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$423M Class Action Against Catholic Healthcare West
Law Firm News |
2007/01/15 09:56
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SAN FRANCISCO--The Honorable Richard A. Kramer of the San Francisco Superior Court granted final approval today to a class action settlement resolving claims regarding pricing and collection practices for over 780,000 uninsured patients at all of Catholic Healthcare West's affiliate hospitals.
As part of the settlement, Class members will be entitled to make a claim for refunds or bill reductions of 35% from their prior hospital bills. For the next four years, Catholic Healthcare West ("CHW") hospitals have also agreed to maintain discounted pricing policies for uninsured patients that will make CHW's pricing for uninsured patients comparable to the pricing for patients with private insurance. In addition, CHW has agreed to maintain more compassionate collections policies that will protect uninsureds who fall behind in their payments. The settlement benefits have been valued at approximately $423 million. The claims process under the settlement is ongoing. Claim forms are available online at the settlement website, www.chwsettlement.com, and the deadline to submit claims is March 8, 2007. The Settlement Class includes all persons who: - Received hospital services from a CHW-affiliated hospital between July 1, 2001 and September 25, 2006;
- At the time of treatment, were uninsured and had annual household income at or below $250,000.
"This settlement provides much-needed relief to hundreds of thousands of uninsured patients by substantially reducing their past medical bills and ensuring that in the future CHW maintains reasonable prices for all uninsured patients," said Plaintiffs' attorney Kelly M. Dermody, of Lieff Cabraser Heimann & Bernstein, LLP, in San Francisco, California. Co-counsel Sidney A. Backstrom of the Scruggs Law Firm added, "We are pleased that the Court granted final approval to this settlement, which not only secures fair pricing for uninsured patients, but also protects them from unfair and overly aggressive collections practices." The lawsuit was filed by two uninsured patients on behalf of themselves and all uninsured patients at CHW-affiliated hospitals in California, Nevada and Arizona. The original complaint, filed in October 2005, alleged that CHW charged uninsured patients excessive and unfair prices for medical treatment and engaged in aggressive and unfair collections practices. CHW denied wrongdoing and liability in the case. Lead Counsel for named plaintiffs and class members are Kelly M. Dermody of Lieff Cabraser Heimann & Bernstein, LLP and Sidney A. Backstrom of the Scruggs Law Firm. More information about the settlement can be found at www.chwsettlement.com, or by calling the contacts listed below. About Lieff Cabraser Lieff Cabraser Heimann & Bernstein, LLP, is a sixty attorney, AV-rated law firm founded in 1972 with offices in San Francisco, New York, and Nashville. Lieff Cabraser has served as court-appointed Plaintiffs' Lead or Class Counsel in state and federal coordinated, multi-district, and complex litigation throughout the United States. Lieff Cabraser has litigated and resolved thousands of individual lawsuits and hundreds of class and group actions, including some of the most important civil cases in the United States over the last decade. Lieff Cabraser enjoys a national reputation for professional integrity and the successful prosecution of our clients' claims. In every year since 2003, the National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation. In compiling the list, the National Law Journal examined recent verdicts and settlements in addition to overall track records. Lieff Cabraser is one of only three plaintiffs' law firms in the United States to receive this honor for the last four consecutive years. About the Scruggs Firm One of our nation's foremost class-action attorneys, Richard Scruggs received international acclaim for his landmark suit against the tobacco industry. The suit culminated in the industry's payment of $246 billion to help states defray Medicaid costs for smoking-related illnesses. Scruggs has been lead counsel in numerous other class actions and causes of national significance as well, including the national class actions against Lehman Brothers and The Money Store for aiding and abetting predatory lending; the $1.1 billion settlement in the Sulzer Orthopedics, Inc. Hip Prosthesis and Knee Prosthesis Liability Litigation; and seven suits against America's health maintenance organizations, charging them with interfering with patient treatment. |
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Apple hopes to make history with iPhone
World Business News |
2007/01/14 13:21
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"We’re going to make some history here today," said Steve Jobs this week at the beginning of his annual speech at Macworld, his company’s cult-like trade show in San Francisco.
He was as good as his word. First, he launched a product that promises at last to bring digital entertainment from people’s computers to their television screens without fuss. Then he unveiled an even more impressive device that transcends the description "mobile phone." Jobs made it clear that he considered this day a watershed in the three-decade history of Apple Computer, a point that he emphasized by announcing that his firm would henceforth drop "Computer" from its name. Indeed, Apple’s laptop and desktop computers were hardly mentioned. Nor were Apple’s iPods, which dominate the market for portable music players. Both of the new products are really computers, but people won’t think of them as such, since they will be in their pockets and living rooms. The mobile phone — provided Apple can settle a legal dispute over the name with Cisco, a network-equipment company — is called the iPhone. It will go on sale in the U.S. in June starting at US$499, in Europe in the autumn and in Asia next year. The television set add-on is called Apple TV and will hit stores next month at $299. With these two products, Jobs intends to enter and transform new industries, and ultimately people’s lives — just as he did in 1984 when Apple transformed computing with the launch of the Macintosh, and again in 2001 when it introduced the iPod, which shook up the music industry. That Jobs’ announcements had such an impact during this particular week says a lot, because the rest of the consumer- electronics, computer and telecoms industries were simultaneously congregating at the Consumer Electronics Show, the world’s biggest technology fair, in Las Vegas. There, many of Jobs’ old and new rivals were talking about much the same things as he was. Microsoft’s Bill Gates introduced the Windows Home Server, his answer for uniting computers and TV sets. Olli- Pekka Kallasvuo, boss of Nokia, a mobile-phone giant, unveiled new handsets that can hold music and videos. But all the gadgets being peddled in Las Vegas were "evolutionary," whereas Apple’s were "revolutionary" and thus noteworthy, says Tim Bajarin, the boss of Creative Strategies, a technology consultancy in California’s Silicon Valley. |
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Pentagon admits spying on citizens within US
Law Center |
2007/01/14 13:20
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The CIA and the American military have been accessing the banking and credit records of hundreds of American citizens suspected of ties to terror groups, the New York Times reported Sunday. Since 9/11, the two US government arms have been using little-known provisions of the Right to Financial Privacy Act, the Fair Credit Reporting Act and the National Security Act to issue a version of a "national security letter" to domestic banks, credit companies, and other financial corporations. The letters request certain financial information but are generally "noncompulsory" as the CIA and the military have no domestic enforcement authority. The FBI has also issued thousands of similar letters since Sept. 11. All three groups claim increased powers to probe the banking records of American citizens under the Patriot Act, passed in the wake of 9/11. Democrats and civil liberties groups like the ACLU have expressed serious concern over these and other domestic spying techniques, especially as exercised by government agencies focused abroad. The military and the CIA contend that such intelligence is invaluable in finding leads and strengthening other operations. The ACLU has won two suits against the FBI related to national security letters. |
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Apple's Steve Jobs investigated for fraud
Corporate Governance |
2007/01/14 00:55
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The US Attorney's office in San Francisco said Friday it is conducting a criminal probe into the option backdating practices of Apple Inc. and specifically an option grant given to CEO Steve Jobs in 2001 which was considered one of the largest option packages in corporate history, according to the San Jose Mercury News. Apple originally claimed the 7.5 million stock options were given to Jobs in October 2001 but last month, the company admitted the meeting in which the package was finalized did not take place until December that year.
Apple has said that Jobs and the company's current executives were unaware of any backdating, but between the date of the fictious October meeting and the actual meeting in December, Jobs' stock appreciated $20 million dollars.The US Attorney's announcement comes less than two weeks after Apple completed an internal probe into alleged stock option manipulation by its senior managers, including Jobs. The report purported to clear its executives of any wrong-doing and concluded that Jobs did not "financially benefit" from stock options. |
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U.S. military deaths in Iraq hit 3,019
Breaking Legal News |
2007/01/14 00:53
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As of Saturday, Jan. 13, 2007, at least 3,019 members of the U.S. military have died since the beginning of the Iraq war in March 2003, according to an Associated Press count. The figure includes seven military civilians. At least 2,427 died as a result of hostile action, according to the military's numbers. The AP count is seven higher than the Defense Department's tally, last updated Friday at 10 a.m. EST. The British military has reported 128 deaths; Italy, 33; Ukraine, 18; Poland, 18; Bulgaria, 13; Spain, 11; Denmark, six; El Salvador, five; Slovakia, four; Latvia, three; Estonia, Netherlands, Thailand, two each; and Australia, Hungary, Kazakhstan, Romania, one death each. |
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Brinks Hofer Gilson & Lione Announces New Board of Directors
Law Firm News |
2007/01/14 00:52
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 Brinks Hofer Gilson & Lione, one of the largest intellectual property law firms in the United States, is pleased to announce its newly-named Board of Directors. The 2007 Board members are:Glen P. Belvis focuses his practice on all facets of intellectual property law, including patents, trademarks, copyrights, trade secrets and related antitrust matters. He has substantial patent litigation experience, including bench and jury trials, appeals before the Federal Circuit, and alternate dispute resolutions, and has participated in several multinational litigations involving related patent lawsuits in the U.K., Europe, Asia, Canada and the United States. He has testified as an expert witness on patent and trade secret matters, has lectured on patent and antitrust matters at Oxford University, and has experience in patent prosecution, interferences, and proceedings before the PTO board of appeals. Mr. Belvis' experience encompasses a wide range of technologies, including medical devices, bio-tech, software, Internet, lasers, paper, polymers, heavy equipment and pharmaceuticals. He received his J.D. from DePaul University College of Law and his B.S. in Chemistry from University of Notre Dame. David S. Fleming, chair of the Internet/E-commerce Group, concentrates his practice in trademark law, focusing on litigation in federal courts and before the Trademark Trial and Appeal Board, counseling, and prosecution in the Patent and Trademark Office. Mr. Fleming has represented a wide variety of trademark clients in services and manufacturing industries. These clients have included worldwide companies engaged in the following activities: Internet search engine services; franchising in areas such as real estate brokerage and hotel services; car rental services; mortgage lending services; asset-based and other business lending services; title insurance and related services; a joint venture of credit card associations providing international standards for security in electronic payment transactions; retailing services; cellular and other communications equipment manufacturing and marketing; truck manufacturing; automobile parts manufacturing; tobacco products; and motion picture services. He received his J.D. from the University of Illinois College of Law and his B.A. from Northwestern University. Cynthia A. Homan has practiced law at Brinks for 25 years, where she also worked while attending law school. She focuses her practice on brief writing at all levels of the federal court system, with a special emphasis on patent appeals. She founded the firm’s Appellate Group and served as chair for eight years. Ms. Homan also has copyright counseling experience as well as litigation experience in patent, trademark and copyright law. She is a member of the national board of directors of Lambda Legal and served as the organization’s co-chair from 2004 to 2005. She received her J.D. from DePaul University College of Law, her M.L.S. from the University of Pittsburgh and her B.A. in Russian Language and Area Studies from the University of Illinois. Robert S. Mallin has extensive litigation experience in a variety of patent and trademark cases, including first chair jury trial and arbitration preparation and participation, taking and defending depositions, preparing and arguing motions, and conducting discovery matters; patent prosecution and counseling, including the use of reexamination to invalidate a patent during litigation; reviewing and evaluating patents for patentability, infringement, and validity opinions; and licensing. He is knowledgeable in such technical areas as metallurgical processing, electromechanical inventions, mechanical inventions, chemical processing, optical fiber connectors and thermoplastic adhesives, and the automotive industry and biotechnology. He received his J.D. from Loyola University Chicago School of Law and his B.S. in Chemical Engineering from the University of Illinois. Steven P. Oberholtzer, managing partner of Brinks’ Ann Arbor office, focuses on patent and trademark counseling, corporate intellectual property policy development, technology licensing, joint development and joint venture relationship agreements, United States Patent and Trademark Office administrative proceedings, including interferences, re-examinations, re-issues, trademark oppositions, patent application preparation and prosecution, providing opinions regarding infringement risks, design-around projects and patentability and administration of corporate intellectual property portfolios. He has extensive experience in the mechanical and electro-mechanical disciplines with particular emphasis on automotive industry issues and has additional significant experience in technology areas, including medical devices, lasers, fiber optics, optical devices and heavy industrial equipment. Mr. Oberholtzer received his J.D. from the Detroit College of Law at Michigan State University and his B.S. in Mechanical Engineering from Kettering University, formerly known as the General Motors Institute. Gary M. Ropski, President of Brinks Hofer Gilson & Lione, has practiced intellectual property law exclusively since joining the firm in 1976. His practice now focuses on litigation, but has included patent prosecution and litigation; trademark prosecution, including oppositions and litigation; trade dress litigation; copyright registration and litigation; trade secret litigation; right of publicity counseling and litigation; and related unfair competition and antitrust matters in federal and state courts. Mr. Ropski has received numerous awards, including being named as a Leading Illinois Intellectual Property Lawyer byChambers USA for four consecutive years; a Leading Intellectual Property Lawyer by theLeading Lawyers Network for three consecutive years; and a Top 10 Leading Lawyer for Business by the Leading Lawyers Network. Mr. Ropski has also been recognized as an Illinois Super Lawyer in Intellectual Property Litigationand was named one of the Top 10 Attorneys in Illinois in 2006. He received his J.D., cum laude, from Northwestern University School of Law and his B.S. in Physics from Carnegie-Mellon University. Jason C. White's practice has focused primarily on patent litigation matters. However, he also has significant experience representing both licensors and licensees in complex licensing negotiations. In addition, he has experience in drafting and prosecuting U.S. and foreign patent applications in computer, electronics and telecommunications arts, preparing invalidity and non-infringement opinions, conducting due diligence analyses in conjunction with mergers, acquisitions and divestitures and counseling clients regarding obtaining and enforcing intellectual property rights. Fleming, Mallin and Ropski will serve on the Executive Committee along with Chief Operating Officer, Bruce Weisseg. Also, Brinks announced the firm’s practice group chairs for 2007. They are listed here in alphabetical order: Meredith Martin Addy – Appellate James A. Collins – Electrical/Computer Margaret A. Dobrowitsky – Licensing Jeffery M. Duncan – Biotech and Pharmaceutical Thomas J. Filarski – Chemical David S. Fleming – Internet/E-commerce William H. Frankel – Copyright John C. Freeman – International Patent John T. Gabrielides – Anti-counterfeiting Kent E. Genin – Patent Prosecution Raymond W. Green – Interference Jeffery A. Handelman – Trademark & Unfair Competition Richard A. Kaplan – Trade Secrets Laura Beth Miller – International Trade Commission Michael E. Milz – Mechanical William F. Prendergast – Nanotechnology Jonathan E. Retsky – Intellectual Asset Management James R. Sobieraj – Litigation Mary M. Squyres – International Trademark Founded in 1917, Brinks Hofer Gilson & Lione is based in Chicago with four additional offices across the country serving the intellectual property needs of clients from around the world. The firm is one of the largest IP law firms in the country, with more than 150 attorneys, scientific advisors and patent agentsspecializing in intellectual property litigation and all aspects of patent, trademark, copyright, trade secret, unfair competition, intellectual asset management, and technology and licensing agreements. Brinks routinely handles assignments in fields as diverse as electrical, chemical, mechanical, biotechnology, pharmaceutical, nanotechnology, Internet and computer technology, as well as in trademarks and brand names for a wide variety of products and services.
http://www.brinkshofer.com |
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Tampa law firm faces contingency fees lawsuit
Legal Business |
2007/01/13 16:49
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A Tampa law firm that has garnered millions of dollars in neglect and abuse settlements and lawsuits against nursing homes in Florida and around the country is now on the defense end of a suit that contends the firm knowingly violated Tennessee law regarding contingency fees. The lawsuit against the firm, Wilkes & McHugh, was filed in December in U.S. District Court in the Western District of Tennessee. Plaintiff Debbie Howard hired the firm several years ago to sue a Memphis nursing home in the death of her grandmother for medical negligence, according to the 38-page complaint. The class-action claim states Wilkes & McHugh engaged in an unlawful scheme to collect 40 percent or 45 percent in contingency fees of settlement amounts, although Tennessee law caps fees to 33 and 1/3 percent in medical malpractice cases. The complaint says the law firm charged the higher and unlawful contingency fee to hundreds of clients in Tennessee. “Although it has never actually tried any of these nursing home lawsuits in Tennessee, defendant Wilkes & McHugh has reaped tens of millions of dollars in legal fees from settlements ... paid by nursing home defendants to their Tennessee clients during the Class period,†according to the complaint.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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