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Vivendi To Cut US Class Action Provision
Headline Legal News |
2011/02/24 17:13
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Vivendi SA said Wednesday it will significantly reduce the EUR550 million provision it had made to cover potential damages for a U.S. class action case after a U.S. judge narrowed the size of the class. The Paris-based company's potential liabilities have been slashed by 80% in light of the court victory, which will free up more cash as the group prepares to buy out Vodafone PLC's minority stake in telecoms operator SFR. Vivendi made the provision in its 2009 accounts to cover any eventual payout after a jury in January last year found the company liable for 57 misstatements about its financial condition in the two years leading up to its near bankruptcy in 2002. The damages arising from the ruling in January 2010, which was based on a class involving shareholders outside the U.S., could have totaled more than $9 billion, according to lawyers for the shareholders, although Vivendi's lawyer Herve Pisani rejected the sum as "unfounded." The ruling Tuesday by U.S. District Judge Richard Holwell that shareholders who bought Vivendi shares outside the U.S. are barred from bringing fraud claims against the company in the U.S., considerably narrowed the overall size of the potential class. |
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Horizon Lines to plead guilty to fixing prices
Headline Legal News |
2011/02/21 17:13
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U.S. authorities say the shipping company Horizon Lines LLC has agreed to plead guilty to fixing prices and to pay a $45 million fine. A Justice Department statement Thursday says the company was accused of conspiring to fix rates and surcharges for freight transportation between the United States and Puerto Rico from May 2002 until April 2008. Five former executives have been sentenced after pleading guilty in 2008 to charges related to the shipping conspiracy. The Charlotte, North Carolina-based company has a fleet of 20 U.S.-flagged cargo ships that carry items including heavy equipment, medicines and consumer goods. In June 2009, the company agreed to pay $20 million to settle a class action price-fixing lawsuit.
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as man on Neb. death row appeals to high court
Headline Legal News |
2011/02/19 17:15
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A Texas man on Nebraska's death row for killing two men has appealed his case to the state Supreme Court. Marco Torres Jr., formerly of Pasadena, Texas, was convicted of two counts of first-degree murder and other charges in the 2007 shooting deaths of two Grand Island men, 48-year-old Timothy Donohue and 60-year-old Edward Hall. Prosecutors said Torres fled to Texas after the shootings and burned Hall's car in a remote area. He was arrested in Houston. Torres is asking the high court to throw out his conviction because some evidence shouldn't have been allowed, and his objection to the sentencing process shouldn't have resulted in a death sentence, among other things. Arguments will be heard March 2. |
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Fla. Ruling Big Tobacco Won Comes Back To Bite It
Headline Legal News |
2011/02/18 17:15
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A Florida Supreme Court ruling that threw out a $145 billion award against cigarette makers is biting Big Tobacco back, making it dramatically easier for thousands of smokers to sue and turning the state into the nation's hot spot for damage awards. The 2006 ruling has helped generate more than $360 million in damage awards in only about two dozen cases. Thousands more cases are in the pipeline in Florida, which has far more smoking-related lawsuits pending than any other state. Though the justices tossed the $145 billion class-action damage award, they allowed about 8,000 individual members of that class to pursue their own lawsuits. And in a critical decision, they allowed those plaintiffs to use the original jury's findings from the class-action case. That means the plaintiffs don't have to prove that cigarette makers sold a defective and dangerous product, were negligent, hid the risks of smoking and that cigarettes cause illnesses such as lung cancer and heart disease. The plaintiffs must mainly show they were addicted to smoking and could not quit, and that their illness — or a smoker's death — was caused by cigarettes. Jurors have sided with smokers or their families in about two-thirds of the 34 cases tried since February 2009, when the first Florida lawsuit following the rules set by the Supreme Court decision went before a jury. Awards have ranged from $2 million or less to $80 million, though tobacco companies are appealing them all. |
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Maine federal judge lets class action in care suit
Headline Legal News |
2011/02/03 17:52
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A federal judge in Maine says 40 residents with cerebral palsy, epilepsy and other conditions can join a lawsuit seeking to force the state to provide opportunities for them to live outside nursing homes. On Monday, U.S. District Court Judge John Woodcock granted class-action status to a lawsuit filed by three men with cerebral palsy who want to live on their own but retain services provided by the Maine Department of Health and Human Services. In the lawsuit filed in December 2009, the three argued the state violated the Americans with Disabilities Act and the Nursing Home Reform Act because it failed to make it possible for them to live outside nursing homes. The Bangor Daily News says state officials couldn't be reached Wednesday because of the storm. |
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Trenton voids law firm contract for contributions
Headline Legal News |
2011/02/01 17:52
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Trenton's city attorney has found pay-to-play problems with a $50,000 contract that the city recently awarded to an Atlantic City law firm with ties to Mayor Tony Mack. Acting Law Director Marc McKithen voided the contract because he says Cooper Levenson gave money to a political action committee that supported Mack. The Times of Trenton reported the firm gave $7,200 to the Partners for Progress PAC in June, three days before the PAC gave $7,200 to Mack's election fund. Under the city's campaign finance laws, anyone who receives a city contract cannot give more than $500 to local PACs up to one year before they begin bidding. Cooper Levenson says it didn't break the law but asked for the return of the contribution out of caution.
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Mo. court sides with immigrant in adoption appeal
Headline Legal News |
2011/01/26 17:16
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The Missouri Supreme Court ruled Tuesday that state adoption laws were not followed in terminating the parental rights of a Guatemalan woman who was caught up in a 2007 immigration raid and allowing her son to be adopted by an American couple. But the decision doesn't automatically return the now 4-year-old child to his birth mother, Encarnacion Bail Romero. The court instead ordered the completion of mandatory reports about Romero, the adoptive parents and the boy, and a new trial regarding Romero's parental rights. Judge Patricia Breckenridge, who wrote the majority opinion for the seven-member court, said another hearing would be required because the evidence in the case suggested abandonment. In a footnote, Breckenridge expressed concern about how the case played out, and three other judges indicated they would have reversed the adoption. "Every member of this court agrees that this case is a travesty in its egregious procedural errors, its long duration and its impact on mother, adoptive parents and, most importantly, child," Breckenridge wrote. Romero was arrested during an immigration sweep at a poultry plant, and sentenced to two years in a federal prison after pleading guilty to aggravated identity theft. Since leaving prison last year, she has been seeking to regain custody of her son, Carlos, who has lived with Seth and Melinda Moser, of Carthage, since he was about 1 year old. Another couple who had been helping Romero's family care for Carlos after his mother's arrest had contacted the Mosers about adopting him. The boy was born in the U.S. and is a U.S. citizen. Romero was not immediately deported after serving her sentence so she could challenge the adoption, according to her attorneys. |
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