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Court likely to overturn Calif. law on livestock
Court Feed News |
2011/11/10 13:36
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The Supreme Court seemed ready Wednesday to block a California law that would require euthanizing downed livestock at federally inspected slaughterhouses to keep the meat out of the nation's food system.
The court heard an appeal from the National Meat Association, which wants a 2009 state law blocked from going into effect. California barred the purchase, sale and butchering of animals that can't walk and required slaughterhouses under the threat of fines and jail time to immediately kill nonambulatory animals.
But justices said that encroached on federal laws that don't require immediate euthanizing.
"The federal law does not require me immediately to go over and euthanize the cow. Your law does require me to go over and immediately euthanize the cow. And therefore, your law seems an additional requirement in respect to the operations of a federally inspected meatpacking facility," Justice Stephen Breyer told a California lawyer. |
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Pomerantz Law Firm Has Filed a Class Action
Class Action News |
2011/11/10 10:36
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Pomerantz Haudek Grossman & Gross LLP has filed a class action lawsuit against Diamond Foods, Inc. and certain of its officers. The class action (CV 11 5399 RS) filed in the United States District Court, Northern District of California, is on behalf of all persons or entities who purchased or otherwise acquired the securities of Diamond during the period from December 9, 2010 through and including November 4, 2011 (the "Class Period"), seeking to pursue remedies under the Securities Exchange Act of 1934 (the "Exchange Act"). This class action is brought under Sections 10(b) and 20(a) of the Exchange Act, 15 U.S.C. Sections 78j(b) and 78t(a); and SEC Rule 10b-5 promulgated thereunder by the SEC, 17 C.F.R. Section 240.10b-5.
If you are a shareholder who purchased DMND securities during the Class Period, you have until January 6, 2012 to ask the Court to appoint you as lead plaintiff for the class. A copy of the complaint can be obtained at www.pomerantzlaw.com. To discuss this action, contact Rachelle R. Boyle at rrboyle@pomlaw.com or 888.476.6529 (or 888.4-POMLAW), toll free, x350. Those who inquire by e-mail are encouraged to include their mailing address and telephone number.
The Complaint alleges that, throughout the Class Period, Defendants made false and/or misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. Specifically, Defendants failed to disclose that: (1) the Company overstated its earnings by improperly accounting for certain crop payments to walnut growers; (2) the Company's acquisition of Pringles snack business would be delayed; (3) that the Company lacked adequate internal and financial controls; and (4) that, as a result of the foregoing, the Company's financial results were materially false and misleading at all relevant times.
The Pomerantz Firm, with offices in New York, Chicago and Washington, D.C., is acknowledged as one of the premier firms in the areas of corporate, securities, and antitrust class litigation. Founded by the late Abraham L. Pomerantz, known as the dean of the class action bar, the Pomerantz Firm pioneered the field of securities class actions. Today, more than 70 years later, the Pomerantz Firm continues in the tradition he established, fighting for the rights of the victims of securities fraud, breaches of fiduciary duty, and corporate misconduct. The Firm has recovered numerous multimillion-dollar damages awards on behalf of class members. See www.pomerantzlaw.com. |
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Federal court rejects Texas redistricting maps
Headline News |
2011/11/09 16:50
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Texas cannot proceed with elections under new redistricting maps without a trial, a Washington-based federal court ruled Tuesday, saying the state used an inadequate analysis to determine whether new districts discriminate against minorities.
In a brief ruling, the court agreed with the U.S. Department of Justice that the GOP-led Legislature used an improper standard for measuring minority voting strength. The order clears the way for a trial and all but guarantees the 2012 elections will be conducted with temporary, court-drawn maps.
The temporary maps, being drawn by a San Antonio court, are expected to boost Democratic efforts to regain control over Congress. That's because the maps will likely protect minority seats and provide a lifeline to at least one Democratic incumbent who had been imperiled.
The San Antonio court, considering a parallel legal fight over the maps, already has pushed back the start of the candidate filing period to Nov. 28.
The legal fight centers around a requirement in the 1965 federal Voting Rights Act that certain states with a history of discrimination, including Texas, be granted "preclearance" before changes in voting practices can be enacted.
The legal standard is whether proposed changes have the purpose or effect of diminishing voting rights based on race or color.
The Justice Department contends Texas' legislative and congressional maps are retrogressive, meaning minority voters' ability to elect their candidates of choice is diminished. |
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Chinese drug exec given suspended death sentence
Legal World News |
2011/11/09 11:51
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A Shanghai court handed the former chief executive of a large state-owned pharmaceutical company a suspended death sentence for corruption that enabled him to amass more than 50 million yuan ($8 million), an official said Wednesday.
Wu Jianwen, the former head of Shanghai Pharmaceutical Group Ltd., was convicted of accepting bribes, embezzling public funds and other graft charges by the Shanghai Intermediate People's Court, according to a court official surnamed Wang.
Wang said the court handed down a suspended death sentence with a two-year reprieve. Such sentences usually are commuted to life in prison with good behavior.
The punishment comes as China wrestles with food and product safety concerns and appears aimed at showing that authorities are cracking down on rampant corruption.
Shanghai Pharma says it is China's third largest pharmaceutical maker and second largest distributor of pharmaceutical products. It was the parent company of Shanghai Hualian Pharmaceutical Co., which authorities shut down in 2007 for making tainted leukemia drugs blamed for causing leg pains and partial paralysis among dozens of patients.
China's increasing importance as a pharmaceutical producer has ratcheted up concerns over a slew of scandals involving fake, adulterated and otherwise unsafe drugs — especially given the thriving market in mail order medications. |
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Supreme Court looks at warrantless GPS tracking
Court Feed News |
2011/11/08 17:02
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The Supreme Court has expressed deep reservations about police use of GPS technology to track criminal suspects without a warrant.
But the justices appeared unsettled Tuesday about how or whether to regulate GPS tracking and other high-tech surveillance techniques.
The court heard arguments in the Obama administration's appeal of a court ruling that threw out a drug conspiracy conviction because FBI agents and local police did not have a valid search warrant when they installed a GPS device on the defendant's car and collected travel information.
The justices were taken aback when the lawyer representing the government said police officers could install GPS devices on the justices' cars and track their movements without a warrant.
The court has previously ruled there is no expectation of privacy on public roads. |
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Court upholds conviction in Pa. murder case
Lawyer Blog News |
2011/11/08 17:02
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The Supreme Court used its first opinion of the new term on Tuesday to uphold the murder conviction of a man in a Pennsylvania grocery store shooting.
The high court on Tuesday upheld Eric Greene's conviction in the 1993 shooting death of the owner of a grocery store in North Philadelphia.
Greene had complained that the confessions of some of the men who were with him at the time of the shooting should not have been introduced at his trial since they were not testifying. The introduction of those redacted confessions violated his right to confront his accusers, Greene said.
The 3rd U.S. Circuit Court of Appeals upheld his conviction, despite the fact that the Supreme Court had decided a similar case in 1998 that would have supported Greene's claim.
The Supreme Court, which heard arguments on this case in October, unanimously agreed with the lower court. The 1998 decision in Gray v. Maryland came after the Pennsylvania Supreme Court ruled on Greene's case, noted Justice Antonin Scalia, who wrote the term's first opinion of an argued case. |
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