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Pa. appeals court upholds $188M Wal-Mart verdict
Industry News |
2011/06/24 22:31
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A $188 million class-action verdict against Wal-Mart Stores Inc. and Sam's Club over payment to employees for rest breaks and off-the-clock work was upheld Friday by a Pennsylvania appeals court.
A three-judge Superior Court panel said there was sufficient evidence at trial to conclude there had been a breach of contract, unjust enrichment and violations of state labor laws.
The judges also ruled in a 211-page opinion that the presiding Philadelphia judge erred in determining some of the plaintiffs' legal fees, and sent that part of the case back for recalculation.
The 2006 trial, which lasted 32 days, resulted in a finding that Wal-Mart did not pay employees for all the work they performed and did not let them take their paid, mandatory rest breaks, the judges wrote. The court awarded $46 million in attorneys' fees.
Wal-Mart spokesman Greg Rossiter said the retail giant believes the court decision was wrong in a number of respects and looks forward to additional review in the courts. |
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Va suit settled over coalbed methane rights
Headline Topics |
2011/06/23 22:31
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Southwest Virginia landowners have reached a $3.4 million tentative settlement in a class-action lawsuit over coalbed methane rights.
The Bristol Herald Courier reports Wednesday's settlement would be split among 1,850 landowners.
The federal lawsuit alleged that Chesapeake Energy Corp. subsidiary Chesapeake Appalachia underpaid royalties to landowners for decades.
The settlement will be made final at a hearing Oct. 4.
Other similar class-action lawsuits are pending in federal court in southwest Virginia involving CNX Gas Co. and EQT Production Co. |
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2011 Chambers USA Guide Ranks 9 Greenberg Traurig Phoenix Attorneys
Press Release |
2011/06/22 22:31
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Chambers and Partners, an annual guide featuring the leading U.S. lawyers and law firms, announced that 9 attorneys from Greenberg Traurig’s Phoenix office have been selected for inclusion in its Chambers USA 2011 guide. Chambers and Partners selects attorneys based upon thousands of interviews with practicing lawyers and with clients around the world. This stringent research and review process yields an exclusive compilation of the leading attorneys in their respective fields.
The following Greenberg Traurig Phoenix attorneys have been honored by Chambers USA in its 2011 Guide:
nbsp;nbsp; Brian H. Blaney - Corporate/Mamp;A
nbsp;nbsp; Rebecca Lynne Burnham - Real Estate
nbsp;nbsp; Robert S. Kant - Corporate/Mamp;A
nbsp;nbsp; Leslie Klein - Labor amp; Employment: Employee Benefits amp; Compensation
nbsp;nbsp; Bruce E. Macdonough - Corporate/Mamp;A
nbsp;nbsp; Daniel B. Pasternak - Labor amp; Employment
nbsp;nbsp; Lawrence J. Rosenfeld - Labor amp; Employment
nbsp;nbsp; Lesa J. Storey - Real Estate
nbsp;nbsp; Quinn Williams - Corporate/Mamp;A
About Greenberg Traurig, LLP
Greenberg Traurig, LLP is an international, full-service law firm with approximately 1800 attorneys serving clients from more than 30 offices in the United States, Europe and Asia. In the U.S., the firm has more offices than any other among the Top 10 on The National Law Journal’s 2011 NLJ 250. In the U.K., the firm operates as Greenberg Traurig Maher LLP. Greenberg Traurig has a strategic alliance with the independent law firm, Studio Santa Maria in Milan and Rome. The firm was Chambers and Partners' USA Law Firm of the Year in 2007 and among the Top 3 in the International Law Firm of the Year at the 2009 The Lawyer Awards. For additional information, please visit http://www.gtlaw.com. |
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Kansas court system works to improve efficiency
Topics |
2011/06/21 10:33
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Judges and court workers have completed the data-collection part of a study aimed at making Kansas' court system more efficient.
The Wichita Eagle reported that the data will be analyzed by the National Center for State Courts. That national nonprofit group works to improve the justice system and lobbies on behalf of courts at the federal level.
The results of the $200,000 consultant study of how judges and other court workers spend their time will go to a panel that will recommend changes if they are needed.
Kansas Supreme Court Chief Justice Lawton Nuss said the panel also is gathering public input on ways to improve the courts. The two initiatives are called Project Pegasus, after the winged horse in Greek mythology.
The goal is to prevent situations like last year when courts were closed four days.
When our budget is cut or when we don't have enough money, it is our people who suffer, they're the ones who have to get sent home, Nuss told members of the Wichita Pachyderm Club, a Republican group, this past week. Unfortunately that also comes at the expense of Kansas citizens, because when we have no money and we have to close the courts, the citizens no longer have access to justice.
Nuss said most of the consultant study is being paid for mostly from salary and benefit savings accrued after appellate Judge Jerry Elliott died in April of last year and former Supreme Court Chief Justice Robert Davis died last August. |
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Zelle Hofmann Voelbel Mason LLP Announce Notice of Class Action
Industry News |
2011/06/20 08:22
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Plaintiffs claim that the Defendants conspired to fix, raise, maintain or stabilize prices of SRAM in violation of antitrust, unfair competition and unjust enrichment laws, resulting in overcharges to customers who indirectly purchased SRAM. Defendants deny that they did anything wrong. The court has not decided who is right. Defendants Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung Semiconductor, Inc. and Defendant Cypress Semiconductor Corp. (the Settling Defendants) have agreed to settle with Plaintiffs; they continue to deny liability, but settled to avoid litigation expense and risk.
Who's Included?
You are a member of the Settlement Class and could get benefits if you indirectly purchased SRAM from one of the Defendants in the United States during the period November 1, 1996 through December 31, 2006. SRAM is a memory part or module that is sold by itself or as a part in electronic devices.
What Does the Settlement Provide?
The Settling Defendants have agreed to pay a total of $15,900,000. Copies of the Settlement Agreements are available at the website below. In 2010, the Court approved settlements with other defendants that total $25,422,000 (the 2010 Settlements); those settlements are now final and binding on the Settlement Class.
How Will the Money Be Distributed?
The total Settlement Fund from all settlements is $41,322,000. The Settlement Class includes indirect purchasers of SRAM that resold Defendants' SRAM (Resellers), as well as indirect purchasers of Defendants' SRAM that purchased it for their own use and not for resale (End Users). The Net Settlement Fund (the Settlement Fund minus court-approved costs, attorneys' fees and incentive awards), will be distributed as follows: (1) 36.7% of the Net Settlement Fund will be distributed to qualified Resellers through a court-approved claims process; and (2) 63.3% of the Net Settlement Fund will be distributed via a court-approved cy pres plan to non-profit charities for the benefit of End Users. The cy pres portion of the distribution plan is due to the high cost of processing claims and making direct cash distributions to many thousands of potential claimants relative to the average likely award to those claimants. Under the cy pres plan of distribution, payments will not be made to individual class members; instead, that portion of the Net Settlement Fund will be distributed to court-approved non-profit charities. Go to the website below to see the distribution plan details or the proposed list of non-profit charities. Unclaimed funds from the Reseller claims process, if any, will be added to the cy pres distribution. Class Counsel will request attorneys' fees in the amount of one-third of the Settlement Fund, reimbursement of their costs and expenses, and incentive payments for the court-appointed class representatives. The attorneys' fees application shall be filed by August 1, 2011, and will be posted on the case website.
Who Represents You?
The Court has appointed Zelle Hofmann Voelbel amp; Mason LLP as Class Counsel. You do not have to pay these lawyers to represent you. You may hire your own attorney, if you wish; however, you will be responsible for your own attorney's fees and expenses.
What Are Your Options?
If you do not want to be a part of the Settlement Class or legally bound by the Samsung and Cypress settlements, you must exclude yourself from the Settlement Class. You may not exclude yourself from the 2010 Settlements. To exclude yourself from the Settlement Class, you must do so in writing, postmarked no later than August 25, 2011.
The Court has scheduled a Fairness Hearing for October 6, 2011 and will consider whether to approve the proposed settlements, distribution plan and requests for attorneys' fees, costs and incentive payments. This date may change without further notice. Any new hearing date or time will be posted on the website below.
You may object to or comment on any part of the proposed settlement. Your objection/comment must be filed with the Court by August 25, 2011. You may also request in writing to speak at the Final Approval Hearing.
If you are a Reseller and want to make a claim, or for more information, you may 1) write to SRAM Indirect Litigation, P.O. Box 8090, San Rafael, CA 94912, 2) call the toll free phone number 1-866-252-7551, or 3) visit the website www.indirectsramcase.com |
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Class-action lawsuit has been filed against infrastructure products
Network News |
2011/06/20 08:17
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A class-action lawsuit has been filed against infrastructure products maker Armtec Infrastructure Inc. alleging the company broke securities laws when it instituted a dividend, later to cancel it after it became unsupportable by earnings.
The suit filed in Ontario Superior Court on behalf of investors who bought shares between March 30 and June 8 alleges that Armtec should have known when it raised capital in the public market that it did not have sufficient earnings to pay dividends.
Through this class action, we hope to determine precisely what the defendants knew about Armtec's financial results when Armtec raised more than $50 million from investors, lawyer Jay Strosberg of Sutts, Strosberg LLP said in a statement.
Armtec shares plummeted earlier this month after the Ontario-based announced a widening of its first-quarter loss and the planned suspension of the 40 cent per share dividend. The dropped 22 cents or six per cent to $3.43 in early trading Friday on the Toronto Stock Exchange.
Class action lawsuits must be certified by a judge in order to proceed. None of the allegations against Armtec have been proven in court.
In a statement issued late Friday, Armtec said it was confident that there are no grounds for a lawsuit to succeed.
If, however, this suit proceeds, Armtec will defend it vigorously based on, amongst other things, Armtec's disclosure of the risk factors associated with its business and to the payment of a dividend.
The Guelph-based company, which makes construction materials such as precast concrete and tubing, said business was hurt by an unusually late and wet spring across the country during the quarter and ended up with a payout significantly in excess of free cash flow.
The company said it had to meet certain terms in its credit facilities and meet earnings tests on senior notes to be permitted to pay dividends. |
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Chandler steps down as head of Del. Chancery Court
Headline Topics |
2011/06/20 04:22
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William Chandler III never realized his young man's dream of becoming a university professor, yet he has managed to pass on plenty of lessons to students of American law and business.
Chandler, 60, is retiring this week as head of Delaware's Court of Chancery, which rules over corporate law in a state that is the legal home to more than half of all publicly traded U.S. companies, including about two-thirds of the Fortune 500.
Chandler's decision to join a Silicon Valley-based law firm, where he will focus on advising corporate clients and working behind the scenes on litigation strategy, comes after 26 years on the bench, including eight years as a vice chancellor on the five-member court and 14 as chancellor.
But Chandler, who also served as a Superior Court judge before being appointed a vice chancellor, never envisioned himself wearing a black robe.
After obtaining his law degree from the University of South Carolina and clerking for a federal judge in Wilmington, Chandler went to Yale University law school with his eye on a master's degree and a dream of becoming a professor. |
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