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Federal Court of Canada Certifies Class Action
Class Action | 2011/11/28 09:31
Branch MacMaster LLP and Hordo Bennett Mounteer LLP report that the Federal Court of Canada has certified the BIM Class Action against Business in Motion International Corporation and Alan Kippax. By order dated November 10, 2011 , Mr. Justice Rennie of the Federal Court officially certified the action on behalf of the national class, as represented by the Plaintiff, Mr. Mark Cuzzetto .

The lawsuit was initiated in May, 2010 against BIM and its principal, Alan Kippax. BIM operated a plan called the "Time Leverage System", recruiting representatives to sell "Perpetual Motion Products". The lawsuit alleges that the Defendants have been engaged in the operation of an unlawful multi-level marketing scheme and/or pyramid scheme contrary to the Competition Act. The class members seek damages for the money they paid to the Defendants.

Persons who have purchased the product and who wish to participate in the action do not need to do anything at this time. Persons who do not want to participate in the action must opt out by January 18, 2012 by completing the online form on the website.

Bim CLASS ACTION

DID YOU PURCHASE A PERPETUAL MOTION PRODUCT FROM OR THROUGH BUSINESS IN MOTION INTERNATIONAL CORPORATION? IF SO, PLEASE READ THIS CAREFULLY AS IT MAY AFFECT YOUR RIGHTS.



WHAT IS THIS CASE ABOUT?

A class action lawsuit has been certified in the Federal Court of Canada claiming that Business in Motion International Corporation and Alex Kippax ("BIM") ran an illegal pyramid scheme and an illegal multi-level marketing scheme. A copy of the Statement of Claim and Order certifying the action as a class proceeding can be found at www.BIMclassaction.com.

HOW WILL THE LAWSUIT PROCEED?

A trial will be held to determine the common issues in the action.  If these issues are determine in favor of the class members, there might still need to be individual hearings to determine the entitlement of each class member to a refund.

WHAT DO I HAVE TO DO TO PARTICIPATE?

There is nothing you have to do right now. Unless you opt out, you will be bound by the result of the common issues trial. However, in order to make sure you are notified of any important developments in the action, we recommend you register on our website at www.BIMclassaction.com.

WHAT IF I DO NOT WANT TO PARTICIPATE IN THIS LAWSUIT?

If you do not want to be part of the class action, you must complete the online form at www.BIMclassaction.com.  If you do not have access to the internet, please contact Ulla Herlev at Branch MacMaster LLP. You must complete the online form by no later than January 18, 2012 .

DO I NEED TO PAY ANYTHING?

You will only need to pay legal fees if the action is successful in obtaining you a refund of some of the monies you paid.  Those legal fees will be paid directly from the refund you receive.  You will not need to pay any legal fees out of your own pocket.

Any fee paid to the lawyers must be approved by the Court as being fair and reasonable. The fee agreement entered into by the representative plaintiff provides for the lawyers to be paid up to 1/3 of any amounts recovered or any benefit obtained from the class action. If and when this occurs, the lawyers will apply to Court for approval of that percentage or some lesser amount.

If the class action is unsuccessful at the common issues trial, you will not pay any legal fees.

WHO ARE THE LAWYERS FOR THE CLASS?

The lawyers for the class are:

BRANCH MACMASTER LLP
Barristers and Solicitors
1410 - 777 Hornby Street
Vancouver , BC  V6Z 1S4

HORDO BENNETT MOUNTEER LLP
Barristers and Solicitors
1400 - 128 West Pender St.
Vancouver , BC  V6B 1R8

Mark Cuzzetto (the representative plaintiff) has been appointed by the Court to instruct the lawyers for the common issues stage. The lawyers must act in the interest of all class members.


Court will decide question on crack sentencing
Law Center | 2011/11/28 09:30
The Supreme Court will decide whether a law meant to reduce the disparity between crack and powder cocaine prison sentences can apply those who were convicted — but not sentenced — before its enactment.

The high court on Monday agreed to hear an appeal from Edward Dorsey and Corey Hill, who were both convicted of crack cocaine crimes.

However, the men were not sentenced until after The Fair Sentencing Act went into effect. That law reduces the difference between sentences for crimes committed by crack cocaine and powder cocaine users.

The two men argue that because their sentences came after the law's effective date, they should get its lesser prison time. The 7th U.S. Circuit Court of Appeals disagreed, and the high court will review that decision.


US court won't block its Texas redistricting map
Court Watch | 2011/11/28 09:26
A federal court refused late Friday to block a congressional redistricting map it drew up for Texas, rejecting a request from the state's attorney general just hours after the Republican accused the court of "undermining the democratic process."

Texas Attorney General Greg Abbott had asked the San Antonio-based court to stay the implementation of its interim map, which the court drafted when minority groups challenged the original plan passed by the Republican-dominated state Legislature.

The court-drawn map would ensure minorities made up the majority in three additional Texas congressional districts. If the 2012 elections were held under the court's map, Democrats would have an advantage as they try to win back the U.S. House.

Abbott said he would appeal to the U.S. Supreme Court. The court-ordered map will remain in place until the legal fights are resolved.

The court drew the maps after minority groups filed a lawsuit, claiming a redistricting plan devised by Republican lawmakers didn't reflect growth in the state's Hispanic and black populations.


Supreme Court won't hear skycaps' appeal on tips
Labor & Employment | 2011/11/28 08:31
The Supreme Court has left in place a ruling that denied $333,000 to airport skycaps who claimed they were cheated out of tips when American Airlines started charging curbside baggage fees.

The court on Monday rejected an appeal from nine skycaps at Logan International Airport in Boston. They wanted the court to review a federal appeals court ruling that overturned a lower court decision in their favor.

The skycaps sued under a Massachusetts law aimed at preventing employers from keeping tips intended for workers. The 1st U.S. Court of Appeals in Boston held that the law was pre-empted by federal aviation law regulating airfares. The court also said that soon after institution of the baggage fee, American Airlines clearly indicated with signs that the $2 fee was not a tip.



NYC sues roll-your-own cigarette shops over taxes
Court Watch | 2011/11/21 09:28
There is no place in the U.S. more expensive to smoke than New York City, where the taxes alone will set you back $5.85 per pack. Yet, addicts who visit Island Smokes, a "roll-your-own" cigarette shop in Chinatown, can walk out with an entire 10-pack carton for under $40, thanks to a yawning tax loophole that officials in several states are now trying to close.

The store is one of a growing number around the country that have come under fire over their use of high-speed cigarette rolling machines that function as miniature factories, and can package loose tobacco and rolling papers into neatly formed cigarettes, sometimes in just a few minutes.

The secret to Island's low prices is simple: Even though patrons leave carrying cartons that look very much like the Marlboros or Newports, the store charges taxes at the rate set for loose tobacco, which is just a fraction of what is charged for a commercially made pack.

Customers select a blend of tobacco leaves, intended to mirror the flavor of their regular brand. Then they feed the tobacco and some paper tubes into the machines, and return to the counter with the finished product to ring up the purchase.

The savings come at every level. Many stores sell customers loose pipe tobacco, which is taxed by the federal government at $2.80 per pound, compared with $25 per pound for tobacco made for cigarettes. The shops don't pay into the cigarette manufacturer trust fund, intended to reimburse government health programs for the cost of treating smoking-related illness. And the packs produced by "roll-your-own" shops are generally also being sold without local tax stamps, which in New York include a $1.50 city tax and a $4.35 state tax.

New York City's legal department filed a lawsuit against Island Smokes on Nov. 14, arguing that the company's Manhattan store and another on Staten Island are engaging in blatant tax evasion.


Accused White House shooter to appear in DC court
Court Watch | 2011/11/21 02:27
A man accused of firing an assault rifle at the White House is expected to appear in court in Washington. Oscar Ramiro Ortega-Hernandez is scheduled to appear in federal court Monday at 1:45 p.m.

Ortega was arrested last week in Pennsylvania. The Idaho Falls, Idaho, resident is accused of driving by the White House on the evening of Nov. 11 and firing at the White House from his vehicle. Authorities say one of the rounds he fired cracked a window of the first family's living quarters.

President Barack Obama and first lady Michelle Obama were away, and no one was injured.


Federman & Sherwood Announces Class Action Lawsuit
Class Action | 2011/11/20 09:27
On November 16, 2011, a class action lawsuit was filed in the United States District Court for the Central District of California against Keyuan Petrochemicals, Inc.

The complaint alleges violations of federal securities laws, Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5, including allegations of issuing a series of material misrepresentations to the market which had the effect of artificially inflating the market price. The class period is from August 16, 2010 through October 7, 2011.

Plaintiff seeks to recover damages on behalf of the Class. If you are a member of the Class as described above, you may move the Court no later than Tuesday, January 17, 2012, to serve as a lead plaintiff for the Class. However, in order to do so, you must meet certain legal requirements pursuant to the Private Securities Litigation Reform Act of 1995.

If you wish to discuss this action, participate in this or any other lawsuit, or have any questions or concerns regarding this notice, or preservation of your rights, please contact: www.federmanlaw.com


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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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