|
|
|
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.
|
|
|
|
|
|
|
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.
|
|
|
|
|
|
|
Court reverses conviction on online Obama threat
Court Watch |
2011/07/20 09:28
|
A federal appeals court on Tuesday overturned the conviction of a man who posted Internet messages threatening Barack Obama during his 2008 presidential campaign.
A divided three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that Walter Bagdasarian's violent and racist screeds against Obama were "repugnant" but not criminal. The court also said it was obvious the San Diego man wasn't planning to attack the candidate and that the postings were protected by Bagdasarian's free speech rights.
Bagdasarian was convicted in 2009 of two felony counts of threatening a major presidential candidate.
Bagdasarian posted several messages to a Yahoo Finance message board in October 2008, including one that called Obama a racial epithet and another that said "he will have a 50 cal in the head soon" — a reference to a .50 caliber gun.
A retired Air Force officer forwarded the postings to the Secret Service. Yahoo provided Bagdasarian's subscriber information to investigators, who raided his house and seized six guns and a hard drive containing an email with similar sentiments.
Bagdasarian admitted posting the messages, but said he was drunk and joking.
He waived his right to a jury trial. District Judge Marilyn L. Huff found him guilty and sentenced him to 60-days in a half-way home.
But the appeals panel said no "reasonable person" could have taken seriously Bagdasarian's posts.
|
|
|
|
|
|
|
Fresno DA charges woman after deadly bus crash
Court Watch |
2011/07/20 09:27
|
A woman accused of providing alcohol to a teenage driver who caused a deadly Greyhound bus crash has been charged with a misdemeanor, officials said Tuesday.
Michelle Kay Cole, 22, was charged with purchasing an alcoholic beverage for a person under 21 resulting in death, Fresno County District Attorney Elizabeth Egan said at a news conference.
Cole was cited Monday but not arrested, Egan said. She could face up to six months in jail and a $1,000 fine if convicted.
A California Highway Patrol report placed sole blame for the crash on 18-year-old Sylvia Garay. Investigators said she was drunk when her SUV hit a concrete barrier and overturned on Highway 99 on July 22, 2010.
The oncoming bus, carrying 31 passengers on a route from Los Angeles to Sacramento, struck the SUV, skidded into a concrete center divider, then tumbled down a 15-foot embankment and plowed into a eucalyptus tree shortly after 2 a.m. a few miles from downtown Fresno.
Garay, her two passengers and three people on the bus were killed. Authorities say Garay had a blood alcohol level of .11 when she died. The legal limit is .08.
The CHP report said the bus driver had no way to avoid the SUV, which was left without lights when it overturned.
|
|
|
|
|
|
|
AT&T Faces At-Home Call Center Employee Wage & Hour Class Action Lawsuit Filed
Court Watch |
2011/07/19 09:30
|
On March 28, 2011, the California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik filed a class action lawsuit against AT&T alleging that the wireless provider violated California wage & hour laws by mislabeling at-home virtual call center employees as independent contractors in order to avoid paying these employees for all of the hours they work, including overtime hours and minimum wages.
The California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik have filed a class action lawsuit against AT&T in Northern California alleging that the wireless phone giant has violated the rights of at-home virtual call center employees under the California Labor Code. The class action lawsuit against AT&T for Labor Code violations was filed on March 28, 2011 in the Northern District of California, entitled Perry v. AT&T and Arise, Case No. CV111498JCS. According to the class action complaint filed against AT&T by the labor law attorneys at Blumenthal, Nordrehaug & Bhowmik, the mobile and wireless provider has hired at-home call center employees to provide billing and technical support for AT&T customers. The complaint alleges that AT&T devised an illegal scheme of mislabeling these virtual at-home call center employees as independent contractors in order to avoid workers' compensation costs as well as paying state and/or federal taxes. The AT&T call center employee class action lawsuit further alleges that the wireless provider intentionally misclassified the at-home virtual call center employees as independent contractors in order to get around wage & hour requirements in violation of California employment laws. Whereas the state’s minimum wage rules, lunch break requirements and overtime laws protect employees, the laws do not apply to independent contractors. The AT&T overtime class action lawsuit alleges that the wireless provider mislabeled at-home call center employees because these workers are required to perform work subject to AT&T’s control. AT&T has the authority to exercise complete control over the work performed and the manner in which the work is performed by these at-home call center employees. Further, AT&T controls the at-home virtual call center employees’ work schedule and hours, according to the complaint. For more information, visit the AT&T at-home virtual call center employee class action lawsuit website or call (866) 771-7099. With its main employment law office located in San Diego County, the California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik have a statewide practice of representing employees on a contingency basis for violations involving wages and hours, overtime pay, discrimination, harassment and wrongful termination.
|
|
|
|
|
|
|
 |
Investment Fraud Litigation |
|
|
|
|
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.
|
|
|
| |
| |
| |
|
The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
|
Legal News RSS Feed
