Court won't stop class-action suit against Pella
Headline Legal News | 2011/01/18 20:35

The Supreme Court won't stop the class-action certification of a lawsuit against Pella Corp. over a purported defect in one of its windows.

The high court on Tuesday refused to hear an appeal from the window-maker.

The lower courts have certified a class-action lawsuit against Pella. The lawsuit alleges that Pella's aluminum clad wood "Proline" casement windows have a design defect that allows water to seep behind the aluminum cladding. They claim that allows the wood to rot at an accelerated rate, and that Pella committed consumer fraud by not declaring publicly the role that the purported design flaw had in the rot.

But Pella fought the class-action certification, saying consumer fraud claims are inappropriate for class treatment.



Judge approves $179M settlement for AK Steel retirees
Headline Legal News | 2011/01/11 17:11

U.S. District Judge Timothy Black has approved a previously disclosed $179 million settlement and entered a final judgment in a dispute between AK Steel and retirees at its Butler, Pa., steel plant.

The AK Steel retirees had filed a class-action lawsuit in June 2009 to stop the company from making changes to their health insurance benefits. It had started making retirees pay a portion of their premiums in January 2010.

West Chester-based AK Steel is the largest Dayton-area company, with more than $4 billion in revenue.

Under the terms of the settlement, AK Steel will continue to pay for the benefits through 2014 and also pay $91 million to two trusts to cover future benefits for hourly and salaries retirees.

In return, the company has been relieved of liability for any benefits after 2014, and the lawsuit was dismissed.



Court: Couple Can't Have Adult Child's Records
Headline Legal News | 2011/01/03 17:07

An Iowa couple cannot have access to their adult child's physical and mental health records after being denied visitation with their grandson, the Iowa Supreme Court ruled Thursday.

The court issued its ruling in the Plymouth County case between Jerry and Susan Ashenfelter and their daughter, Amy Mulligan. The Ashenfelters sought their daughter's records after she decided it was in her 6-year-old son's best interest not to have contact with them.

A district court ordered Mulligan to produce her physical and mental health records to her parents, because the Ashenfelters had to prove their daughter was unfit to make a decision regarding grandparent visitation.

Mulligan appealed and the Supreme Court reversed the district court's decision, deciding that the records were protected by Mulligan's constitutional right to privacy.

"The district court abused its discretion in ordering Amy to produce her medical and mental health records to the Ashenfelters," the court wrote.

The high court's ruling refers to the Ashenfelters' request for a 2008 commitment court file, notes, records and reports from counseling sessions at a sexual assault and domestic violence center but does not elaborate. But no commitment file existed because Mulligan was hospitalized voluntarily, the court said.



Mont. Supreme Court considers access restrictions
Headline Legal News | 2010/12/20 03:30

The Montana Supreme Court is considering restrictions to public access of certain information now available throughout the court system, including a proposal to seal all documents filed in family law cases except for final orders.

Freedom of information advocates say the proposals are unnecessary and would run counter to the right-to-know provisions in the state constitution.

The Supreme Court put the recommendations out for public comment on Dec. 7. The comment period will last for 90 days.

State Law Librarian Judith Meadows, one of the authors of the proposals, said a change is needed because the court system's existing privacy rules aren't being applied evenly and people not represented by lawyers don't understand them.

That means sensitive information about children involved a custody dispute, divorce or another court proceeding could find its way to the Internet, where it could be gathered by child predators or be used to bully a child, Meadows said.



Searchers seek gunman in Utah ranger shooting
Headline Legal News | 2010/12/16 07:24
Searchers combed the rugged red rock terrain near Moab for a third day Monday in their hunt for a possibly armed and dangerous man they believe was involved in the shooting of a Utah park ranger.

The target of their manhunt was Lance Leeroy Arellano, 40, who officials believe may be wounded and in need of medical help after the shootout late Friday. Authorities have recovered a rifle, backpack and a tattered, bloody T-shirt while searching for Arellano over the weekend in a canyon along the Colorado River.

The ranger, Brody Young, 34, suffered injuries to an arm, leg and his stomach area, and underwent surgery over the weekend, Grand County Sheriff Jim Nyland said. A spokeswoman for St. Mary's Hospital in Grand Junction, Colo., said Monday that Young is listed in serious condition.

The shootout occurred after Young stopped a vehicle near the Poison Spider Mesa Trail southwest of Moab near the Colorado River. The scenic trail, among Utah's best-known biking runs, rises more than 1,000 feet into the surrounding countryside.

Authorities have not yet been able to interview Young, and it remained unclear what sparked the violence.

More than 160 law enforcement officers spent the weekend searching a 15-square mile area near eastern Utah's Dead Horse State Park. Nyland has said the area's rugged terrain likely has given Arellano the "upper hand" in avoiding capture.

"He pretty much knows where we are at all times because of the number of people we have," Nyland said at a press conference.



Leaked US cables reveal sensitive diplomacy
Headline Legal News | 2010/11/29 05:13

Hundreds of thousands of State Department documents leaked Sunday revealed a hidden world of backstage international diplomacy, divulging candid comments from world leaders and detailing occasional U.S. pressure tactics aimed at hot spots in Afghanistan, Iran and North Korea.

The classified diplomatic cables released by online whistle-blower WikiLeaks and reported on by news organizations in the United States and Europe provided often unflattering assessments of foreign leaders, ranging from U.S. allies such as Germany and Italy to other nations like Libya, Iran and Afghanistan.

The cables also contained new revelations about long-simmering nuclear trouble spots, detailing U.S., Israeli and Arab world fears of Iran's growing nuclear program, American concerns about Pakistan's atomic arsenal and U.S. discussions about a united Korean peninsula as a long-term solution to North Korean aggression.

There are also American memos encouraging U.S. diplomats at the United Nations to collect detailed data about the U.N. secretary general, his team and foreign diplomats — going beyond what is considered the normal run of information-gathering expected in diplomatic circles.

None of the revelations is particularly explosive, but their publication could prove problematic for the officials concerned. And the massive release of material intended for diplomatic eyes only is sure to ruffle feathers in foreign capitals, a certainty that prompted U.S. diplomats to scramble in recent days to shore up relations with key allies in advance of the disclosures.



$450m class action launched against NAB
Headline Legal News | 2010/11/26 05:15

A $450 million class action is being launched on behalf of National Australia Bank shareholders who lost money during the global financial crisis because of NAB's exposure to toxic debt.

Legal firm Maurice Blackburn will lodge the claim in a Victorian court tomorrow.

The firm says NAB had bought $1.2 billion in collateralised debt obligations (CDO) in 2006 which had a heavy exposure to the US sub-prime housing market.

It will allege that between early January and late July that year, NAB failed to properly disclose to shareholders all material information relating to its CDO exposure.



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