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Soldiers seek foreclosures class action
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2011/07/14 22:21
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Lawyers said they hope to get class action certification in New York for an increasing number of active-duty U.S. soldiers fighting mortgage foreclosures.
A federal lawsuit filed in the U.S. District Court in New York alleges CitiMortgage should have done a quick Internet check before foreclosing on the home of Army Sgt. Jorge Rodriguez of Del Valle, Texas, the Pittsburgh Post-Gazette reported Thursday.
In 2003, Rodriguez purchased a home with a mortgage eventually sold to CitiMortgage. He was deployed in 2006, and while he was in training at Fort Hood, Texas, the mortgage company sold his home in a foreclosure sale, the newspaper said.
Rodriguez was sent to Iraq and was on active duty until August 2007.
The federal Servicemembers Civil Relief Act prohibits the foreclosure sale of an active-duty soldier's home without a highly detailed court order. Lenders can access a certain Web site to learn whether a soldier is on active duty, the newspaper said.
It's just an issue that we have seen percolating throughout the country, said Gary Lynch of Sewickley, Pa., an attorney for the plaintiffs. Major lenders operated on perhaps what might be a fundamental misunderstanding of the requirements of the statute.
The complaint indicates CitiMortgage may have initiated thousands of foreclosure proceedings ... without adequate safeguards to ensure that service members on active duty were not targeted. |
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Strauss-Kahn's French accuser heard by police
Headline Topics |
2011/07/12 04:24
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A French writer who contends that former International Monetary Fund chief Dominique Strauss-Kahn tried to rape her gave a statement to French police investigators on Monday, a judicial official said.
Tristane Banon brought a criminal complaint last week, and the Paris prosecutor's office has opened a preliminary investigation into her allegations that Strauss-Kahn attacked her in an empty apartment during a 2003 interview.
A judicial official speaking on condition of anonymity in accordance with French judicial regulations said police heard from Banon on Monday.
Banon made no official report of being victimized after the alleged attack eight years ago. Her lawyer, however, said he has evidence, including text messages related to the incident, and Banon has explained that her mother — a Socialist Party politician — dissuaded her from making a complaint immediately after the alleged incident.
A prominent Socialist, Strauss-Kahn had been seen as a leading potential contender and challenger to conservative President Nicolas Sarkozy for next year's elections — until the New York hotel incident embarrassed Strauss-Kahn's party and left him in the political wilderness.
Banon has told L'Express magazine that during an interview for a book project, Strauss-Kahn grabbed her hand and arm before the two fell to the floor of his apartment and fought for several minutes, with the politician trying to open her jeans and bra and putting his fingers in her mouth and underwear. |
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14.5 Million Dollar Jury Verdict Awarded Against State Farm Insurance
Headline Topics |
2011/07/04 00:14
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A six-week trial in Hamilton County Court ended yesterday afternoon with the award of a $14.5 million jury verdict for Joseph Radcliff and his restoration company, CPM Construction of Indiana, against State Farm Insurance.
State Farm had filed suit for insurance fraud and RICO (Racketeer Influenced and Corrupt Organizations) claims against Radcliff and CPM.nbsp; The case arose out of work done by Radcliff and CPM following the April 2006 hailstorm.nbsp; Radcliff and CPM’s allegations were that after State Farm received negative publicity in the Indianapolis media for denying hail damage claims, State Farm made unfounded claims of fraud against Radcliff and instigated the filing of felony charges against him.nbsp; Those charges were dismissed by the Marion County Prosecutor, but the negative publicity resulted in Radcliff’s personal reputation and business being destroyed.
Not only did the jury find that State Farm’s claims against Radcliff were baseless, but they also found that the Radcliff’s allegations of being defamed by State Farm were true. The jury ordered State Farm to pay Radcliff $14.5 million.
Radcliff was represented by Will Riley, lead trial counsel of the law firm Price Waicukauski amp; Riley, LLC along with attorneys Joe Williams, James Piatt and Jamie Kendall of the same firm and Mark McKinzie, Partner in the law firm Riley Bennett amp; Egloff LLP.
Riley stated, “It was a tribute to the American jury system that one man can take on the largest insurance company in the nation and win.”nbsp; McKinzie agreed, stating “This sends a strong signal to Bloomington, Illinois that Hoosiers will not put up with this sort of conduct.” Radcliff commented “I am grateful to those who believed in me and helped me get the true facts before the jury and to the jury for giving me, and my failed company, justice.”
Price Waicukauski amp; Riley, LLC is a law firm known for its representation of clients in complex litigation. Riley Bennett amp; Egloff, LLP is a law firm known for advising and representing businesses and their owners in various litigation matters. |
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Former Wyoming governor joins law firm
Headline Topics |
2011/07/03 00:14
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Former Wyoming Gov. Dave Freudenthal has joined the international law firm of Crowell amp; Moring as senior counsel.
Freudenthal says in a telephone interview with The Associated Press that the firm will open an office in Cheyenne, where he will be based. He will work for the firm's Environment and Natural Resources Group.
He says he will advise clients on issues that he handled during his two terms as governor, including minerals, natural resources development and environmental permitting.
Freudenthal says he will continue to teach at the University of Wyoming College of Law and serve on the Arch Coal Inc. board of directors.
Crowell amp; Moring has nearly 500 lawyers with offices in Washington, New York, Los Angeles, London, Brussels and elsewhere. |
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Mich. man sues, wants Chevron stock at '04 price
Headline Topics |
2011/07/03 00:14
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A former lawyer intrigued by the global demand for energy says he chose to invest $100,000 in oil giant Chevron Corp. back in 2004, a smart stock bet that now would have doubled seven years later.
But Perry Christy has a big problem: He says Chevron's stock agent never deducted money from his bank account. As a result, he has no records to show he actually owns a certain number of shares.
So Christy, 69, is suing Chevron and Mellon Investor Services and seeking an extraordinary remedy. He wants a federal judge to declare that he should be credited with buying the stock at a June 2004 price, plus any additional shares that would have piled up by reinvesting dividends. Then he'll pay $100,000.
Based on the terrific rise in San Ramon, Calif.-based Chevron's stock, it would be like winning the lottery—and then buying a ticket.
There was some kind of mix-up on the day I placed the order, Christy insisted in an interview at his home in the Detroit suburb of Northville. Whether mechanical or electronic, I don't think we'll ever know. But it's their screw-up. When you deal with any large bureaucracy, people are focused on their own narrow niche.
After more than a year in court, Chevron and Mellon smell a scam and want the case dismissed, even suggesting that Christy's story of a genuine yet botched investment simply is a lie. |
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US top court upholds $270 million award to smokers
Headline Topics |
2011/06/28 12:30
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div class=entrydiv class=articlepThe US Supreme Court rejected an appeal request made by American tobacco companies on Monday in a class-action lawsuit that awarded 500,000 smokers a total of $270 million in damages./ppWithout comment, the highest US court dismissed the appeal of a 2009 Louisiana court decision that ruled the tobacco companies must pay hundreds of millions for programs to help the smokers quit./ppThe tobacco companies contested the lawsuit and argued that the class-action lawsuit brought together a number of disparate and individual complaints that spanned more than 50 years./ppThey said that by allowing the class-action suit, the companies were deprived of their right to investigate the individual plaintiffs and they could not all prove that they had suffered harm./p/div
/div |
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Toyota class action suit to start with Utah case
Headline Topics |
2011/06/24 22:31
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The first lawsuit to go to trial in a massive class action against Toyota Motor Corp. over acceleration problems that led the company to recall 14 million cars will involve a crash that killed two people in western Utah, a federal judge said Friday.
U.S. District Judge James Selna told attorneys the case of 38-year-old Charlene Jones Lloyd and 66-year-old Paul Van Alfen, whose Toyota Camry slammed into a wall in Utah in 2010, is scheduled to go to trial in February 2013.
The case - Van Alfen v. Toyota Motor Sales, U.S.A., Inc. - will be the first of several bellwether lawsuits, intended to determine how the rest of the litigation will proceed.
Selna wrote in a tentative order that he hoped the selection would markedly advance these proceedings.
The Court believes that selection of a personal injury/wrongful death case is most likely the type of case to meet that goal, Selna said.
Toyota said it welcomes the Utah case as the first suit to reach court.
We are pleased that the initial bellwether will address plaintiffs' central allegation of an unnamed, unproven defect in Toyota vehicles, as every claim in the multi-district litigation rests upon this pivotal technical issue, the company said in a statement.
Toyota has previously argued the plaintiffs have been unable to prove that a design defect in its electronic throttle control system is responsible for vehicles surging unexpectedly. It has instead blamed driver error, faulty floor mats and sticky accelerator pedals. |
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