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Judge OKs class-action against Tribune ESOP trustee
Court Watch | 2011/03/11 11:50

Tribune Co. employees at the time of company’s 2007 leveraged buy-out are eligible to join a class action lawsuit against the ESOP trustee that represented their interests in the takeover by billionaire Sam Zell, a federal judge ruled Friday.

Any Tribune Co. employee or beneficiary who received or were entitled to an allocation to their employee stock ownership plans (ESOP) stock or ESOP cash accounts are now automatically members of the class suing Lisle-based GreatBanc Trust Co. for failing to fulfill its fiduciary responsibility in the deal, said Daniel Feinberg, an attorney representing the employees and other plaintiffs in the lawsuit.

U.S. District Judge Rebecca Pallmeyer’s ruling is the second set-back in less than a week for GreatBanc, the remaining defendant with significant liability in a 2008 lawsuit brought by Dan Neil and other Los Angeles Times staffers against the architects of the ill-fated going-private transaction.



Vivendi To Cut US Class Action Provision
Court Watch | 2011/02/24 09:12

Vivendi SA said Wednesday it will significantly reduce the EUR550 million provision it had made to cover potential damages for a U.S. class action case after a U.S. judge narrowed the size of the class.

The Paris-based company's potential liabilities have been slashed by 80% in light of the court victory, which will free up more cash as the group prepares to buy out Vodafone PLC's minority stake in telecoms operator SFR.

Vivendi made the provision in its 2009 accounts to cover any eventual payout after a jury in January last year found the company liable for 57 misstatements about its financial condition in the two years leading up to its near bankruptcy in 2002.

The damages arising from the ruling in January 2010, which was based on a class involving shareholders outside the U.S., could have totaled more than $9 billion, according to lawyers for the shareholders, although Vivendi's lawyer Herve Pisani rejected the sum as "unfounded."

The ruling Tuesday by U.S. District Judge Richard Holwell that shareholders who bought Vivendi shares outside the U.S. are barred from bringing fraud claims against the company in the U.S., considerably narrowed the overall size of the potential class.




Class Action Lawsuit Filed by Eagan Avenatti, LLP
Court Watch | 2011/02/14 04:13
Eagan Avenatti, LLP, a law firm specializing in consumer rights, filed a class action lawsuit earlier today in the United States District Court for the Northern District of Texas, Dallas Division (Case No. 3:11-cv-00248-M), alleging breach of contract, fraud and deceptive sales practices by Jerry Jones, the National Football League, the Dallas Cowboys Football Club and related defendants in connection with Super Bowl XLV held last Sunday in Arlington, Texas.

The complaint, which seeks compensatory damages of over $5 Million, claims that the unlawful acts of Jones, the NFL and the Cowboys resulted in approximately 400 fans who purchased tickets and traveled to the game being denied a seat, despite having spent thousands of dollars in tickets and travel expenses to attend the Super Bowl. The complaint also alleges that Jones and the Cowboys deceived Cowboys season ticket holders known as the “Founders” into paying $1,200 a seat for Super Bowl tickets that turned out to be temporary seats with obstructed views.

The “Founders,” who collectively account for over $100 Million in personal seat licenses sold to help fund construction of the stadium, each paid at least $100,000 per seat for their seat license, which the Cowboys and Jones promised would entitle them to the “best sightlines in the stadium” and the right to purchase a ticket to Sunday’s Super Bowl at face value. Instead, they arrived at the stadium Sunday to discover that they had been assigned to sit in obstructed view, temporary metal seats, which had only recently been installed in an effort to meet Jones’ goal of breaking NFL Super Bowl attendance records.


The Rosen Law Firm, P.A. Announces Class Action Settlement
Court Watch | 2011/01/26 09:05
The Oregon attorney general and the state treasurer have filed a pair of securities lawsuits against Countrywide Financial Corp. alleging the state pension and worker compensation funds suffered $14 million in damages resulting from investments in Countrywide.

The Statesman Journal reports the complaints filed Wednesday in Multnomah County Circuit Court in Portland accuse Countrywide of making false statements that inflated the prices of Countrywide's stock and bonds.

The state bought and sold shares of Countrywide stock and bonds from 2004 to March 2008. State officials said Countrywide claimed to deal in prime quality mortgage loans different from riskier loans by competitors when it was actually writing a higher volume of riskier loans.

Oregon opted out of a class-action settlement with Countrywide, which could have netted the state less than $500,000.



Judge opposes class action in TVA coal ash suits
Court Watch | 2011/01/20 11:19
The Tennessee Valley Authority won another round in a court fight against lawsuits from the utility's huge coal ash spill, with a magistrate saying no to plaintiff lawyers who asked to seek damages in a class action.

U.S. Magistrate Bruce Guyton recommended denying the class action status sought by attorneys for some of the 457 plaintiffs spread among about 50 current lawsuits, and for any others waiting to sue.

Since the Dec. 22, 2008, spill of 5.4 million cubic yards of toxin-laden sludge in the Emory River and on privately held land beside TVA's' Kingston Plant, the utility has negotiated buyouts of more than 170 properties and is continuing a cleanup that is projected to cost $1.2 billion.

"A class action is not superior to other available methods for fairly and efficiently adjudicating these cases," Guyton said in his recommendation.

"The diversity of claims in these cases and the danger of plaintiffs being excluded from asserting their individual claims for personal injury, medical monitoring, or other claims undermine the adequacy of representation" in a class action, the magistrate's recommendation said.



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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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