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Wisconsin court accepts wind farm challenge
Court Watch | 2011/12/15 11:34
The state Supreme Court has agreed to decide whether Wisconsin regulators properly approved a huge wind farm in southern Minnesota.

Regulators in Wisconsin and Minnesota gave Wisconsin Power & Light permission in 2009 to build the $450 million farm just north of Albert Lea.

Two Wisconsin groups representing energy consumers contend the Wisconsin Public Service Commission should have applied stiffer approval criteria to the project. The commission has countered that such standards don't apply to out-of-state facilities.

The 4th District Court of Appeals asked the Supreme Court to take the case directly. Online court records indicate the high court has accepted the case, with the first briefs due in mid-January.



CARRIER iQ, Inc. Sued in Class Action
Court Watch | 2011/12/05 10:21
New York City based Horwitz, Horwitz & Paradis, Attorneys at Law and Los Angeles based Kiesel Boucher & Larson LLP announced this morning that they have filed a nationwide class action lawsuit against Mountain View, California based CARRIER iQ, Inc. on behalf of a class comprised of all persons and entities who own an electronic device, including but not limited to, smartphones, feature phones, tablets, and electronic-readers (collectively, the "Electronic Devices"), in which CiQ's Mobile Intelligence software application is installed.

The class action complaint, which was filed in the United States District Court for the Northern District of California, alleges that CiQ manufactures a software application that, unbeknownst to Class members, was embedded into a wide variety of Electronic Devices, including but not limited to, smartphones, feature phones, tablets, and electronic-readers, purchased by Class members over the past six years. Plaintiff further alleges that CiQ utilized its software application to illegally intercept, collect, and share the data and communications sent or received by Class members over their Electronic Devices in which CiQ's software application has been secretly installed for approximately six years.

More specifically, Plaintiff alleges that CiQ's software application enabled CiQ to illegally intercept and monitor all communications that are sent to, and received by, an Electronic Device in which CiQ's software is installed. CiQ's software does so by: (i) intercepting and recording all keystrokes depressed on the Electronic Devices; (ii) intercepting, reading and displaying the actual text of all text messages sent from, or received by, the Electronic Devices; and (iii) intercepting, reading and displaying all Internet browser searches conducted on private Wi-Fi networks

In commenting on the allegations of the Class Action Complaint, Plaintiff's attorney Paul O. Paradis remarked, "The vast nature of CiQ's illegal interception activities and the fact that the Company's illegal activities were able to be conducted without detection for nearly 6 years is frightening. In the digital age in which we live, the revelation of CiQ's illegal electronic interception activities is a watershed moment for privacy advocates around the world and serves as an alarming wake up call to all of us who are concerned about protecting the privacy of confidential communications of any type." Attorney Paul Kiesel added, "At this juncture of the litigation, it appears that in excess of 140 million class members were victimized by CiQ's illegal interception activities. That fact, in and of itself, is stunning."

Plaintiff alleges that CiQ's illegal interception and data collection and sharing activities violated both the federal Electronic Communications Privacy Act and California's Invasion of Privacy Act, as well as other laws intended to protect Class member's privacy and property interests. Plaintiff seeks statutory damages, restitution, punitive damages on behalf of himself and all Class members, as well as an injunction enjoining Defendant from continuing the illegal practices complained of in the Complaint.

If you have any information concerning practices complained of in the Class Action Complaint or would like further information regarding this nationwide class action, please contact Paul O. Paradis at 212-986-4500 or e-mail at pparadis@hhplawny.com or Paul Kiesel at 310-854-4444 or email at kiesel@kbla.com.

Horwitz, Horwitz & Paradis, Attorneys at Law, and Kiesel Boucher & Larson, LLP have been retained as two of the law firms to represent the Class. The attorneys at Horwitz, Horwitz & Paradis, Attorneys at Law, and Kiesel Boucher & Larson, LLP have extensive experience in prosecuting class action cases, and have been appointed as Lead Counsel in numerous major class actions by federal and state courts across the United States and have obtained major recoveries on behalf of injured parties.



Ala court voids $8.4M verdict against GE Capital
Court Watch | 2011/12/02 11:04
The Alabama Supreme Court has reversed an $8.6 million verdict against GE Capital Aviation Services in a lawsuit filed by Pemco World Air Services Inc.

The justices ruled Friday that a lower court was wrong when it refused to overturn a verdict returned by jurors in 2009 in Dale County. The Tampa, Fla.-based, Pemco has a plant in Dothan.

Pemco refurbishes airplanes, and GE Capital leases and finances aircraft. The companies accused each other of breach of contract and fraud in 2004 over a contract to convert Boeing 737 owned by GE Capital from passenger planes into freighters.

Jurors sided with Pemco, but the Supreme Court says evidence didn't support the claim. The justices sent the case back to Dale County for a new trial.


Farmers Insurance Settles Class Action Lawsuit
Court Watch | 2011/12/01 10:24
Farmers Insurance entered into a settlement of a nationwide class action lawsuit, In Re Farmers Med-Pay Litigation, pending in the District Court of Canadian County, Oklahoma. The settlement includes Farmers Insurance Company, Inc., Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, Farmers Group, Inc., Illinois Farmers Insurance Company, and certain related entities. The Court entered a final order approving the settlement on November 29, 2011.

Plaintiffs alleged that Farmers failed to pay reasonable expenses for necessary medical services related to automobile accidents under Medical Payments and Personal Injury Protection ("PIP") coverage in automobile policies based on Farmers' use of certain claim adjustment systems and procedures. Farmers denies all of Plaintiffs' claims in the lawsuit. However, Farmers agreed to resolve the lawsuit to avoid the burden and expense of continued litigation.

The Settlement Class includes all persons who submitted claims for payment of medical bills related to an automobile accident under Med-pay or PIP coverage if (a) the claim was adjusted from January 1, 2001 to February 9, 2009 based upon a recommended reduction from Zurich Services Corporation ("ZSC"), (b) the claim was paid at less than the amount billed, and (c) total Med-pay or PIP payments were less than the respective limits of coverage. The Class also includes medical providers who were assigned the right to assert these claims.

Those affected by this settlement must complete and submit a valid claim form postmarked no later than December 29, 2011. Further information and claim forms can be obtained by visiting www.MedpayClaimsAdministration.com.



NY court hears hedge fund boss' bail arguments
Court Watch | 2011/11/30 10:24
A federal appeals court did not immediately rule Wednesday whether hedge fund founder Raj Rajaratnam must report to prison next week for an 11-year sentence for insider trading, the longest term ever given for the crime.

Attorney Patricia Millett told the 2nd U.S. Circuit Court of Appeals in Manhattan that Rajaratnam should remain free on bail while the appeals court hears a challenge to his conviction in the biggest insider trading case in history.

Rajaratnam, 54, was sentenced in October after his conviction this year on charges that he engaged in insider trading from 2003 through October 2009 at the Galleon Group of hedge funds that he founded. Prosecutors said insider trading schemes involved the stocks of at least 19 different public companies and resulted in at least $70 million in illegal gains.

Rajaratnam was also ordered to forfeit $53.8 million and to pay a $10 million fine.

Millett said court papers filed to secure wiretaps that provided evidence crucial to his conviction were improperly made, raising a substantial question of law that entitles him to remain free until the appeals court hears the case sometime next year.



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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
 
 
 

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