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Basin Water in Rancho Cucamonga sued by shareholders
Class Action News | 2007/12/27 20:05

A San Diego law firm has launched a class-action suit against Rancho Cucamonga-based Basin Water Inc., alleging that it misled shareholders, causing the company's stock price to rise to inflated heights, leading to losses for investors when the stock later fell.

Basin designs and builds groundwater treatment systems.

The law firm, Coughlin Stoia Geller Rudman & Robbins LLP, says Basin and some of its officers and directors issued false and misleading statements about the company's financial results.

In particular, Coughlin Stoia alleges that Basin concealed facts from potential investors that included commitments to sell product at unprofitable prices and increased costs for waste disposal and salt purchasing.

The complaint also says company officials knew Basin had long-term contracts that would hurt profitability and lied about the status of those contracts.

In November, the stock fell 22 percent in one day after Basin announced that it would take a $4.7 million charge to reserve money for projected losses.

Basin said at the time it was the second charge the company had taken in less than a year related to so-called legacy projects.

Also, Basin said, improvements in its accounting practices allowed the company to determine the systems will continue to operate at a loss for some time.

The company said its management earlier this year established new business processes that ensure future contracts are properly priced and that Basin can pass along price increases to customers.

Late Friday, it was announced that a Baltimore law firm had started a class action against Basin as well.

Basin officials could not reached for comment Friday. Its shares closed at $9 Friday, up 89 cents.



America's Cup syndicates continue court fight
Court Feed News | 2007/12/27 19:42
The legal skirmish over the America's Cup showed no sign of ending, with the champion Swiss syndicate asking a judge to reconsider his decision to declare the Golden Gate Yacht Club the main challenger for the next race.

Alinghi's lawyers contended that the San Francisco club's July challenge on behalf of BMW Oracle Racing was invalid because it failed to properly describe the yachts in which the race would be sailed.

The challenge letter described a boat that would measure 27 metres long by 27 metres wide - a dimension that could apply only to a multihulled vessel like the catamaran that American Dennis Connor used to defend the cup in 1988.

The challenge, however, also called the boat a "keel yacht," a term traditionally used to describe a boat with one hull.

Alinghi argued in court papers, filed in state court in New York on Thursday, that BMW Oracle's bid should be tossed because it proposes a boat that doesn't exist, or would be so misshapen because of its bargelike dimensions that it would be unfit for racing.

The Golden Gate Yacht Club said Alinghi's new claim lacks merit.

"If these arguments were valid they would have been presented months ago," BMW Oracle spokesman Tom Ehman said.

In November, a New York judge disqualified Alinghi's favored Spanish challenger, Desafio Espanol, of Club Nautico Espanol de Vela, on the grounds that the new club hadn't previously held a major regatta, as required by the cup's deed of gift.

The two sides are due back in court in January.



Consumers Allowed Class Action from Next Year
Legal World News | 2007/12/26 19:55
Come 2008, consumers in Korea will be able to take class action to curb illegal activities by corporations.

The government has designated 13 organizations, including nine consumer groups and four economic institutes, such as the Federation of Korean Industries, to handle the job.

Non-profit private organizations with requests for a lawsuit from more than 50 people can also file if they meet certain conditions.

To that end the Fair Trade Commission and the Korea Consumer Agency are looking to hire lawyers to support legal procedures related to filing a lawsuit.

The Ministry of Finance and Economy says the new law will urge companies not to infringe on consumer rights so as not to hurt their image.



Class-Action Cases Rise, Fueled by Subprime Troubles
Attorney Blogs | 2007/12/24 17:23

The subprime mess is turning out to be a boon for class-action lawyers. Litigation stemming from the housing crisis is driving an increase in class-action filings, according to a study to be released Friday by the NERA Economic Consulting company. Through Dec. 15, filings were up 58 percent from 2006, according to the study. A total of 198 class actions were filed this year through Dec. 15, and 38 of them were securities class actions related to subprime mortgages. No shareholder class actions related to subprime loans were filed in 2006, according to the report.

“There is no question,” said Gerald H. Silk, of Bernstein Litowitz Berger & Grossmann, that the subprime market has led to an increase in litigation. His New York firm has class actions pending against the subprime lenders Fremont General, Accredited Home Lenders and American Home Mortgage Investment.

Stuart M. Grant of Grant & Eisenhofer, a firm in Wilmington, Del., said, “All you are seeing now is the low-hanging fruit.” His firm has a shareholders’ derivative lawsuit pending against Countrywide Financial, the mortgage giant.

Class-action filings, excluding subprime cases and those stemming from the backdating of stock options, have increased almost 40 percent from 2006. Average settlements have also jumped, to $33.2 million from $22.7 million.



US DOJ won't appeal Stolt-Nielsen decision
Business Law Info | 2007/12/24 16:25

The U.S. Justice Department said on Friday it will not appeal the dismissal of its indictment of Norwegian shipping group Stolt-Nielsen in a price fixing case.

Earlier this month, a Pennsylvania court threw out a criminal indictment against the company and two of its executives.

Judge Bruce Kauffman of the U.S. District Court for the Eastern District of Pennsylvania, who tossed out the indictment, said Stolt-Nielsen had cooperated with the Justice Department to dismantle illegal collusion among three long-haul carriers in exchange for a promised amnesty for prosecution.



NY Man Guilty in Death of White Teen
Criminal Law Updates | 2007/12/24 12:06
A jury on Saturday convicted a black man of killing a white teenager during a racially charged encounter outside the man's home.

Jurors found John White, 54, guilty of second-degree manslaughter in the death of Daniel Cicciaro despite the man's claims that he feared a "lynch mob" had come to attack his family.

The ruling came on the fourth day of deliberations following an emotional three-week trial in which defense attorneys invoked the nation's violent racist past in arguing the shooting was justified.

Jurors also found White guilty of criminal possession of a weapon.

White testified during the trial that he was trying to protect his family in 2006 when he brandished a gun after a group of angry white teenagers turned up at his house late at night to fight his son.

White claimed the gun went off accidentally, killing Cicciaro, 17.

Jurors had asked on Saturday to hear readbacks of testimony from White's wife and son.



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