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Orthodontic Patient Files Class Action Complaint
Class Action News | 2007/05/23 17:29

Align Technology, Inc. (NASDAQ: ALGN) , the inventor of Invisalign(R), a proprietary method of straightening teeth without wires or brackets, announced today that the Company has been notified of a purported class action complaint filed against Align Technology, OrthoClear Inc., and OrthoClear Holdings, Inc. in the United States District Court for the Northern District of New York on May 18, 2007. Align Technology became aware of the filing on May 22, 2007, but has not been served with a copy of the Complaint.

The Complaint, assigned case # CV-00535-NAM-GJD and captioned "Debra A. Weber, on behalf of herself and all others similarly situated, Plaintiff, against Align Technology Inc., OrthoClear Inc., and OrthoClear Holdings, Inc., d/b/a OrthoClear, Inc.," alleges that orthodontic treatments of the plaintiff dental patients "were interrupted, unduly prolonged or terminated as a result of defendants' unlawful conduct" relating to the OrthoClear settlement.

The Complaint alleges two causes of action against the OrthoClear defendants and one cause of action against Align Technology for breach of contract. The cause of action against Align Technology references Align's agreement to make Invisalign treatment available to OrthoClear patients, alleging that Align failed "to provide the promised treatment to Plaintiff or any of the Class Members."

Align Technology has reviewed the allegations contained in the Complaint and believes they are without merit. Following the OrthoClear settlement, Align Technology launched the Patients First Program to provide new Invisalign treatment to former OrthoClear patients at no charge to patients or their doctors. As of May 21, 2007, Align had shipped approximately 23,400 of the 24,700 cases submitted under the Patients First Program, including all Invisalign aligners for the named Plaintiff. The remaining in-process cases are expected to ship in the second quarter of 2007, as previously reported by the Company.



Woman dressed as a movie cop arrested in court
Headline News | 2007/05/23 17:23

Her uniform appeared authentic, navy and starched and ironed crisp. The badge on her left breast was authentic, too, made with steel and etched with a three- or four-digit number. The clipped name tag on her right breast displayed a last name, same authentic font. Only the patches on her shoulder ruined the secret: Kimberly Chapman was an actor, not a real police officer.

Ms. Chapman, 47, of Wilkinsburg, was arrested by real police officers Monday, charged with impersonating a public servant and theft.

Police say Ms. Chapman, dressed as a police officer, appeared at her son's Allegheny County Family Court hearing at 9 a.m. on Monday and told the tipstaff she was an officer assigned to his case.

Her son was facing gun charges.

According to a police report, Ms. Chapman, who was detained in Judge Edward J. Borkowski's courtroom, told Tipstaff William Miller she was an officer "on the Christian Edwards case and I'm looking for the probation officer."

But when police officers questioned Ms. Chapman, she told them she was an extra in the Spike TV series, "The Kill Point," being filmed in Market Square.

A production assistant for the series, Katie Shenot, verified that Ms. Chapman worked on the set and told officers Ms. Chapman did not have permission to leave while wearing the $500 uniform. The uniform was taken into evidence, including the badge, duty belts and plastic gun holster.

On Monday morning, minutes after arriving at work, Ms. Chapman remembered her son's appointment to appear in juvenile court, her attorney said. She hustled to be there, never stopping to return her officer's uniform, a close replication of those worn by legitimate city officers.

Never, according to attorney James Ecker, did Ms. Chapman identify herself as an officer. But before she left court, she'd been arrested.

Since filming began Downtown, those on the set have noticed confusion between the real officers and their paid impersonators. Acting officers there, defenders against a faux bank robbery, wear patches saying, "Police Department." The real officers, who attend to the perimeter of the filming area, have patches saying Pittsburgh Police. One other giveaway: the actors carry cap guns or foam guns, not legitimate weapons.

"Anybody can just walk off the set and get away with it," said Jeremiah Barry, of Clairton, an extra dressed as an officer. Because at first glance, I'd say, yeah, you look like a real cop. Most people don't stare at cops, they just glance, give it a quick look.

"Nine out of 10 people, I'd say, would see the uniform and say, 'Real cop.' "

To avoid any confusion within the filming set, extras are discouraged from ending the workday in costume and leaving the area. They can't collect their paycheck for the day's work without first returning to a meeting point at PPG Place, handing in their uniforms and collecting their voucher. Extras given props begin their days, also, by leaving ID -- which is held as collateral until the props and uniforms are returned.



Schabir Shaik applies to Constitutional Court
Lawyer Blog News | 2007/05/23 17:22

Fraudster Schabir Shaik was convicted unfairly and was used as a "dry run" by the State ahead of charges being laid against ex-deputy president Jacob Zuma, his lawyer told the Constitutional Court. "It was thoroughly, completely unfair for one man to be used as a dry run by the State while his co-conspirators were available to stand trial," Shaik’s defence counsel Martin Brassey argued yesterday.

His bone of contention was that Shaik stood trial and is serving a 15-year-jail sentence in the absence of his co-conspirators — former deputy president Zuma and French Arms deal boss Alain Thetard, of Thint Companies. "Can you imagine the quality of the trial if the country’s deputy president Jacob Zuma entered the dock and said I want to tell you that Shaik helped me comrade to comrade and that he was my best friend?" asked Brassey. Shaik is applying for leave to appeal against his convictions on two counts of corruption and one of fraud.

The charges related to payments that Shaik made to former deputy president Jacob Zuma in order to secure political influence.

"None of you will leave this Bench without knowing that what happened to Shaik was unfair," said a visibly emotional Brassey. "It was thoroughly, completely unfair for one man to be used as a dry run by the State when his co-conspirators were available," he said while banging his hands on the podium.



Prodi said EU constitution compromise unacceptable
Legal World News | 2007/05/23 17:14

Italian Prime Minister Romano Prodi said Tuesday that the European Union should avoid any radical changes to the draft European Constitution, telling European Parliament members that a compromise on the treaty is not an adequate solution for Europe. Prodi told MEPs that Italy will likely not agree to any compromises, and instead proposed the idea of a "two-speed" Europe, in which some nations would not have to proceed with reforms as rapidly as others. Prodi said that:

We do not necessarily have to proceed all together at the same speed. Already now, some significant European projects, such as the euro and Schengen, have been implemented by only some Member States. Not "against" anybody and not to "exclude" anyone, but always keeping the door open.
Last week, German Chancellor Angela Merkel urged EU members to work together to advance the constitution, which has largely stalled since it failed in referendums in both France and the Netherlands in 2005.



ECJ legal adviser upholds rights of trade unions
Legal World News | 2007/05/23 17:13

Advocate General Paolo Mengozzi of the European Court of Justice upheld the rights of trade unions in two opinions Wednesday. In Laval v. Partneri (C-341/05) [opinion; press release, PDF in French], Mengozzi advised the court to allow trade unions to force companies from foreign EU member states to pay their workers the same that domestic workers would otherwise receive. Latvian construction company Laval was hired to build a school in Sweden, but Sweden's construction trade union Byggnads sought to force Laval to pay its workers more. In the second case, International Transport Workers' Federation v. Viking Line ABP (C-438/05), Mengozzi said trade unions should be able to act to dissuade a company from moving to another EU member state for the purposes of lowering wages.

Advocate General opinions are not binding, although generally the final opinions of the court, which will not be released for several months, follow them. By advocating more power for trade unions, Mengozzi seems to be granting greater weight to a country's internal autonomy, over the rules of the EU single market.



Bush continues to back US Attorney General
Lawyer Blog News | 2007/05/22 19:27

President Bush said Monday that he still fully supports US Attorney General Alberto Gonzales despite the growing number of Republicans who have expressed concern over the firings of nine federal prosecutors, telling reporters at a press conference on the Bush Ranch that "He has got my confidence. He has done nothing wrong...I stand by Al Gonzales." Last week, White House spokesman Tony Fratto said that the administration considers the proposed Senate vote of no-confidence in Gonzales a political stunt.

Last Week, US Sen. Arlen Specter (R-PA) predicted that Gonzales would resign soon as a result of the US Attorney firings, and said over the weekend that he believed the resignation would come before the no-confidence vote. Sen. Chuck Hagel (R-NE) has also called for Gonzales' resignation after hearing testimony from former US Deputy Attorney General James Comey regarding an attempt by Gonzales to persuade former Attorney General John Ashcroft to authorize the warrantless domestic surveillance program while he was incapacitated in the hospital, critically ill with pancreatitis. Although the event did not relate to the US Attorney firings, Hagel said that it showed Gonzales lacked the "moral authority to lead" the DOJ.



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