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Pivotal CA gay marriage ban decision due Thursday
Lawyer Blog News |
2011/11/17 13:55
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The California Supreme Court is poised to release a decision that could prove pivotal to the future of the state's voter-approved ban on same-sex marriage.
The court says it will file a written opinion Thursday morning clarifying whether the sponsors of ballot initiatives can defend their measures from legal challenges without the cooperation of the governor and attorney general.
A federal appeals court considering the constitutionality of the 2008 ban, known as Proposition 8, asked the state high court to weigh in on that question before it gets to the merits of the case.
The 9th U.S. Circuit Court of Appeals has expressed doubts about the ability of Proposition 8's sponsors alone to challenge a lower court ruling that overturned the initiative. California's previous governor and attorney general both refused to appeal the decision. |
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Kaplan Fox Files Securities Class Action
Class Action News |
2011/11/16 17:33
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Kaplan Fox & Kilsheimer LLP has filed a class action suit against Jon S. Corzine, J. Randy MacDonald, Henri J. Steenkamp and certain other individuals that alleges violations of the Securities Exchange Act of 1934 on behalf of purchasers of the securities of MF Global Holdings Ltd. during the period May 20, 2010 through October 28, 2011, inclusive, including investors who purchased MF Global common stock previously traded on the New York Stock Exchange under the symbol "MF" and purchasers of the Company's debt securities.
The case is pending in the United States District Court for the Southern District of New York. A copy of the complaint may be obtained from Kaplan Fox or the Court.
The complaint alleges that in March 2010, Corzine, a former CEO of Goldman Sachs Group, Inc. and former Governor of New Jersey, became Chairman and CEO of MF Global and that after Corzine became Chairman and CEO of MF Global, the Company increased its risk and used its own money to trade, including making investments in European sovereign debt that has plummeted in value. Reportedly, Corzine's strategy was to transform the Company from a futures broker into a boutique investment bank.
The complaint further alleges that Corzine's push into more risky and principal trading with the Company's money was central to MF Global's profit-growing plan and transformation, and that Corzine and the other defendants represented that they could grow and transform the business without taking on excessive risk, while maintaining adequate capital and liquidity. Further, it is alleged that while making this transformation, Corzine and the other defendants failed to disclose that the Company was undercapitalized, exposed to excessive risk due to massive bets on debt issued by certain European governments, and did not have proper risk controls in place to manage these risks.
If you are a member of the proposed Class, you may move the court no later than January 3, 2012 to serve as a lead plaintiff for the Class. You need not seek to become a lead plaintiff in order to share in any possible recovery.
Plaintiff seeks to recover damages on behalf of the Class and is represented by Kaplan Fox & Kilsheimer LLP. Our firm, with offices in New York, San Francisco, Los Angeles, Chicago and New Jersey, has many years of experience in prosecuting investor class actions and actions involving financial fraud. For more information about Kaplan Fox & Kilsheimer LLP, or to review a copy of the complaint filed in this action, you may visit our website at www.kaplanfox.com. |
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Conn. teeth-whitening rules challenged in court
Headline News |
2011/11/16 16:33
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Connecticut's rules that only a dentist can provide certain teeth-whitening services are being challenged in court.
The Institute for Justice filed the lawsuit in federal court in Hartford on Wednesday. The Arlington, Va.-based law firm says the state Dental Commission's regulations promote a monopoly for dentists by banning certain teeth whitening at salons and shopping malls.
A spokesman for the state Department of Public Health says officials haven't read the lawsuit and won't comment.
Regulations imposed in June cite inherent risks in teeth whitening and say whitening involves the practice of dentistry for diagnosing causes of discoloration, customizing treatment and other work.
The Institute for Justice, which takes on libertarian causes, says the regulations have put several practitioners out of business. |
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Chile court orders halt to Anglo American sale
Legal World News |
2011/11/16 13:33
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A Chilean court on Tuesday ordered British-based mining company Anglo American to halt further sales of shares in a Chilean subsidiary.
The appeals court based in the capital of Santiago granted an injunction sought by Chile's state mining company, Codelco, which argues that it has first right of refusal on shares in Anglo American Sur, which has three operations in the country.
Anglo American PLC announced last week it had sold 24.5 percent of the subsidiary to Mitsubishi of Japan for $5.39 billion. Codelco has acknowledged that it cannot now overturn that sale, but its attorneys say they may ask for a review of its legality.
Codelco said in October that it planned to exercise its option to purchase 49 percent of the shares in Anglo American Sur for $6.57 billion. It said that option is open every third January under a contract signed in 1978 and modified in 2002.
Anglo American has announced it will fight the attempt to block its sale of the subsidiary. Its press office in Chile had no immediate comment on the court ruling.
Anglo American Sur operates the Los Bronces and El Soldado mines which produce about 261,000 tons of copper, as well as the Chagres smelter. |
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NY federal appeals court reverses Bruno conviction
Legal Career News |
2011/11/16 13:33
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A federal appeals court has tossed out the conviction of a former Republican leader of the New York Senate.
The 2nd U.S. Circuit Court of Appeals rejected the conviction of Joseph Bruno.
He was convicted in 2009 of denying taxpayers honest services by concealing a deal with a business associate who paid him as a consultant.
It was expected that the 2nd Circuit would reverse the conviction after the U.S. Supreme Court last year ruled in the case of former Enron CEO Jeffrey Skilling. The Supreme Court found that federal statutes used to fight white-collar and public official fraud only criminalize schemes with proof of bribes or kickbacks.
The 2nd Circuit agreed to return the case to the lower court in Albany, where prosecutors can seek a superseding indictment. |
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Missouri Supreme Court upholds strip club restrictions
Lawyer Blog News |
2011/11/16 12:34
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The Missouri Supreme Court has upheld a 2010 state law imposing restrictions on strip clubs and other sexually oriented businesses.
In a unanimous decision Tuesday, the court rejected claims from the adult entertainment industry that the law infringed on free expression rights and was passed in violation of legislative procedures.
The court said there was enough evidence to support the Legislature's belief that the restrictions served a government interest in minimizing negative effects from sexually oriented businesses.
The law requires sexually themed businesses to close by midnight. It also bans full nudity, alcohol, minors and touching between semi-nude employees and customers.
The Supreme Court's ruling affirms a prior decision by a Cole County judge. |
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