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19 Nov 4:16 pm
Much to my surprise, the Federal Trade Commission appears to be taking action against Pre-Paid Legal Services (NYSE:PPD) for making misleading representations in connection with
its Identity Theft Shield and Affirmative Defense Response System products. The company is ... Marketing Officer Mark Brown. The FTC seeks not only to take away the money Pre-Paid Legal
made on these services, but also permanent injunctive relief. Of course, the company's press release made no mention of all the work done ...
27 Oct, 2007 2:03 pm
... Ogden. Ante tal incertidumbre y tomando en cuenta la inexistencia actual de Ogden Entertainment Services Inc., impetran la falta de legitimación manifiesta de la
accionante para obrar, como la ... su oponibilidad al orden público nacional. Entre las causales manifestadas, y a título ejemplificativo, se señalan: su oposición al
procedimiento recurrido ... última parte del CPr 518, importa la conversión de la sentencia extranjera en título ejecutivo nacional, o sea, crea este último ejecutoria en base a
...
6 Sep, 2007 1:51 pm
... se desestiman las medidas cautelares pretendidas por la actora, se alza ésta en los términos de su presentación de fs. 47/49 vta. En la presentación inicial ... no pudiese
ser obtenida mediante otra medida precautoria (conf. art. 230, inc. 3, CPCCN). La solución expuesta, sin embargo, no resulta necesariamente extensiva a ... baja del registro de
sociedades extranjeras por parte de Creative & Response Research Services Inc. podría frustrar a la parte actora la posibilidad de demandar en el país a ...
29 Sep 10:10 pm
As promised shortly after Morgan, et al. v. AT&T Wireless Services, Inc. (September 23, 2009) was published, here is a longer post on the first substantial
application of In re Tobacco II Cases, 46 Cal. ... /GPRS network) in conjunction with multi-year service plans, and touted the improvements it was making to its GSM/GPRS network;
(2) the improvements AT&T made to the network significantly degraded the portion of the network on which the T68i phones operated; and (3) AT&T knew at the ...
9 Jun, 2007 6:01 pm
... SERVICES PROJECT, INC. V. BAWAC CLEANING SERVICES, INC GOVERNMENT CONTRACTS: Disability preferences; bidding2005-CA-002320 PUBLISHED: REVERSING AND
REMANDING JUDGES: VANMETER PRESIDING; PAISLEY & STUMBO CONCURS DATE RENDERED: ... value. The Cabinet correctly concluded that negotiations were not required in this case since BAWAC
failed to offer a service at a price comparable to that offered by CSP. Since the decision of the Cabinet is entitled to a presumption of correctness and since, for the ...
13 Oct 12:01 pm
... decision to apply Tobacco II, the Opinion in Morgan, et al. v. AT&T Wireless Services, Inc. (September 23, 2009) (covered on this blog here) is receiving
quite a bit of attention. On October 9, 2009, the Bureau of National Affairs, Inc. ("BNA") published an article entitled "Court Applies Tobacco II: Prop 64 Changed Standing ... ,
10 CLASS 906 (Oct. 10, 2009). Copyright 2009 by The Bureau of National Affairs, Inc. (800-372-1033) www.bna.com: If flash is not available in your browser, the ...
12 Feb 5:20 am
... an intermediary for real estate investment clients has sought bankruptcy protection because he can't meet withdrawal requests. Ron Raitz, founder and president of Real Estate
Exchange Services Inc. in Marietta, filed for Chapter 11 protection in the ... to buy... Raitz's company is what's called a qualified intermediary exchange firm. The
Internal Revenue Service normally taxes capital gains from the sale of an office tower or apartment building, provided it's sold at ...
12 Oct 2:06 pm
Comair, Inc.; and Comair Services, Inc. v. Lexington-Fayette urban County Airport Corporation et. Al 2007-SC-000602-TG October 1, 2009 Opinion by Justice Noble. All
sitting; all ... government. The Court rejected Comair's argument that the airport board was engaged in a purely proprietary function-distinguishing providing transportation
services from providing transportation infrastructure (terminals, runways, etc.). The Court concluded that the latter was a "quintessentially governmental function."
28 Sep 10:21 am
... first of all, thank Miranda for her great live-blog of the advanced class action seminar on September 15th. I haven't had a chance to review it carefully, but several people
have emailed me this new opinion, citing it as something of a post-Tobacco watershed: Morgan v. AT&T Wireless Services, Inc., ___ Cal.App.4th ___ (Sept. 23,
2009) (Second Appellate District, Division Four). I hope to take a closer look at the opinion and post more about it this week. ...
23 Sep 1:39 pm
While a more thorough analysis will follow, reader may be interested in taking a look at Morgan, et al. v. AT& T Wireless Services, Inc. (September 23, 2009).
In Morgan, the Court of Appeal (Second Appellate District, Division Four) is called upon to address the sufficiency of allegations in a consumer class action alleging causes of action
under the Unfair Competition Law (UCL) (Bus. & Prof. Code, § ...
13 Nov 4:19 pm
... -that's a 2.5% increase. Stifel has been working to turn its business into a full-service investment bank and its subsidiary, Stifel, Nicolaus, & Co., recently completed
its buy of 56 UBS Financial Services Inc. branches, which it purchased for at least $46 million. Stifel says the deal should increase the company' ... management. This
includes money market accounts ($1.7 billion) Reg U and Reg T loans ($204.4 million), and FDIC-insured balances. UBS was paid $29 million in ...
20 Jun 7:25 pm
The U.S. Supreme Court decision in Gross v. FBL Financial Services, Inc. has been hailed by the news media and some commentators as effecting a significant change in the
law which makes it " ... ultimate burden of proof is a mostly metaphysical question. The jury will either believe discrimination was the real reason for the termination decision, or it
won't. But the burden of proof would only be dispositive in the highly unlikely event that the jury determines that the evidence submitted by both ...
27 May 6:00 am
... down a number of interesting opinions relating to class actions in recent months: In Chalk v. T-Mobile USA, Inc., 560 F.3d 1087 (Mar. 27, 2009), the court struck down
an ... a class action ban as unconscionable under Oregon law. In Hunt v. Imperial Merchant Servs., Inc., 560 F.3d 1137 (Mar. 31, 2009), the court held, apparently for the first
... waiting for the Ninth Circuit to hand down its en banc opinion in Dukes v. Wal-Mart, Inc., nos. 04-16688 & 04-16720, which was argued on March 24, 2009.
29 Feb, 2008 10:27 am
... so important. We can kvetch all we want about the laws, but kvetching doesn't get financial results. This case was over a ministerial error of $44.63. The Defendant settled
for ... . The Court of Appeal reversed and only awarded $500. While the courts weren't having any of the exorbitant attorneys' fee arguments, they still had to award something
because ... (who really should do something about this.) I know they settled here so it doesn't matter-but does anyone think that if this case had ended up in a ...
28 Oct 4:07 am
Filed: October 5, 2009 Opinion by Judge James R. Eyler Held: Section 5-202 of Maryland's Courts and Judicial Proceedings Article tolls the three year statute of limitations of Section
5-101 during the pendency of a bankruptcy proceeding. The case was remanded to the lower court to apply Section 11 U.S.C 349(b) and determine whether the damages to be awarded should be
calculated based on the consent order issued by the bankruptcy court in a case that was later dismissed or the original contract ...
3 Mar, 2007 10:04 am
... e-mail account information be stored? canada.com e-mail (the "Service") is provided by Velocity Services, Inc. ("VSI"), a company located in and conducting its
business from the United States. ... all well and good, but I'm pretty confident that you can't wave a magic wand and say that PIPEDA no longer applies. Either ... S.C.R. 178).
The location of the website and the jurisdiction in which Accusearch Inc. was incorporated are not all controlling. [50] It would not be appropriate to comment further ...
17 Apr, 2007 11:03 pm
Data brokers who were sued last year by AT&T for purloining customer telephone records have settled with the telecommunications company. The 13 defendants were not initially
named in AT&T Services, Inc. v. John Doe, filed in District Courts in Texas and California, until AT&T was able to subpoena the Internet
service providers. They are now [...]
29 Sep 4:38 pm
AT&T Services, Inc., doing business as Southwestern Bell Telephone Company, L.P. (AT&T), a major telephone company, violated federal law by refusing
to hire an applicant simply because he is an insulin-dependent diabetic, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed last week. According to
the EEOC's suit, AT&T violated the Americans With Disabilities Act (ADA) by failing to hire an applicant as a cable splicer technician in Austin...
15 Feb 5:14 pm
... RAC program? In October 2008, CMS announced the contractors for the nationwide RAC program. The RACs and their respective regions are: Diversified Collection Services,
Inc. - Region A CGI Technologies and Solutions, Inc. - Region B ... the medical record. RACs may use automated review when making coverage and coding determinations when:
there is certainty that the service is not covered or is incorrectly coded; and a written Medicare policy, article or sanctioned coding guideline exists. However, ...
29 Jan 6:30 am
... 11882, *2 (W.D. Va. 2007); Atkins v. Winchester Homes, Inc., 2007 U.S. Dist. LEXIS 5791 (D. Md. 2007); Huber v ... province of the Clerk's Office, it necessarily follows that
to the extent the order extending the time for service is valid, the Clerk inherently has authority to reissue the necessary Summons with which to effectuate ... one are a victim
of wrongful death or serious personal injury, please contact Avery T. "Sandy" Waterman, Jr., Esq. in Newport News or Williamsburg, Virginia, at 888.881. ...
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