Tittabawassee River floodplain.

The Saginaw News says Judge Leopold Borrello on Monday cited a recent U.S. Supreme Court decision that limited class-action lawsuits against corporations. The judge says anyone claiming harm from Dow pollution must undergo "highly individualized factual inquiries."

Dow attorney Kathleen Lang says the company is pleased with decision.

Dow has acknowledged polluting the Tittabawassee and Saginaw rivers and their floodplains with dioxins for much of the 20th century. Dioxins are chemical byproducts that may cause cancer.



NJ court rules against son in Plain estate dispute
Headline Legal News | 2011/07/26 09:05
A New Jersey court has ruled against the son of Belva Plain in a dispute over the late author's estate.

John Plain had claimed his mother, the bestselling author of more than 20 novels, and sisters had schemed to cut him out of her will.

Attorneys for Belva Plain's estate argued that her son had signed an agreement in the 1990s vowing not to contest her will.

Friday's decision in state Superior Court in Essex County dismissed John Plain's claim. Plain's lawyer said he was reviewing the decision.

Belva Plain began writing her novels after raising her children and becoming a grandmother. When she died in her sleep last fall at her home in New Jersey at age 95, more than 28 million copies of her books were in print.



NJ court rules against son in Plain estate dispute
Court News | 2011/07/26 06:05
A New Jersey court has ruled against the son of Belva Plain in a dispute over the late author's estate.

John Plain had claimed his mother, the bestselling author of more than 20 novels, and sisters had schemed to cut him out of her will.

Attorneys for Belva Plain's estate argued that her son had signed an agreement in the 1990s vowing not to contest her will.

Friday's decision in state Superior Court in Essex County dismissed John Plain's claim. Plain's lawyer said he was reviewing the decision.

Belva Plain began writing her novels after raising her children and becoming a grandmother. When she died in her sleep last fall at her home in New Jersey at age 95, more than 28 million copies of her books were in print.



Class action over L.A. telephone tax may proceed, court rules
Headline Legal News | 2011/07/26 01:11
A class action lawsuit against the city of Los Angeles for a refund of potentially hundreds of millions of dollars in telephone taxes may proceed as a result of a unanimous ruling Monday by the California Supreme Court.

The ruling, written by Justice Ming W. Chin, upheld the right of citizens to bring class actions against municipal governments for collection of allegedly illegal taxes.

The decision will affect similar lawsuits against Los Angeles County, Long Beach and Chula Vista, lawyers in the case said. The suits claim that the governments have illegally taxed telephone users. The tax appears on phone bills.

The case against L.A. was filed in 2006. The city argued that the taxpayers should have filed individual claims for refunds before bringing a class action and won in the trial court and the appeals court.

As a result of Monday's ruling, "It's possible we will consider bringing actions against other jurisdictions," said Frank Gregorek, who argued the case for the taxpayer. The class that would recover funds would include all residents who paid the taxes.





Class action lawsuit filed over Antero drilling
Court Watch | 2011/07/25 09:10
A class action lawsuit has been filed against Antero Resources alleging that the company's gas drilling activities in Battlement Mesa threaten the health of residents.

The suit was filed in Denver District Court on behalf of all 5,000 residents of the unincorporated community, which is located next to Parachute in western Garfield County.

An attorney representing the residents, Corey Zurbuch, says the suit argues that drilling exposes the people of Battlement Mesa to hazardous pollution.

Antero representatives, along with others in the industry, have long argued that their activities are not hazardous to the residents of Garfield County, according to the Glenwood Springs Post Independent.


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