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Class-action status approved in suit against Dow
Class Action News | 2008/01/27 03:34

A citizen lawsuit alleging damages caused by contamination from Dow Chemical Co. should become a class action, the Michigan Court of Appeals said in a decision released Friday. Those who sued the chemical giant claim that dioxin from Dow's Midland plant got into the Tittabawassee River and contaminated their properties, reducing home values and making homes hard to sell.

The lawsuit seeks to cover anyone who lives in the 100-year floodplain, which could be as many as 2,000 people, the court said.

The case has dragged in the courts since it was filed in March 2003.

"This appeal took two years," said Kathy Henry, one of the plaintiffs. "We're glad about the appeals court ruling, but it's been cruel to make residents wait this long."

A spokesman for Dow said the company is reviewing the opinion.

"We continue to believe that the trial court erred in granting class certification," Scot Wheeler said. "Among other things, the trial court ignored evidence that upwards of one-third of the residential properties sampled showed no contamination."

Since the lawsuit was filed, hot spots of dioxin have been found in the Saginaw River.

An earlier ruling in the case dismissed the residents' demand to make Dow pay for medical monitoring for potential health problems.

Dow contends a University of Michigan study shows that people who live in contaminated areas do not show higher levels of dioxin in their blood than people who don't live near the river.



GE attorney's class action lawsuit to go forward
Class Action News | 2008/01/25 13:45
A high-ranking attorney for General Electric Co. can go ahead with her class-action lawsuit against what she calls the "very male-dominated culture" in the international conglomerate, a federal judge has ruled.

U.S. District Judge Peter Dorsey on Wednesday rejected a motion filed by GE to prevent Lorene Schaefer's lawsuit from achieving class-action status. A class-action lawsuit would allow Schaefer to gather as many as 1,500 plaintiffs, including women who hold entry-level executive jobs and all the company's female lawyers. The lawsuit potentially seeks damages of $500 million.

Schaefer, general counsel of Erie, Pa.-based GE Transportation, filed a suit in May 2007 accusing officials of giving unfair preference to men in promotions to top-paying legal jobs.

Among its claims, GE argued that Schaefer cannot lead a class-action lawsuit because she had access to confidential client information while employed with GE.

Dorsey rejected that argument for now.

"If at any point during discovery, the defendants learn and can demonstrate that plaintiff is inappropriately using confidential client confidences in asserting her claims or representing the class, the court may reconsider the propriety of plaintiff's class allegations at that time," Dorsey wrote in his 30-page ruling.

In a statement, Schaefer said the ruling would benefit hundreds of GE employees.


Centerline says class action lawsuit filed against co
Class Action News | 2008/01/23 09:38
Centerline Holding Co said class action lawsuit has been filed against it, its trustees and Related Cos, alleging claims related to Centerline's recently announced rights offering to an affiliate of Related Cos, according to a filing.

The New York-based company told the U.S. Securities and Exchange Commission that it believes the lawsuit related to its previously announced offering of convertible preferred shares was without merit.



De Beers Settles Class Action Suit
Class Action News | 2008/01/22 12:46

De Beers, the world's largest diamond importer, settled a class action lawsuit Monday worth $297 million, which would be divided roughly in half between consumers and diamond merchants and resellers.

The lawsuit charged that De Beers and its subsidiaries violated antitrust, unfair competition and consumer-protection laws by monopolizing diamond supplies, and conspired to control the diamond prices by fixing and raising them as per their discretion.

The South African company, which controls 40 percent of the world's diamond trade. was also charged with false advertising.

Under the settlement, De Beers would pay $22.5 million to the "direct purchaser class members and $272.5 million to "indirect purchaser class members."

Consumers who purchased diamonds from De Beers directly or indirectly between 1994 and 2006 will be eligible to receive a rebate. The rebate amount will be determined based on the quality of the diamond.

The case is being heard in the US District Court for the District of New Jersey. The next hearing in the case is set for April 14.



Lawyer Explains Xbox Class Action Suit
Class Action News | 2008/01/21 14:54
According to lawyer Jason Gibson, the class-action lawsuit filed against Microsoft as a result of Xbox Live's service problems isn't some kind of get-rich-quick scheme, it's an action meant to draw attention to a "serious issue."

Gibson filed the suit on behalf of Keith Kay, Orlando Perez and Shannon Smith, who became incensed when Xbox Live's service was plagued with connectivity issues over the holidays. Smith contacted Microsoft in December in an attempt to determine the cause of the outage, but got in touch with Gibson when he received no response.

As Gibson explained to MTV, the class action suit is a valid way for disgruntled Live subscribers to be heard: "When you have one person who is mad and they can't get a response, and they can't get their complaints addressed by a company like Microsoft, the only way to get their attention is in numbers." According to Gibson, more than 50 people have joined Kay, Perez, and Smith in the suit.

Microsoft has already acknowledged the issues with Live and vowed to recompense subscribers for the outage with a free Xbox Live Arcade game, but Gibson says that the company should have seen these problems coming.

"If they had not anticipated the sales, then they would not have put out that many units of the Xbox to begin with," says Gibson. "They take the money for the subscriptions, but they don't make sure that the service is going to be there."

Though many have suggested that the suit is just an attempt to pick Microsoft's deep pockets, Gibson says he doesn't expect the plaintiffs "to get a windfall or anything like that." What they really want is for Microsoft to "fix the problem. They'd like to be reimbursed for the money they spent when they haven't received the service, and hopefully it will make Microsoft do the right thing in the future."

I agree that Microsoft owes me, and every other Live subscriber, for the amount of time I was paying for Live but unable to access it, but why is this suit continuing forward? Microsoft has already publicly admitted that Live is having problems and promised to make good with subscribers-- a move they made before the suit was filed --so if Gibson is being sincere about his clients' motivations, the suit would seem to serve no further purpose.



Class action lawsuit filed against Virgin Mobile USA
Class Action News | 2008/01/17 15:11
Law Offices of Howard G. Smith announces that a securities class action lawsuit has been filed on behalf of investors who purchased the common stock of Virgin Mobile USA, Inc. ("Virgin Mobile" or the "Company") pursuant or traceable to the Company's Initial Public Offering on or about October 11, 2007 through November 15, 2007, inclusive (the "Class Period"). The class action lawsuit was filed in the United States District Court for the Southern District of New York.

The Complaint alleges that defendants violated federal securities laws by issuing material misrepresentations to the market concerning Virgin Mobile's business, operations and financial performance, thereby artificially inflating the price of the Company's stock.

No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased the common stock of Virgin Mobile pursuant or traceable to the Company's Initial Public Offering on or about October 11, 2007 through November 15, 2007, you have certain rights, and have until January 22, 2008, to move for Lead Plaintiff status. To be a member of the class you need not take any action at this time, and you may retain counsel of your choice. If you wish to discuss this action or have any questions concerning this Notice or your rights or interests with respect to these matters, please contact Howard G. Smith, Esquire, of Law Offices of Howard G. Smith, 3070 Bristol Pike, Suite 112, Bensalem, Pennsylvania 19020, by telephone at (215)638-4847, Toll-Free at (888)638-4847, by email to howardsmithlaw@hotmail.com or visit our website at http://www.howardsmithlaw.com.



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