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Nevada Supreme Court takes up foreclosure case
Topics in Legal News | 2012/01/05 09:37
The Nevada Supreme Court weighed arguments Wednesday on whether U.S. Bank can foreclose on a Douglas County couple's home despite findings by a mediator that not all required documents were presented during mediation.

Lawyers involved in the case said the court's ruling could have wide repercussions on foreclosures in a state hard-hit by the collapse of the housing market.

Attorneys for Andrew and Lauretta Davis want justices to send the case back to Washoe County District Court for a hearing on whether documents handled by Mortgage Electronic Registration Systems, or MERS, were signed by an authorized officer and whether they properly conveyed the Davis' mortgage from the now-defunct Ownit Mortgage Solutions to U.S. Bank.

The couple's attorneys claim MERS lacked the authority to assign the loan to the bank.

"The certification for this assignment was not produced," attorney Mark Mausert argued before six of the high court's seven justices. Chief Justice Nancy Saitta missed the session but is expected to listen to arguments before a ruling is handed down at a later date.

A lawyer for the lender countered that the arguments raised by the Davis' attorneys go beyond the scope of Nevada's Foreclosure Mediation program, and that disputes over the validity of documents should be addressed in a separate lawsuit.


Court papers: NYC officer shooting suspect sorry
Court Watch | 2012/01/05 09:37
The man charged with murder in the shooting death of a police officer during a botched break-in apologized and said he didn't mean to fire the gun, according to court papers released Wednesday.

Lamont Pride, 27, and four others have pleaded not guilty in the death of Officer Peter Figoski, who was shot once in the face Dec. 12 as he tried to enter the basement apartment, the scene of a reported burglary. While Pride was being driven in a police car to central booking, he told police he was sorry, according to the papers.

"I didn't mean for this to happen," he said. "I didn't want to kill a cop. It went wrong and I'm sorry. I can't take it back," he said, according to the papers.

Through the stack of messy, hand-written statements gleaned from investigators, the plot emerges as a badly-conceived attempt to rob a drug dealer. Authorities said Pride and the others hatched the plot the day before to rob the apartment. Michael Velez, 21, stayed in the getaway car as the four others went in to the dingy, barely finished apartment at 25 Pine St. Ariel Tejada, 22, and Nelson Morales, 27, pistol-whipped the tenant and beat him while they ransacked the place, authorities charged.



Europe worries Wall Street again, and stocks fall
Stock Market News | 2012/01/05 09:36
Stocks are mostly lower in midday trading as worries about Europe's finances outweigh encouraging news about the U.S. job market.

The euro dropped to its lowest level against the dollar in more than a year Thursday, and stocks fell sharply in Italy and Spain.

The Dow Jones industrial average lost 47 points to 12,371. The Standard & Poor's 500 fell 2 points to 1,275. The Nasdaq edged up 4 points. The losses were steeper earlier in the day.

Retailers fell after reporting so-so December revenue. Target, J.C. Penney Co., Sears and Gap were all among the worst performers in the S&P 500, down more than 3 percent.

The discouraging news on Europe and retail sales outweighed a report that the number of people filing for unemployment benefits fell last week.


Court delays border-crossing pollution rule
Court News | 2012/01/04 09:10
A federal court Friday put on hold a controversial Obama administration regulation aimed at reducing power plant pollution in 27 states that contributes to unhealthy air downwind.

More than a dozen electric power companies, municipal power plant operators and states had sought to delay the rules until the litigation plays out. A federal appeals court in Washington approved their request Friday.

The EPA, in a statement, said it was confident that the rule would ultimately be upheld on its merits. But the agency said it was "disappointing" the regulation's health benefits would be delayed, even if temporarily.

Republicans in Congress have attempted to block the rule using legislation, saying it would shutter some older, coal-fired power plants and kill jobs. While those efforts succeeded in the Republican-controlled House, the Senate — with the help of six Republicans — in November rejected an attempt to stay the regulation. And the White House had threatened to veto it.


Izard Nobel LLP Announces Class Action Lawsuit
Securities Class Action | 2012/01/03 23:43
The law firm of Izard Nobel LLP, 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 Southern District of New York on behalf of purchasers of the American Depositary Shares of Veolia Environnement S.A. between April 27, 2007 and August 4, 2011, inclusive.

The Complaint charges Veolia and certain of its officers and directors violated the federal securities laws. Specifically, defendants failed to disclose the following adverse facts: (i) that Veolia was materially overstating its financial results by engaging in improper accounting practices; (ii) Veolia lacked adequate internal controls; and (iii) Veolia failed to timely record an impairment charge for its Transport business in Morocco, Environmental Services businesses in Egypt, Marine Services business in the U.S., and for Southern Europe.

On August 4, 2011, Veolia announced its half year results, for the period ended June 30, 2011. The Company reported consolidated revenue of EUR 16,286.7 million and operating income of EUR 252.2 million, compared to EUR 1100.7 million in the prior year period, due to "non-recurring write-downs amounting to EUR 686M." Veolia stated that it would exit certain businesses and certain geographies, including its Transport business in Morocco, Environmental Services businesses in Egypt, Marine Services business in the U.S. and in Southern Europe. On this news, Veolia ADSs fell $4.66 per share.

If you are a member of the class, you may, no later than February 27, 2012, request that the Court appoint you as lead plaintiff of the class. A lead plaintiff is a class member that acts on behalf of other class members in directing the litigation. Although your ability to share in any recovery is not affected by the decision whether or not to seek appointment as a lead plaintiff, lead plaintiffs make important decisions which could affect the overall recovery for class members.

While Izard Nobel LLP has not filed a lawsuit against the defendants, to view a copy of the Complaint initiating the class action or for more information about the case, and your rights, visit: www.izardnobel.com/veolia



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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
 
 
 

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