Sunday, May 22, 2005

Taipei Times - archives

Taipei Times - archives: "A panel of federal appeals-court judges in Manhattan handed the tobacco industry a victory on Friday by striking down a sweeping proposal by a judge in Brooklyn to organize a single high-stakes trial that might have subjected the industry to billions of dollars in damages.

Three judges of the 2nd US Circuit Court of Appeals ruled unanimously against the proposal of Judge Jack Weinstein of Federal District Court in Brooklyn, saying his plan was flawed for technical reasons.

The proposal was returned to Weinstein's court.

Whether the high-stakes trial would ever reach a courtroom turned on technical legal issues such as who had the right to sue and enter what is known as a class action, and whether the proceeding was fundamentally fair by placing a limit on potential damages." (Full article at link)

The Standard - Thousands in class action - Metro Section

The Standard - Thousands in class action - Metro Section: "More than 5,000 protesters celebrated Mother's Day with a march from Charter Garden to government headquarters demanding more small classes in schools.

Braving the year's first amber rainstorm warning, teachers, parents and students urged the government to divert funds saved from the declining student population to small-class teaching.

One mother, Ip Kwai-kwan, said teachers can better serve the needs of individual students in smaller classes of no more than 25 students, instead of the ``normal'' classes of 40." (Full article at link)

Law Offices Of Charles J. Piven, P.A. Announces Class Action Lawsuit Against MBNA Corp. : ArriveNet Press Releases : Business

Law Offices Of Charles J. Piven, P.A. Announces Class Action Lawsuit Against MBNA Corp. : ArriveNet Press Releases : Business: "BALTIMORE, MD -- (Market Wire - May 06, 2005) -- Law Offices Of Charles J. Piven, P.A. today announced that a securities class action was commenced on behalf of shareholders who purchased, converted, exchanged or otherwise acquired the common stock of MBNA Corp. (NYSE: KRB) between January 20, 2005, and April 21, 2005, inclusive (the 'Class Period').

The case is pending in the United States District Court for the District of Delaware against defendant MBNA and one or more of its officers and/or directors. The action charges that defendants violated federal securities laws by issuing a series of materially false and misleading statements to the market throughout the Class Period, which statements had the effect of artificially inflating the market price of the Company's securities." (Full article at link)

US News Article | Reuters.com - Appeals court decertifies tobacco class action

US News Article | Reuters.com: "CHICAGO (Reuters) - A federal appeals court in New York on Friday overturned a wide-ranging ruling that would have established a nationwide class action for smokers to sue tobacco companies seeking punitive damages under New York law, according to a court document.

The decision by the U.S. Second Circuit Court of Appeals overturned a 2002 ruling by U.S. District Judge Jack Weinstein that had established the nationwide class for smokers to seek punitive damages from the tobacco industry for denying and concealing the health risks associated with tobacco." (Full article at link)

EDS to settle in class action on 401(k)

EDS to settle in class action on 401(k): "WASHINGTON -- Electronic Data Systems Corp. said Friday it has reached a preliminary $16.5-million settlement of a class action, which will require the computer-services company to make changes to its 401(k) plan.

In a quarterly filing with the Securities and Exchange Commission, EDS said the settlement calls for the company to make a cash payment to the plaintiffs. The company hasn't admitted to any liability or wrongdoing in the case." (Full article at link)

law.com - Article

law.com - Article: "A new class action lawsuit in Florida alleges that Morgan Stanley committed violations of discovery rules in as many as 1,000 securities arbitration cases across the country. Coral Springs, Fla., lawyer Darren C. Blum filed the suit on behalf of Miami firefighter Robert Quintana, his wife, Alina, and other Morgan Stanley clients said to be in their situation.

Last June, the Quintanas received a $400 award in an NASD arbitration proceeding against the New York City-based financial services giant. " (Full article at link)

PRESS RELEASE Law Offices Of Charles J. Piven, P.A. Announces Class Action Lawsuit Against MBNA Corp.

PRESS RELEASE Law Offices Of Charles J. Piven, P.A. Announces Class Action Lawsuit Against MBNA Corp.: "BALTIMORE, MD -- (MARKET WIRE) -- 05/06/2005 -- Law Offices Of Charles J. Piven, P.A. today announced that a securities class action was commenced on behalf of shareholders who purchased, converted, exchanged or otherwise acquired the common stock of MBNA Corp. (NYSE: KRB) between January 20, 2005, and April 21, 2005, inclusive (the 'Class Period').

The case is pending in the United States District Court for the District of Delaware against defendant MBNA and one or more of its officers and/or directors. The action charges that defendants violated federal securities laws by issuing a series of materially false and misleading statements to the market throughout the Class Period, which statements had the effect of artificially inflating the market price of the Company's securities." (Full article at link)

Nevada high court takes up class-action construction defect case

Nevada high court takes up class-action construction defect case: "The Nevada Supreme Court is considering whether a construction defect lawsuit involving homes in North Las Vegas should have been a class-action case.

A lawyer for Atlanta-based Beazer Homes told justices yesterday that class-action status was unwarranted, and a 7.3 million dollar jury verdict against the company should be overturned." (Full article at link)

Milberg Weiss Announces the Filing of a Class Action Suit Against FindWhat.com and Certain of Its Officers and Directors on Behalf of Investors

Milberg Weiss Announces the Filing of a Class Action Suit Against FindWhat.com and Certain of Its Officers and Directors on Behalf of Investors: "The Complaint alleges that Defendants issued, or caused to be issued, false and misleading statements during the Class Period to artificially inflate the value of FindWhat.com stock. Beginning on January 5, 2004, with the completion of the first in a series of mergers and acquisitions by the Company in 2004, the Company began to accrue intangible assets in excess of their actual value. In violation of Generally Accepted Accounting Principals ('GAAP'), the Company disagreed with its outside auditor, Ernst & Young LLP, with respect to the need to recognize an impairment of its goodwill in connection with the Company's 2004 consolidated financial statements. As a result of the dispute, on May 2, 2005, Ernst & Young LLP resigned. Ernst & Young LLP also informed the Company of six material weaknesses in the Company's system of internal control over financial reporting, and these matters relate to (i) purchase accounting, (ii) goodwill impairment, (iii) revenue recognition for private label agreements and other revenue agreements, excluding those related to FindWhat.com Network revenue, (iv) personnel resources and technical accounting expertise, (v) quarterly and year-end financial statement close and review process, and (vi) segregation of duties. On May 4, 2005, the Company surprised the market with the announcement of the resignation of its CFO, Defendant Brenda Aguis. As a result of these disclosures, During the class period, Defendants and other Company insiders knew, or recklessly disregarded the Company's inadequate internal control problems to facilitate the false impression of financial success to investors. While Defendants had misled the investing public and inflated the value of FindWhat.com's stock during the class period, insiders sold 680,959 shares for ..." (Full article at link)

mysan.de - be updated - Chimicles & Tikellis LLP Announces Class Action Lawsuit Against Xybernaut Corporation, and Certain of Its Officers and Directo

mysan.de - be updated - Chimicles & Tikellis LLP Announces Class Action Lawsuit Against Xybernaut Corporation, and Certain of Its Officers and Directors: "WILMINGTON, Del., May 6 /PRNewswire/ -- The law firm of Chimicles & Tikellis LLP announces that a securities class action lawsuit was commenced on May 2, 2005, in the United States District Court for the District of Delaware (Civil Action No. 05-cv-256) against Xybernaut Corporation ('Xybernaut'). The action was brought on behalf of all persons (the 'Class') who purchased shares in Xybernaut between March 27, 2003, and April 19, 2005, inclusive (the 'Class Period').

Within sixty days from the first publication of notice dated April 15, 2005, any member of the Class may move the Court to serve as lead plaintiff. If you would like to consider serving as a lead plaintiff or have any questions about this class action, or your rights or interests, please contact plaintiff’s counsel Pamela S. Tikellis or Robert Davis toll-free at 866-399-2487 or via e-mail at pamelatikellis@chimicles.com or robertdavis@chimicles.com. For more detailed information about Chimicles & Tikellis LLP, please visit its website at http://www.chimicles.com/. Any member of the Class may move the Court to serve as Lead Plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.

The Complaint charges Xybernaut, Edward G. Newman, Steven A. Newman, M.D., and Thomas D. Davis with violations of the federal securities laws, specifically sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder. The Complaint alleges that defendants have issued materially misleading statements to the market during the class period." (Full article at link)

Ruling allowing a class action against tobacco overturned - May. 6, 2005

Ruling allowing a class action against tobacco overturned - May. 6, 2005: "CHICAGO (Reuters) - A federal appeals court in New York overturned a wide-ranging ruling Friday that would have established a nationwide class action for smokers to sue tobacco companies seeking punitive damages under New York law, according to a court document.

The decision by the U.S. Second Circuit Court of Appeals overturned a 2002 ruling by U.S. District Judge Jack Weinstein that had established the nationwide class for smokers to seek punitive damages from the tobacco industry for denying and concealing the health risks associated with tobacco." (Full article at link)

Class Action Challenges Casket Prices

Class Action Challenges Casket Prices: "A lawsuit charges the leading U.S. casket manufacturer and three large funeral home chains with blocking casket discounters from the marketplace and conspiring to drive casket prices up.

The lawsuit charges that funeral homes routinely sell caskets for as much as six times their wholesale cost. Filed in San Francisco federal court, the suit seeks to be certified as a class-action, representing millions of Americans who bought caskets since 2001." (Full article at link)

Milberg Weiss Announces The Filing Of A Class Action Suit Against Xybernaut Corporation, Certain Of Its Officers and Directors, and Grant Thornton LLP

Milberg Weiss Announces The Filing Of A Class Action Suit Against Xybernaut Corporation, Certain Of Its Officers and Directors, and Grant Thornton LLP on Behalf of Investors: "NEW YORK--(BUSINESS WIRE)--May 5, 2005--The law firm of Milberg Weiss Bershad & Schulman LLP announces that a class action lawsuit was filed on May 4, 2005 on behalf of all persons who purchased or otherwise acquired the securities of Xybernaut Corporation ('Xybernaut') (NasdaqSC: XYBRE), between May 10, 2002 and April 8, 2005, inclusive (the 'Class Period'), seeking to pursue remedies under the Securities Exchange Act of 1934 (the 'Exchange Act'). A copy of the complaint filed in this action is available from the Court, or can be viewed on Milberg Weiss's website at: http://www.milbergweiss.com


If you purchased or otherwise acquired the securities of Xybernaut between May 10, 2002 and April 8, 2005, inclusive, and sustained damages, you may, no later than June 14, 2005, request that the Court appoint you as lead plaintiff. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class. Under certain circumstances, one or more class members may together serve as 'lead plaintiff.' Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. You may retain Milberg Weiss Bershad & Schulman LLP, or other counsel of your choice, to serve as your counsel in this action." (Full article at link)

PRESS RELEASE Class Action Lawsuit Filed Against Doral Financial Corp.

PRESS RELEASE Class Action Lawsuit Filed Against Doral Financial Corp.: "NEW YORK, NY -- (MARKET WIRE) -- 05/05/2005 -- Abraham Fruchter & Twersky LLP today announced that a class action has been commenced in the United States District Court for the Southern District of New York on behalf of purchasers of Doral Financial Corp. ('Doral') (NYSE: DRL) publicly traded securities during the period between October 10, 2002 and April 19, 2005 (the 'Class Period').

The complaint charges Doral and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Doral is a diversified financial services company engaged in mortgage banking, commercial banking, institutional broker-dealer activities and insurance agency activities.

The complaint alleges that during the Class Period, defendants made materially false and misleading statements regarding the Company's business and prospects. On January 19, 2005, the company reported fourth quarter earnings and for the first time warned of potential trouble with its hedging strategy against interest rate changes through its use of a derivative portfolio of interest-only strips ('IO Strips'). Doral was forced to record a $97.5 million pretax impairment charge on its derivative portfolio of IO Strips. On March 15, 2005, Doral filed its Annual Report on Form 10-K with the Securities and Exchange Commission ('SEC'). In its 2004 Annual Report the Company disclosed for the first time its use of overly aggressive assumptions in valuing its derivatives portfolio of IO Strips. In a matter of days Doral stock plummeted from $38.29 per share to $21.50 per share in extremely heavy volume of more than ten times the daily average." (Full article at link)

Landskroner - Grieco - Madden, Ltd. Files Securities Class Action Against Xybernaut Corporation - XYBRE

Landskroner - Grieco - Madden, Ltd. Files Securities Class Action Against Xybernaut Corporation - XYBRE: "CLEVELAND, May 5, 2005 (PRIMEZONE) -- Landskroner - Grieco - Madden, Ltd., has filed a lawsuit seeking class action status in the United States District Court for the District of Delaware on behalf of all persons (the 'Class') who purchased the securities of Xybernaut Corporation (Nasdaq:XYBRE) ('Xybernaut' or the 'Company') during the period March 27, 2003 and April 8, 2005 (the 'Class Period'). A copy of the Complaint may be obtained from the Court, or you can call our offices toll free at (866) 522-9500 to speak with an attorney regarding this matter and we will send you a copy of the Complaint.

The Complaint charges Xybernaut, Edward G. Newman, Steven A. Newman, M.D., and Thomas D. Davis with violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. More specifically, the Complaint alleges that the Company omitted or misrepresented material facts about its financial condition, business prospects, revenue expectations and internal controls during the Class Period." (Full article at link)

RMG may face shareholders class action - Breaking News - Business - Breaking News

RMG may face shareholders class action - Breaking News - Business - Breaking News: "Angry shareholders of troubled debt collector RMG Ltd may file a class action against the company, which cut 100 jobs on Friday.

Creditors demanded to know why they had been reassured about RMG's financial position in February, only for it to go into administration last week.

A group of three major investors and about 15 smaller investors have joined forces and asked lawyers Maurice Blackburn Cashman to investigate the possibility of a class action against RMG.

Speaking after a creditors' meeting, Maurice Blackburn Cashman partner Bernard Murphy said the story they heard on Friday was very different to the one investors were told when the company had been raising funds." (Full article at link)

The Pomerantz Firm Appointed Lead Counsel in Securities Class Action Lawsuit against Silicon Storage Technology, Inc. -- SSTI

The Pomerantz Firm Appointed Lead Counsel in Securities Class Action Lawsuit against Silicon Storage Technology, Inc. -- SSTI: "NEW YORK, May 5, 2005 (PRIMEZONE) -- Pomerantz Haudek Block Grossman & Gross LLP (www.pomerantzlaw.com) has been appointed Lead Counsel in the federal class action lawsuit against Silicon Storage Technology, Inc. ('Silicon Storage' or the 'Company') (Nasdaq:SSTI) and three of the company's officers in United States District Court, Northern District of California. The Louisiana State Employees' Retirement System and the State of Louisiana District Attorney's Retirement System are Lead Plaintiffs. The case has been brought under the Securities Exchange Act of 1934 on behalf of purchasers of Silicon Storage securities between March 22, 2004 and December 20, 2004, inclusive (the 'Class Period').

Silicon Storage produces flash memory semiconductor devices, including so-called Nor flash memory devices, used in personal computers, digital cameras and other consumer products. Revenue from sales of such devices has contributed about 50% of the Company's reported revenue." (Full article at link)

The Korea Times : Non-Banks Prepare for Class Action Suit

The Korea Times : Non-Banks Prepare for Class Action Suit: "The Financial Supervisory Service (FSS) said Thursday that it will help non-bank financial institutions better prepare for the class action lawsuit system which took effect early this year.

``Unlike commercial banks which appear to be well-prepared, non-bank financial companies still do not understand the system and the ripple effects,'' said Won Woo-jong, FSS' non-banking supervision director." (Full article at link)

Investors File Class-Action Suit Against Tribune Co. Over Circ Inflation

Investors File Class-Action Suit Against Tribune Co. Over Circ Inflation: "NEW YORK A federal class-action lawsuit was filed against the Tribune Co. on Tuesday alleging the company misled investors when it reported false circulation numbers.

The suit, filed by Lawrence Hollie on behalf of himself and other stockholders, claims Tribune deceived investors by reporting false quarterly earnings based on inflated circulation." (Full article at link)

· IN-FORUM ·Class action OK'd in Minot case

· IN-FORUM ·: "Victims of the 2002 train derailment and anhydrous ammonia spill in Minot, N.D., can sue Canadian Pacific Railway under class action status, a federal judge ruled Thursday.

Chief Judge Daniel L. Hovland's opinion in U.S. District Court in Bismarck could bring between 15,000 and 20,000 people into the personal injury lawsuit, said Fargo attorney Mike Miller. Miller's firm represents three Minot residents who initially filed a lawsuit on behalf of themselves and other affected residents." (Full article at link)

law.com - Judge Rejects Class Action for Monitoring of Prempro Users

law.com - Article: "A Philadelphia judge refused last week to certify a proposed statewide class action in which women were seeking medical monitoring, linking an increased risk of developing breast cancer to the hormone-replacement drug Prempro.

Common Pleas Judge Mark I. Bernstein noted that both plaintiffs' experts agreed that determining whether a member of the potential class qualified for special medical treatment would require an individual assessment of the risk factors -- aside from Prempro use -- affecting each woman.

Bernstein wrote that the class could include as many as 720,000 Pennsylvania women who used the hormone replacement drug. " (Full article at link)

CORRECTING and REPLACING Proposed Class Action Settlement Reached Arising from Norfolk Southern Train Disaster in Graniteville, S.C.

CORRECTING and REPLACING Proposed Class Action Settlement Reached Arising from Norfolk Southern Train Disaster in Graniteville, S.C.: "The corrected release reads:

PROPOSED CLASS ACTION SETTLEMENT REACHED ARISING FROM NORFOLK SOUTHERN TRAIN DISASTER IN GRANITEVILLE, S.C.

Proposed Settlement Provides Relief for Persons with Claims Related to Property Damage, Evacuation and Minor Personal Injuries from January 2005 Chlorine Spill

Motley Rice LLC today announced that it has participated in the negotiation of an agreement in principal by way of a Class Action Settlement with Norfolk Southern for the real property and personal property claims for the citizens of Graniteville, South Carolina, as well as compensation for the evacuation and minor injuries resulting from the January 6, 2005 derailment in Graniteville.

'We are pleased to be able to participate in bringing some prompt economic relief to this community. We are pleased to see the railroad coming forward and working in good faith with us to provide the unfortunate victims of this derailment with a basis for economic recovery without delay and without the necessity of long drawn out litigation,' Joe Rice, the Motley Rice Member who led the negotiations stated. 'From the beginning it has been our goal with this Class Action to ensure that anyone affected by the derailment and the chlorine spill get the help they needed and get it quickly. We are pleased that this settlement has been reached.'" (Full article at link)

IBM hard drive class action gains more density

IBM hard drive class action gains more density: "Because fall over they did, in huge numbers. Eventually, the line was discontinued and replaced with the 60GXP, which was a little slower but far less likely to die, taking all your data to the grave.

The class action alleges that IBM knowingly sold these drives without caring about the defects. The website lists qualifying serial numbers, although you'll need to prove you bought one. We know lots of PC vendors did.

Amusingly, the F.A.Q. has this question:

Q. Am I being sued?
A. No. This is not a lawsuit against you, and you are not required to respond.

Presumably, they don't expect anyone from IBM to read the site, then? [Do IBM employees have the Internet yet? Ed." (Full article at link)

IBM offers to settle hard drive action class action | The Register

IBM offers to settle hard drive action class action | The Register: "IBM has offered to settle a class action lawsuit brought against it by owners of Deskstar 75GXP hard drives. The suits against the company allege that Deskstar drive in question couldn't reliably store or retrieve data. They also accuse IBM of making 'false and inaccurate statements and representations concerning the reliability of these hard disk drives'.

In the settlement notice, IBM continues to deny all the allegations against it: 'IBM has vigorously denied, and continues to deny, all liability with respect to any and all of the causes of action, facts and claims alleged in the Action and the other similar actions, and denies that it has engaged in any wrongdoing.'" (Full article at link)

Tuesday, May 03, 2005

PharmaLive: Court Dismisses Federal Class Action Suit Against VaxGen

PharmaLive: Court Dismisses Federal Class Action Suit Against VaxGen: "BRISBANE, Calif., May 03, 2005 /PRNewswire-FirstCall/ -- VaxGen, Inc. (Pink Sheets: VXGN.PK) announced today that the United States District Court for the Northern District of California has dismissed with prejudice a class action lawsuit filed against the company in March 2003.

VaxGen announced on April 11, 2005 that the Court had dismissed the case (No. C 03-01129 JSW), but had provided the plaintiffs an opportunity to amend their complaint. The deadline for amendment set by the Court was April 29, 2005. The court has now ruled that since an amended complaint was not filed by the deadline, the case and all the consolidated actions must be dismissed with prejudice." (Full story at link)

Business Insurance - Corporate Risk and Employee Benefit Management news

Business Insurance - Corporate Risk and Employee Benefit Management news: "LOS ANGELES—Health Net Inc. will spend up to $140 million to settle a lawsuit with 900,000 physicians regarding its claims payment practices and institute a new system to more efficiently manage future claims.

The Los Angeles-based managed care company has agreed to implement many changes to its business practices, including enhanced disclosure of certain claims payment practices; payment of electronically submitted claims in 15 days and 30 days for paper claims; and establishing an external review board to facilitate prompt, independent resolution of billing disputes." (Full story at link)

Milberg Weiss Announces The Filing Of A Class Action Suit Against BearingPoint, Inc., And Certain Of Its Officers and Directors On Behalf of Investors

Milberg Weiss Announces The Filing Of A Class Action Suit Against BearingPoint, Inc., And Certain Of Its Officers and Directors On Behalf of Investors: "NEW YORK--(BUSINESS WIRE)--May 3, 2005--The law firm of Milberg Weiss Bershad & Schulman LLP announces that a class action lawsuit was filed on May 2, 2005, on behalf of purchasers of the securities of BearingPoint, Inc. ('BearingPoint' or the 'Company') (NYSE: BE) between August 14, 2003 and April 20, 2005, inclusive, (the 'Class Period') seeking to pursue remedies under the Securities Exchange Act of 1934 (the 'Exchange Act').

If you bought the securities of BearingPoint between August 14, 2003 and April 20, 2005, and sustained damages, you may, no later than June 24, 2005, request that the Court appoint you as lead plaintiff. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class. Under certain circumstances, one or more class members may together serve as 'lead plaintiff.' Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. You may retain Milberg Weiss Bershad & Schulman LLP, or other counsel of your choice, to serve as your counsel in this action." (Full story at link)

Madison County Record | Illinois Court News | Litigation-- Class Action, Asbestos, Medical Malpractice News

Madison County Record | Illinois Court News | Litigation-- Class Action, Asbestos, Medical Malpractice News: "If the people who sue their mortgage company over a $9.46 claim cut a deal with them for $25,000, the lawsuit should go away, right?

Not this Madison County class action lawsuit. It's on to the appellate court." (Full story at link)

Barrack, Rodos & Bacine Commences Securities Class Action Suit on Behalf of Investors in Orange 21, Inc. Common Stock

Barrack, Rodos & Bacine Commences Securities Class Action Suit on Behalf of Investors in Orange 21, Inc. Common Stock: "Barrack, Rodos & Bacine announces that it has filed a class action lawsuit in the United States District Court for the Southern District of California on behalf of all investors who acquired common stock of Orange 21, Inc. (Nasdaq: ORNG - News; 'Orange') in, or traceable to, the company's initial public offering on December 14, 2004 (the 'Class')." (Full story at link)

mysan.de - be updated - Norfolk Southern Supports Graniteville Accident Settlement

mysan.de - be updated - Norfolk Southern Supports Graniteville Accident Settlement: "NORFOLK, Va., May 3 /PRNewswire-FirstCall/ -- Norfolk Southern Corporation issued the following statement regarding today’s hearing before the U.S. District Court of South Carolina, Aiken Division. The court received a proposed class action settlement agreement that would provide restitution for minor personal injury, expenses and inconvenience associated with the railroad’s Jan. 6, 2005, derailment at Graniteville, S.C. Details of the settlement will continue to be negotiated, and the parties expect to have a final agreement for court approval before the end of the month. (Full story at link)

'Although additional details still need to be worked out, Norfolk Southern endorses the agreement outlined to the court today. It is timely, fair and constructive."

Health Net settles class action lawsuit

Health Net settles class action lawsuit: "MAY. 3 12:32 P.M. ET Health Net Inc., a provider of managed health care, said Tuesday it reached a settlement with about 900,000 physicians to end various class action lawsuits filed in September 1999." (Full story at link)

Monday, May 02, 2005

Celebrex: cardiovascular risk similar to Vioxx - IMMP study

Celebrex: cardiovascular risk similar to Vioxx - IMMP study: "Patients taking the arthritis drug Celecoxib ( Celebrex ) have a similar risk of heart attacks and stroke as those taking the withdrawn drug Rofecoxib ( Vioxx ), according to a new study by the New Zealand Intensive Medicines Monitoring Programme ( IMMP ).

Rofecoxib was withdrawn from the market worldwide because of concerns relating to cardiovascular safety." (Full article at link)

montgomeryadvertiser.com - Vioxx death lawsuit to be postponed

montgomeryadvertiser.com: "The Alabama woman suing the makers of Vioxx over the Sept. 4, 2001, death of her husband may have to wait longer still for her day in court.

A federal judge has asked that the case be postponed as federal litigation continues." (Full article at link)

FT.com / Companies / Drugs & healthcare - Merck trial for Vioxx faces delay

FT.com / Companies / Drugs & healthcare - Merck trial for Vioxx faces delay : "The potential postponement this week of the first trial against Merck over its withdrawn painkiller Vioxx could be unfavourable for the US drugmaker, as plaintiffs' attorneys push a stronger case." (Full article at link)

Disinformation :: The Side Effects Of Truth

Disinformation :: The Side Effects Of Truth: "'Dr. David Graham is losing weight again. His wife noticed first, then his colleagues at the Food and Drug Administration. Graham is a skinny man, and when he drops weight, his cheekbones seem to sit higher on his face. His striped cotton shirts, the frumpy uniform of a government scientist, hang more loosely on his narrow frame. But he isn't eating, and no wonder: Graham, the scientist who brought the Vioxx scandal to the nation's attention, feels like a marked man." (Full article at link)

Leading Rheumatologist Offers Tips for Natural Relief From Arthritis Pain

Leading Rheumatologist Offers Tips for Natural Relief From Arthritis Pain: "Over the past few months, millions of American arthritis sufferers have been forced to find alternatives to medication for their pain to avoid potentially deadly side effects. Soon after prescription medications Vioxx and Bextra were taken off the market for their potential cardiovascular and gastrointestinal health risks, the Food and Drug Administration (FDA) warned of similar risks associated with popular over-the-counter (OTC) pain relievers. Despite these developments, arthritis sufferers can achieve pain relief by adapting simple lifestyle changes into their daily routines. " (Full article at link)

Judge Refuses to Dismiss First Vioxx Lawsuit

Judge Refuses to Dismiss First Vioxx Lawsuit: "Montgomery, AL (PRWEB) May 2, 2005 -- On April 26th, the honorable Judge Rochester ruled against a defense petition to dismiss a Vioxx lawsuit filed by Beasley Allen on behalf of Cheryl Rogers (Circuit or State Court of Clay County in Ashland, Ala, case number CV 03-073, Cheryl Rogers V. Merck).

The suit was filed in August 2003 in Ashland, AL by Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. on behalf of Cheryl Rogers, the widow of Howard Brad Rogers. The lawsuit contends that Mr. Rogers, a 42-year-old ambulance dispatcher, died from a heart attack on September 4th, 2001, after taking Vioxx for shoulder pain. This case, the country's first involving Vioxx, is slated to go to trial on May 23rd." (Full article at link)

HeartCenterOnline For Patients - Judge sees Vioxx lawsuit lasting rest of decade

HeartCenterOnline For Patients - Judge sees Vioxx lawsuit lasting rest of decade: "May 02 (Reuters) - The lawsuits against Merck & Co. Inc. for the alleged damages caused by its painkiller Vioxx are expected to last up to five years, the U.S. judge said on Thursday." (Full article at link)

Settlement talks ordered in Vioxx case

Settlement talks ordered in Vioxx case: "MAY. 2 5:49 P.M. ET A state court judge has ordered Vioxx manufacturer Merck & Co. to begin settlement talks with the widow of an Alabama man who blames the pain medication for her husband's death, attorneys in the case said Monday.

The closed-door session will be held at the Clay County Courthouse in Ashland on Tuesday following a hearing before Circuit Judge John Rochester, who will consider a request from both sides to delay the trial, now set for May 23." (Full article at link)

NY1: Top Stories - Scratch N' Match Class Action Lawsuit Goes To Court

NY1: Top Stories: "The hundreds of outraged sweepstakes players who mistakenly thought they won cash prizes from the Daily News are taking their lawsuit to court Monday.

Lawyers say at least 1,500 people have joined a class-action lawsuit. Many of them are expected in State Supreme Court in the Bronx for Monday afternoon’s hearing. " (Full article at link)

Sunday, May 01, 2005

law.com - Judge Rebuffs Lawyer's Bid to Take Over Class Action by Strip-Searched Inmates

law.com - Article: "A Southern District of New York judge rebuffed a bid last week by one of the New York City's premier civil rights litigators to take over a class action brought on behalf of 57,000 persons who were strip-searched when they were admitted into city prisons because they could not make bail on misdemeanor charges. " (Full article at link)

PRESS RELEASE Schoengold Sporn Laitman & Lometti, P.C. Announces Class Action Lawsuit Against Doral Financial Corp. (DRL)

PRESS RELEASE Schoengold Sporn Laitman & Lometti, P.C. Announces Class Action Lawsuit Against Doral Financial Corp. (DRL): "NEW YORK, NY -- (MARKET WIRE) -- 04/29/2005 -- Schoengold Sporn Laitman & Lometti, P.C. filed a class action lawsuit against Doral Financial Corp. ('DRL' or the 'Company') (NYSE: DRL) and certain key officers and directors in the United States District Court for the Southern District of New York on behalf of all purchasers of DRL securities during the period between January 17, 2001 and April 19, 2005 (the 'Class Period'). If you purchased DRL securities during the Class Period and would like to join the action pursuing securities claims against the Company and its officer and director defendants, you may do so by visiting Schoengold Sporn Laitman & Lometti's website at www.spornlaw.com or contacting Schoengold Sporn Laitman & Lometti, toll free at (866) 348-7700 or via e-mail at shareholderrelations@spornlaw.com. However, please note that the deadline to seek lead plaintiff status in this case expires June 20, 2005." (Full article at link)

PRESS RELEASE Berger & Montague, P.C. Files Securities Class Action Suit Against Doral Financial Corp.

PRESS RELEASE Berger & Montague, P.C. Files Securities Class Action Suit Against Doral Financial Corp.: "PHILADELPHIA, PA -- (MARKET WIRE) -- 04/29/2005 -- Berger & Montague, P.C. today announced that litigation has begun on behalf of purchasers of the common stock of Doral Financial Corp. (NYSE: DRL) between March 15, 2004, and April 18, 2005. This Federal Securities fraud class action is pending in the United States District Court for the Southern District of New York." (Full article at link)

Chimicles & Tikellis LLP Files a Class Action Lawsuit Against William Lyon Homes and Its Directors on Behalf of Shareholders

Chimicles & Tikellis LLP Files a Class Action Lawsuit Against William Lyon Homes and Its Directors on Behalf of Shareholders: "WILMINGTON, Del., April 29 /PRNewswire/ -- Chimicles & Tikellis LLP filed a class action lawsuit on April 28, 2005 against William Lyon Homes and its directors in the Delaware Court of Chancery. The lawsuit seeks to enjoin William Lyon Homes' Chairman and Chief Executive Officer, William Lyon, from acquiring the stock of the public stockholders for inadequate consideration." (Full article at link)

Wechsler Harwood LLP Files Securities Class Action Suit against R&G Financial Corp. -- RGF

Wechsler Harwood LLP Files Securities Class Action Suit against R&G Financial Corp. -- RGF: "NEW YORK, April 29, 2005 (PRIMEZONE) -- Wechsler Harwood LLP today announced that it has filed a Federal Securities fraud class action suit on behalf of all purchasers of the common stock of R&G Financial Corp. ('R&G Financial' or the 'Company') (NYSE:RGF) between April 21, 2003 and April 26, 2005, both dates inclusive (the 'Class Period').

The action, entitled Reikes v. R&G Financial Corp., Case No. 05 CV 4265, is pending in the United States District Court for the Southern District of New York, and names as defendants, the Company, Chairman, Chief Executive Officer, and director, Victor J. Galan, its Vice Chairman and President, Ramon Prats, and its Executive Vice President, and Chief Financial Officer, Joseph Sandoval. A copy of the Complaint can be obtained from the Court or can be viewed on Wechsler Harwood web site at: www.whesq.com" (Full article at link)

Adam H. Smith, P.A., Announces Class Action on Behalf of Sellers of Tyco International Ltd. Common Stock Alleging Violations of Federal Securities Law

Adam H. Smith, P.A., Announces Class Action on Behalf of Sellers of Tyco International Ltd. Common Stock Alleging Violations of Federal Securities Laws: "BOCA RATON, Fla., April 29 /PRNewswire/ -- Adam H. Smith, P.A., announced today that it filed a class action lawsuit in the United States District Court for the Southern District of Florida on behalf of all persons or entities (the 'Class') who sold the common stock of Tyco International, LTD. ('Tyco') (NYSE: TYC - News) between June 15, 2002 and December 31, 2004, inclusive (the 'Class Period')." (Full article at link)

EETimes.com - Vishay settles Delaware class action suit over Siliconix offer

EETimes.com - Vishay settles Delaware class action suit over Siliconix offer: "SAN FRANCISCO — Vishay Intertechnology said Friday (April 29) it has executed a memorandum of understanding (MOU) with plaintiffs in a consolidated class action litigation pertaining to Vishay's pending exchange offer for the outstanding shares of Siliconix Inc." (Full article at link)

Schatz & Nobel, P.C. Announces Class Action Lawsuit Against Avaya, Inc.

Schatz & Nobel, P.C. Announces Class Action Lawsuit Against Avaya, Inc.: "HARTFORD, Conn., April 29 /PRNewswire/ -- The law firm of Schatz & Nobel, P.C., which has significant experience representing investors in prosecuting claims of securities fraud, announces that a lawsuit seeking class action status has been filed in the United States District Court for the District of New Jersey on behalf of all persons who purchased the publicly traded securities of Avaya, Inc. (NYSE: AV - News; 'Avaya' or 'the Company') between October 5, 2004 and April 19, 2005, inclusive (the 'Class Period'). Also included are all those who acquired Avaya through its acquisitions of Tenovis and RouteScience." (Full article at link)

Wolf Haldenstein Adler Freeman & Herz LLP Continues Class Action Lawsuit on Behalf of Investors in iMergent, Inc.

Wolf Haldenstein Adler Freeman & Herz LLP Continues Class Action Lawsuit on Behalf of Investors in iMergent, Inc.: "NEW YORK, April 29 /PRNewswire/ -- Wolf Haldenstein Adler Freeman & Herz LLP filed a class action lawsuit in the United States District Court for the District of Utah, on behalf of all persons who purchased the securities of iMergent, Inc. ('iMergent' or the 'Company') (Amex: IIG - News) between October 26, 2004 and February 25, 2005, inclusive, (the 'Class Period') against defendants iMergent and certain officers and directors of the Company. On April 28th, the Company issued a press release stating, 'iMergent Reports Record Fiscal Third Quarter Revenue, Pre-Tax Earnings and Cash Flows.' Our class action lawsuit is continuing and the last day to join is Monday, May 9, 2005." (Full article at link)

Attorney Christopher Gray Files Securities Fraud Class Action against BearingPoint Seeking Recovery of Investor Losses -- BE

"NEW YORK, April 29, 2005 (PRIMEZONE) -- Attorney Christopher Gray of the Law Office of Christopher J. Gray, P.C. ((212) 838-3221 or newcases@cjgraylaw.com) filed a class action lawsuit on April 26, 2005 in the United States District Court for the Eastern District of Virginia, on behalf of persons who purchased or otherwise acquired the publicly traded securities of BearingPoint, Inc. ('BearingPoint' or the 'Company') (NYSE:BE) between August 14, 2003 and April 21, 2005, inclusive (the 'Class Period'). The lawsuit asserts claims against BearingPoint, Randolph C. Blazer, Robert S. Falcone and PricewaterhouseCoopers, LLP ('defendants'). The lawsuit asserts claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated by the SEC thereunder and seeks to recover damages. Any member of the class may move the Court to be named lead plaintiff. If you wish to serve as lead plaintiff, you must move the Court no later than June 24, 2005." (Full article at link)