Limits on class-action lawsuits at Supreme Court

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.

Pittsburgh Violent Crime Attorneys

If you are facing charges for a crime of violence in Pennsylvania, you want an attorney who is going to be involved as early as possible in the process, even before you are arrested.  You want an attorney who will investigate whether you have an active defense to the charges, such as self-defense or defense of others.  You want an attorney who will challenge each part of the police investigation to ensure that your rights have not been violated.  You want an attorney who is going to stand by your side when it seems the whole world is against you. I am that attorney.

When I take your case, I work closely with a highly skilled investigative team to ensure that no investigative lead or piece of physical evidence is overlooked. The strength of the evidence will let us know how strong the prosecutor’s case is against you. I work with experienced former police investigators and detectives who never leave any evidentiary stone unturned.  They utilize their skills to interview witnesses, examine crime scenes and gather evidence.  We cannot rely solely upon the police investigation, so it is only after we conduct our own investigation that we can properly examine the evidence against you.

Once we have an understanding of the witnesses and evidence that are going to be used against you, we can plan your defense.  When planning your defense, we not only take into account the evidence against you, but we also structure your defense to fit your circumstances.  Each case is different because each person is different. 

Contact Our Pennsylvania Criminal Defense Lawyers
If you have been arrested for a crime of violence, are the target of an investigation, or even think that you might be the target of an investigation, the time to contact an attorney is now.  It is never too soon to have an attorney in your corner, standing by your side and defending your rights.  Please call me today for a free consultation at 412-429-4360, email me at info@gbmlawpittsburgh.com or contact me online at http://www.gbmlawpittsburgh.com/criminal-defense/violent-crimes

Las Vegas Personal Injury Attorneys - Maier Gutierrez Ayon, PLLC

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Florida Construction Law Attorney - Heitman Law Firm, PL.

Our law firm follows the same rules handling your case that you use on the jobsite to build your projects. Our work is Plumb Square and Level.  When we say plumb, we mean that we are straight up with you. We evaluate your case and tell you where you stand legally, allowing you to make sound business decisions. Square means that we don’t cut corners in protecting our Client’s legal rights whether in drafting your contracts or handling your construction disputes.

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Feds and Florida headed to court over voter purge

The administration of Florida Gov. Rick Scott is headed to a legal showdown with two different federal agencies over a contentious voter purge.
Florida filed a lawsuit in a federal court in Washington D.C., demanding that the state be given the right to check the names of its registered voters against an immigration database maintained by the U.S. Department of Homeland Security.
The lawsuit came the same day that the U.S. Department of Justice announced its plan to ask a federal court to block the state from pushing ahead with removing potential non-U.S. citizens from the voter rolls. Authorities contend that the state's effort violates federal voting laws.
"Please immediately cease this unlawful conduct," wrote Assistant Attorney General Thomas Perez to Florida Secretary of State Ken Detzner.
But Scott himself went on national television to defend the purge and the need to sue the federal government.

Evidence in homeless man's death to air in court

A judge is expected to weigh whether there's enough evidence to proceed with a trial for two California police officers charged with the beating death of a mentally ill homeless man, a case that has drawn protest from some Santa Ana residents.
Prosecutors are expected to lay out their case against Officer Manuel Ramos and Cpl. Jay Cicinelli at a preliminary hearing Monday in Superior Court in Santa Ana.
Prosecutors say the officers are responsible for the death of 37-year-old Kelly Thomas during an investigation of reported car burglaries at a Fullerton transit hub in July.
Ramos has pleaded not guilty to second degree murder and involuntary manslaughter. Cicinelli has pleaded not guilty to involuntary manslaughter and excessive force.
The incident was captured on video by a bystander's cell-phone and provoked an outcry by residents.
John Barnett, Ramos' attorney, said he expected prosecutors would show video footage of the incident at the hearing but did not believe it would constitute sufficient evidence to try the officers on homicide charges.

Law Firm Marketing Coach - why do law firms need a good SEO?

Most lawyers who are freshly introduced to the idea of internet marketing will build their website with a design company and then think visitors will start flowing in automatically after the website's initial launch. No matter how professional and aesthetically appealing your website may be, in the web environment today, visitors will never "automatically" attract and roll in. This is why law firms need good SEO and more importantly, why SEO matters if you want your business to be successful.

So what exactly is SEO you say? Surely, you must have heard talk about this recent buzz. And if you haven't, I am here to provide the 411 on everything you need to know about good SEO.

SEO is the acronym given for "search engine optimization" and choosing to invest in good SEO will be the huge factor in improving your law firm website and will also save time and money on other marketing strategies. There is, however, a possibility at risking damage to your law firm's reputation and website if you do not do your research in advance and end up in the hand's of a careless SEO company. Good SEOs will provide useful services for law firm website owners, including but not limited to:

- content development
- keyword research
- expertise in marketing techniques
- review of your website's structure and content
- advice on technical aspects of website development

In short, SEO-friendly websites allow online robots to analyze the codes and contents of your site. Major search engines like Google and Yahoo then look specifically for keywords, phrases, and web coding in order to rank your website amongst the other competiting webpages. Organic search results is the better resort over Pay Per Click (PCC)
advertisement by increasing indexability and because of it's history. Pay Per Click services can cost a hefty sum and may not even produce effective results.

Why should you take my word for it? If I have still yet to convince you on why your law firm needs a good SEO, I'll dissect into all the benefits. A great search optimization company will do more than just generate leads for your website. Creating a website without incorporating good SEO can pretty much equate to throwing money away. The money invested in building a great website alone will not cut it AND you might even be spending more on other marketing strategies like advertising through other avenues of media.

Providence mayor warns of possible bankruptcy

Mayor Angel Taveras painted a bleak picture Thursday of the city's finances, saying Providence faces "devastation" and could go bankrupt if retiree benefits aren't cut and tax-exempt institutions like Brown University don't pay more in lieu of taxes.

Taveras said he cut a projected $110 million deficit for the current fiscal year to less than $30 million but that the city is on track to run out of money by June. He said taxpayers and city workers have already sacrificed ? taxes and fees have gone up, several schools were closed and there are 200 fewer people on the city's payroll compared to a year ago ? and he called on retirees and nonprofit hospitals and universities to do the same.

"Everyone must sacrifice or everyone will suffer the consequences," he said at a news conference at City Hall. "We need everyone to be part of the solution."

He said the city can't afford retirees' guaranteed annual cost-of-living increases ? about 600 retirees get increases of 5 and 6 percent ? and that benefits will be cut one way or another, either voluntarily or possibly through court action. He suggested the city could go the way of Central Falls, which was taken over by a state-appointed receiver in 2010 and where pensioners' benefits were unilaterally slashed. The receiver declared bankruptcy on behalf of the city in August.

HIV-positive man who sued Atlanta gets new hearing

A federal appeals court on Wednesday granted a new hearing to a 40-year-old man who claimed the Atlanta Police Department rejected his job application because he has HIV.

The ruling was a victory for gay rights advocates and the health groups who had closely watched the case, which was brought in 2010 by a man using the pseudonym Richard Roe.

Among other findings, the three-judge panel of the 11th U.S. Circuit Court of Appeals said in the ruling that the city lulled Roe into believing he didn't need to prove his HIV was "non-serious." It ordered the judge who dismissed the lawsuit to take another look at that issue and others prompted by the lawsuit.

The ruling was no surprise, as the panel expressed skepticism about the city's arguments during oral arguments last week, and one judge suggested the court had little choice but to send the case back to the federal judge.

Federal Court of Canada Certifies Class Action

Branch MacMaster LLP and Hordo Bennett Mounteer LLP report that the Federal Court of Canada has certified the BIM Class Action against Business in Motion International Corporation and Alan Kippax. By order dated November 10, 2011 , Mr. Justice Rennie of the Federal Court officially certified the action on behalf of the national class, as represented by the Plaintiff, Mr. Mark Cuzzetto .

The lawsuit was initiated in May, 2010 against BIM and its principal, Alan Kippax. BIM operated a plan called the "Time Leverage System", recruiting representatives to sell "Perpetual Motion Products". The lawsuit alleges that the Defendants have been engaged in the operation of an unlawful multi-level marketing scheme and/or pyramid scheme contrary to the Competition Act. The class members seek damages for the money they paid to the Defendants.

Persons who have purchased the product and who wish to participate in the action do not need to do anything at this time. Persons who do not want to participate in the action must opt out by January 18, 2012 by completing the online form on the website.

Supreme Court won't hear skycaps' appeal on tips

The Supreme Court has left in place a ruling that denied $333,000 to airport skycaps who claimed they were cheated out of tips when American Airlines started charging curbside baggage fees.

The court on Monday rejected an appeal from nine skycaps at Logan International Airport in Boston. They wanted the court to review a federal appeals court ruling that overturned a lower court decision in their favor.

The skycaps sued under a Massachusetts law aimed at preventing employers from keeping tips intended for workers. The 1st U.S. Court of Appeals in Boston held that the law was pre-empted by federal aviation law regulating airfares. The court also said that soon after institution of the baggage fee, American Airlines clearly indicated with signs that the $2 fee was not a tip.

High court to review fine for mercury storage

The Supreme Court will consider throwing out an $18 million penalty against Texas-based Southern Union Co. for illegally storing mercury at a rundown building in Rhode Island.

The justices said Monday they will hear the natural gas company's appeal of the criminal penalty that was imposed by a federal judge and upheld by an appeals court.

What makes the case unusual is that the company is challenging the size of the penalty under a line of Supreme Court cases concerning prison sentences.

Southern Union had used the building in Pawtucket to store outdated mercury-sealed gas regulators that it removed from customers' homes. The mercury was initially removed and shipped to a recycling center. But when that work stopped, the regulators and loose mercury were left to accumulate inside the building.

Utah-to-Boston passenger denies child porn charge

A University of Utah professor has pleaded not guilty to viewing child pornography on his laptop during a flight from Salt Lake City to Boston.

Grant Smith, of Cottonwood Heights, Utah, was ordered held on $75,000 bail Monday and told to have no unsupervised contact with children.

Massachusetts State Police say the 47-year-old Smith was sitting in first class Saturday afternoon when another passenger saw pornographic images, alerted a flight attendant and emailed a relative who contacted law enforcement.

Smith was arrested after landing on a charge of possession of child pornography. His lawyer says he has no criminal record.

Smith is a professor in the materials science and engineering department at Utah. He has been placed on administrative leave.

Court to look at overtime pay for drug sales reps

The Supreme Court has agreed to consider whether pharmaceutical sales representatives can bill their employers for overtime, a case that could affect the pay of tens of thousands of people.

The court said Monday that it will review a federal appeals court ruling that held the sales reps do not qualify for overtime under federal labor law. Other appeals courts have ruled differently and the pharmaceutical industry joined in the call for Supreme Court review.

The sales reps meet with physicians in the hope that doctors will prescribe one company's medicine over another's. Two salesmen who once worked for drug maker GlaxoSmithKline filed a class-action lawsuit claiming that they were not paid for the 10 to 20 hours they worked each week on average outside the normal business day.