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Sony Wants Class Action in Federal Courts
Class Action News | 2007/07/20 23:04

The Sony Electronics Corporation "removed" a class action lawsuit from California state court to federal district court on Tuesday. The lawsuit concerns defects to Sony's "Trinitron" televisions. Sony refuted the complaint but admitted that the amount in controversy exceeds $5 million.

"Removal" is a legal term allowing a defendant to move a case from state court to federal court if it believes (and defends a challenge from the plaintiff) that federal court is the correct venue in which to try the suit.

The Class Action Fairness Act of 2005 requires that all class actions involving damages exceeding $5 million be brought in federal district courts rather than state courts. In this case, Sony is arguing that because the damages sought will likely exceed $5 million dollars, federal court, rather than state court, is the proper venue.



Midway Hit With Class Action Lawsuits
Class Action News | 2007/07/19 14:01
The law firm of Schiffrin Barroway Topaz & Kessler has given notice of a class action suit against Midway Games on behalf of all common stock purchasers. The complaint alleges that Midway violated  the Securities Exchange Act of 1934, and charges the company with failing to disclose that it was "grossly underperforming because it was experiencing operational difficulties." Said difficulties would, according to the suit, force Midway to secure debt financing, making the company's previous financial statements so much stuff and nonsense. Or, as the suit puts it, "lacking in any reasonable basis when made."

A bevy of similar suits have been filed by the law firms Federman & Sherwood, Brower Piven, and Brian M. Felgoise, P.C. The suit filed by Vianale & Vianale is particularly juicy, alleging that Midway execs forgot to mention that they'd ditched their own stocks after learning that one of the company's prominent investors, Sumner Redstone, was pulling the plug all further investments with Midway.



Class Action Lawsuit Against Dendreon Corporation
Class Action News | 2007/07/17 18:14

Brower Piven, A Professional Corporation announces that a class action lawsuit has been commenced in the United States District Court for the Western District of Washington on behalf of purchasers of the common stock of Dendreon Corporation ("Dendreon" or the "Company") (NASDAQ: DNDN) between March 30, 2007 and May 8, 2007, inclusive (the "Class Period").

The complaint alleges that during the Class Period the Company, and one or more members of its senior management, violated federal securities laws by issuing various materially false and misleading statements that had the effect of artificially inflating the market price of the Company's securities and causing Class members to overpay for the securities.

No class has yet been certified in the above action. If you are a member of the proposed Class, you may, no later than July 24, 2007, ask the Court to allow you to serve as lead plaintiff for the proposed Class. To serve as a lead plaintiff, you must satisfy certain legal requirements. In making your decision, you should take into account that those with large financial losses resulting from the alleged federal securities law violations are given preference in being appointed lead plaintiff.

If you have suffered a net loss for all transactions in Dendreon Corporation securities during the Class Period (including shares or calls purchased during, but retained after, the Class Period or put options sold but not covered until after the Class Period), you may obtain additional information about this lawsuit and your ability to become a lead plaintiff by contacting Brower Piven (without obligation or cost to you) at www.browerpiven.com, by email at hoffman@browerpiven.com, by calling 410-986-0036, or at Brower Piven, The World Trade Center-Baltimore, 401 East Pratt Street, Suite 2525, Baltimore, Maryland 21202. The partners at the firm responsible for this case have combined experience in securities and class action litigation of over 40 years. If you choose to retain counsel, you may retain Brower Piven, or you may retain other counsel of your choice.



AT&T Fails to Block Roaming Fee Class Action
Class Action News | 2007/07/16 19:09

AT&T has lost an attempt to block a class-action lawsuit which is suing the carrier for alleged over-charging roaming fees. AT&T, known at the time as Cingular Wireless had tried to argue before Washington State's Supreme Court that the customers had signed a contract which included a clause forbidden the customer from starting a class-action lawsuit, but the court decided that the clause was unfair and sent the case back to the trial court in King County where it began.

The lawsuit was filed back in 2004 against Cingular has claimed that the carrier advertised free roaming in areas covered by AT&T Wireless - which at the time was actually a separate company - but charged customers for the roaming service. It is claimed that Cingular had overcharged customers between $1 and $40 per month.

Public Justice, America's public interest law firm, based in Washington, DC which represented the customers, argued that Cingular's class action ban is "unconscionable" under state law because it forces customers to arbitrate their individually-small claims one-by-one and denies them the option of acting as a group with a common grievance for any reason. Public Justice also argued that federal law does not trump state laws that preclude companies from barring class actions in contract provisions.

"This decision is likely to have a significant influence on the way other courts think about this issue," said Paul Bland of Public Justice, who argued the appeal. "A number of courts around the country are wrestling with this issue right now, and the Washington Supreme Court's opinion is so thoughtful and well-reasoned that it is likely to persuade many other courts to also protect consumer rights."

In striking down the class action ban, the court emphasized that, if Cingular's customers couldn't bring a class action, they would be prevented from pursuing valid claims against the company. Writing for the 6-3 majority, Justice Tom Chambers stated that, if enforced, Cingular's class action ban would "effectively den[y] large numbers of consumers the protection of Washington's Consumer Protection Act."

The court also recognized that class actions are necessary to "strongly deter future similar wrongful conduct, which benefits the community as a whole."



Microsoft faces class-action suit over Xbox 360
Class Action News | 2007/07/12 16:15

A Florida man has filed a $5 million federal class-action lawsuit against Microsoft this week, claiming the company is responsible for a defect in the Xbox 360 that scratches game discs and makes them unusable. Jorge Brouwer of Broward County filed the suit Monday in U.S. District Court in Fort Lauderdale, Fla. The suit was first reported on the gaming site Joystiq.

The suit claims that the Xbox 360 was "negligently designed and manufactured" in that the video-game console's laser disc reading assembly contacts and scratches discs. "The scratches to the game discs render them unreadable or otherwise inoperable," the suit says. Brouwer said the Xbox 360 he bought in November 2006 destroyed the Gears of War and Madden NFL '0" video-game discs he bought for $50 each. Microsoft was not immediately available for comment.

The lawsuit was filed less than a week after Microsoft said it would set aside more than $1 billion to extend the warranty protection on the Xbox 360 to cover what the company called an "unacceptable" number of repairs to the consoles. The main problem was a defect that caused a general hardware failure. Microsoft said it would take a financial charge against pretax earnings of as much as $1.15 billion in the quarter ending June 30 to cover the cost of the extended warranty protection.

In his lawsuit, Brouwer claimed to have received thousands of complaints from U.S. Xbox users who have had game discs damaged. Microsoft has replaced some damaged disks at $20 each, provided the games were made by Microsoft, the suit said. "However, defendant has not replaced all of its titles that have been scratched and refused to replace or provide any compensation for any scratched game discs made by third-parties."

The suit alleges that the problem is not limited to the United States. A Dutch TV program, Kassa, received numerous complaints in February of disc-damaging Xbox consoles from customers in that country, the suit noted. Kassa investigated and later ran its own tests, which found that some Xbox 360s scratched game discs after five hours of playing.

Microsoft Netherlands, according to the suit, acknowledged that disc scratching was possible in some machines, and the company "would seek a solution for the Dutch customers with this problem."

The complaint also lists Microsoft's extended warranty plan as further proof of the Xbox's defective hardware. "At all times material to this complaint, the defendant had full knowledge that there are other numerous design defects with its Xbox 360 system and console, including the defective laser disc reading assembly," the complaint said.

In seeking damages, the suit alleges that Microsoft has breached its warranty to customers and is liable for damages caused by the consoles. The suit asks the court to order Microsoft to pay actual and consequential damages, including replacing damaged discs and repairing defective consoles. The Xbox costs as much a $479.

In December, the family of an Illinois infant who died in a house fire sued Microsoft, claiming the blaze was started by an Xbox that overheated.



Pozen settles class-action lawsuit against company
Class Action News | 2007/07/10 12:11

Pozen Inc. (POZN.O: Quote, Profile, Research), which develops drugs to treat acute and chronic pain, said on Tuesday it has settled a class-action lawsuit filed against the company and its chief executive officer, Dr. John Plachetka.

Pozen said all claims against the company and Plachetka will be dropped without admission of wrongdoing by any party.

The settlement agreement, which remains subject to court approval, will be funded with proceeds from the company's directors and officers' liability insurance.

About POZEN

POZEN is a pharmaceutical company committed to developing therapeutic advancements for diseases with unmet medical needs where it can improve efficacy, safety, and/or patient convenience. POZEN's efforts are focused primarily on the development of pharmaceutical products for the treatment of acute and chronic pain and other pain-related conditions. POZEN has development and commercialization alliances with GlaxoSmithKline for the proposed product candidate Trexima combining sumatriptan, formulated with RT Technology, and naproxen sodium in a single tablet for the acute treatment of migraine, which is currently under review by the United States Food and Drug Administration, and with AstraZeneca for proprietary fixed dose combinations of naproxen with the proton pump inhibitor esomeprazole magnesium in a single tablet for conditions such as osteoarthritis and rheumatoid arthritis in patients who are at risk for developing NSAID-associated gastric ulcers. The company's common stock is traded on The Nasdaq Stock Market under the symbol "POZN". For detailed company information, including copies of this and other press releases, see POZEN's website: www.pozen.com.



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