The Supreme Court appeared divided Monday in two cases in which businesses are trying to make it harder for customers or investors to band together to sue them.
The justices heard arguments in appeals from biotech company Amgen Inc. and cable provider Comcast Corp. that seek to shut down class-action lawsuits against the businesses.
Amgen is fighting securities fraud claims that misstatements about two of its drugs used to treat anemia artificially inflated its stock price. Comcast is facing a lawsuit from customers who say the company's monopoly in parts of the Philadelphia area allowed it to raise prices unfairly.
Last year, the Supreme Court raised the bar for some class-action suits when it sided with Wal-Mart against up to 1.6 million of its female employees who complained of sex discrimination. In the Wal-Mart case, the court said there were too many women in too many jobs at the nation's largest private employer to wrap into one lawsuit.
Class actions increase pressure on businesses to settle suits because of the cost of defending them and the potential for very large judgments.
Connecticut pension funds that sued Amgen said lower courts correctly ruled that the case could move forward as a class action. The issue at the Supreme Court is whether the pension funds have to show at an early stage of the lawsuit that Amgen's claims about the safety and effectiveness of the drugs Aranesp and Epogen affected the stock price.
Several justices indicated they had no problem with the idea that, unlike in the Wal-Mart case, all the Amgen investors were in the same boat and could clear an early hurdle that tripped up the Wal-Mart employees.
Thursday, November 8, 2012
Tuesday, October 16, 2012
DUI Defense Attorney in Pittsburg
When you are charged with a DUI, carefully choosing a lawyer to defend your case is a crucial step. If you are convicted for driving under the influence, there can be many challenges or potential hindrances that may come your way. Hiring a knowledgeable attorney who is familiar in all areas of DUI law can increase your chances of lowering your penalties involved in drunk driving. Your freedom is at stake and this could be an extremely stressful time for you and your family.
Like all cases, depending on the specific circumstances of your DUI charge and it's evidence thats available. A skilled lawyer will know what to look for and how to use important evidence and facts to create a viable defense on your part for a successful outcome. When you are accused of driving under the influence, there are several questions you have to consider such as: did the officer have cause to stop you and cause to have you perform a field sobriety test? Were the field sobriety tests valid? Do they have a correlation to intoxication? Do you have any medical problems that might have impacted your performance on field sobriety tests?
Dealing with a DUI conviction could be messier than you can imagine. There are many processes that are involved because DUIs are never taken lightly. Picking apart the police report and criminal complaint are also basic that should be considered in every case.
If you find yourself in need of a DUI defense attorney, you can turn to attorney Gerald B McNamara. To schedule an appointment to speak about your case, call 412-429-4360 or visit him on the web at http://www.gbmlawpittsburgh.com/criminal-defense/dui
Like all cases, depending on the specific circumstances of your DUI charge and it's evidence thats available. A skilled lawyer will know what to look for and how to use important evidence and facts to create a viable defense on your part for a successful outcome. When you are accused of driving under the influence, there are several questions you have to consider such as: did the officer have cause to stop you and cause to have you perform a field sobriety test? Were the field sobriety tests valid? Do they have a correlation to intoxication? Do you have any medical problems that might have impacted your performance on field sobriety tests?
Dealing with a DUI conviction could be messier than you can imagine. There are many processes that are involved because DUIs are never taken lightly. Picking apart the police report and criminal complaint are also basic that should be considered in every case.
If you find yourself in need of a DUI defense attorney, you can turn to attorney Gerald B McNamara. To schedule an appointment to speak about your case, call 412-429-4360 or visit him on the web at http://www.gbmlawpittsburgh.com/criminal-defense/dui
Monday, August 6, 2012
Ga. court ruling could tighten foreclosure rules
A court ruling in Georgia could force those foreclosing on homes to disclose who actually owns the loan.
The Atlanta Journal-Constitution reports that the July 12 ruling by the Georgia Court of Appeals applies mostly to foreclosures that happened from 2008 to 2011. It could leave banks vulnerable to lawsuits filed by those who lost their homes. It could also have consequences for ongoing foreclosures.
The ruling last month said that the name of the owner of a mortgage must appear in foreclosure filings and notices sent to delinquent borrowers. The notice must also reflect whether it was sent by the secured creditor or someone acting on the creditor's behalf.
Many lenders sell their loans to mortgage services that handle paperwork but don't own the loans.
The Atlanta Journal-Constitution reports that the July 12 ruling by the Georgia Court of Appeals applies mostly to foreclosures that happened from 2008 to 2011. It could leave banks vulnerable to lawsuits filed by those who lost their homes. It could also have consequences for ongoing foreclosures.
The ruling last month said that the name of the owner of a mortgage must appear in foreclosure filings and notices sent to delinquent borrowers. The notice must also reflect whether it was sent by the secured creditor or someone acting on the creditor's behalf.
Many lenders sell their loans to mortgage services that handle paperwork but don't own the loans.
Thursday, June 14, 2012
Eugene Family Law Firm - MJM Law Office, P.C.
MJM Law Office, P.C. represents men and women throughout Lane County and surrounding areas in family law cases. Mr. Mizejewski understands the emotional turmoil that can accompany a change in your family dynamics, and he strives to protect your interests. Working in the Eugene, Oregon area, MJM Law Office represents most family law matters including: divorce, child custody, parenting time, child/spousal support, domestic violence, and juvenile dependency and delinquency. Oregon’s divorce laws are codified in Chapter 107 of the Oregon Revised Statutes. Oregon is a no-fault divorce state, which means that the only legal reason required to file a divorce is that you and your spouse cannot get along, and you see no way of settling your problems. The legal term for this is "irreconcilable differences." No evidence of fault or misconduct is required or involved, unless there has been misconduct relating to child custody.
MJM Law Office is an experienced family law firm located in Eugene, Oregon and consistently fight hard for the rights of the victims of family matters and cases. Their attorneys are able to ease one of the most emotionally draining and difficult experiences and ensure that your rights are protected. Let them help you prepare for the future and move on with your life. Visit mjmlawoffice.com for more information.
MJM Law Office is an experienced family law firm located in Eugene, Oregon and consistently fight hard for the rights of the victims of family matters and cases. Their attorneys are able to ease one of the most emotionally draining and difficult experiences and ensure that your rights are protected. Let them help you prepare for the future and move on with your life. Visit mjmlawoffice.com for more information.
Indianapolis Legal Malpractice Law Firm - Price Waicukauski & Riley, LLC
If you have suffered financial loss due to the negligence of your attorney, you may have a claim for legal malpractice. Proving legal malpractice can be complex and many firms shy away from this type of work.
Legal malpractice occurs when an attorney's conduct falls below the standard of care to be expected of a lawyer, causing damage to the client. Examples of Legal Malpractice include:
Legal malpractice occurs when an attorney's conduct falls below the standard of care to be expected of a lawyer, causing damage to the client. Examples of Legal Malpractice include:
- When a lawyer fails to file a claim within the applicable statute of limitation.
- When a lawyer fails to meet a deadline that causes a client's case to be dismissed.
- When a lawyer makes a serious mistake when writing a contract or a will that results in a loss to the client.
- It is not legal malpractice just because a client loses a case. There must be evidence that the lawyer handled a matter so poorly as to fall below the standard expected of a lawyer.
Tuesday, June 12, 2012
2 men sentenced in Palin lawyer harassment case
Two Pennsylvania men convicted of harassing Sarah Palin's Alaska lawyers were sentenced Friday to time served and five years' probation, with the proceedings briefly halted after a short outburst in court by one of the defendants.
During his sentencing in U.S. District Court in Anchorage, 20-year-old Shawn Christy said the judge's order that he live up to six months in a Pennsylvania community re-entry program was "ridiculous."
His father, Craig Christy, 48, was ordered to perform community service.
The Christys, of McAdoo, Pa., pleaded guilty in January to making harassing phone calls to Palin's attorneys. Attorney John Tiemessen testified that the men's calls threatened Palin and attorneys. Both Christys apologized Friday for their actions.
Shawn Christy was released and sent back to Pennsylvania last month after an evaluation report said he wasn't a danger to the public.
During his sentencing in U.S. District Court in Anchorage, 20-year-old Shawn Christy said the judge's order that he live up to six months in a Pennsylvania community re-entry program was "ridiculous."
His father, Craig Christy, 48, was ordered to perform community service.
The Christys, of McAdoo, Pa., pleaded guilty in January to making harassing phone calls to Palin's attorneys. Attorney John Tiemessen testified that the men's calls threatened Palin and attorneys. Both Christys apologized Friday for their actions.
Shawn Christy was released and sent back to Pennsylvania last month after an evaluation report said he wasn't a danger to the public.
Friday, May 11, 2012
NY court upholds firing of hedge fund officer
New York's top court has upheld the firing of a hedge fund compliance officer who says he confronted its chief executive about improperly selling personal stock before doing the same for clients.
The Court of Appeals ruled 5-2 in rejecting Joseph Sullivan's damages claim against Peconic Partners, Peconic Asset Management and fund President William Harnisch.
The majority says New York common law generally gives an employer the "unimpaired" right to fire an at-will employee, with a few exceptions. It says there is no exception for wrongful discharge of a hedge fund's compliance officer.
Dissenters say the court should expand an exception it has carved out for lawyers who get fired for insisting on professional ethics. They say the majority ruling "facilitates the perpetuation of frauds."
The Court of Appeals ruled 5-2 in rejecting Joseph Sullivan's damages claim against Peconic Partners, Peconic Asset Management and fund President William Harnisch.
The majority says New York common law generally gives an employer the "unimpaired" right to fire an at-will employee, with a few exceptions. It says there is no exception for wrongful discharge of a hedge fund's compliance officer.
Dissenters say the court should expand an exception it has carved out for lawyers who get fired for insisting on professional ethics. They say the majority ruling "facilitates the perpetuation of frauds."
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