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Kona coffee dispute prompts class-action lawsuit
Class Action |
2011/09/20 23:37
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A spat involving Safeway and Hawaii coffee growers is still brewing, even after the supermarket giant agreed to change labeling on its Kona blend coffee.
A $5 million class-action lawsuit was filed in federal court in Northern California claiming Safeway profited off the reputation of Kona coffee while selling an inferior product with very little Hawaii-grown coffee.
The lawsuit was filed Aug. 30, a day before Safeway's letter informing the Kona Coffee Farmers Association the company would change its packaging to reflect the percentage of Kona it contains. The farmers had called for a boycott of Safeway's 1,700 stores nationwide after a farmer saw the Kona blend for sale in a California store.
In an effort to protect a world-famous Hawaii product, the state's Board of Agriculture Chairman Russell Kokubun sent a letter to Safeway officials asking them to comply with a law here requiring labels to specify the percentage of Hawaii-grown coffee included in the blend. The law requires those blends have at least 10 percent Hawaii-grown coffee. But because Safeway's Kona blend isn't sold in any of the 19 Hawaii locations, Kokubun could only ask for voluntary compliance.
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Court sets aside class-action suit by Costco women
Court Watch |
2011/09/20 23:37
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Citing the U.S. Supreme Court's recent Walmart ruling, a federal appeals court set aside - but did not dismiss - a class-action suit by more than 700 women who accused discount retailer Costco of using an "old-boys' network" to bypass them for promotions.
A federal judge in San Francisco ruled in 2007 that the women had presented enough evidence of a "common culture" at Costco to proceed with a single nationwide suit against the company, rather than file individual claims.
The Ninth U.S. Circuit Court of Appeals overturned that decision Friday, relying in part on the Supreme Court's ruling in June dismissing a class action against Walmart by as many as 1.5 million female employees. The high court said the women had failed to show a company-wide policy that allegedly led to gender-based disparities in pay and promotions.
Likewise, the appeals court said, the Costco plaintiffs have not yet shown that they have enough in common to justify a class action.
The court said opposing expert witnesses disagreed about a central issue - whether the company promoted women less often than men in all regions or only a few - and said U.S. District Judge Marilyn Hall Patel should have resolved the dispute before letting the case proceed.
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Court reinstates $675,000 damages for downloading
Court Watch |
2011/09/20 23:37
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A federal appeals court has reinstated a $675,000 judgment against a Boston University student who illegally downloaded and shared songs on the Internet.
In 2009, a jury in Boston awarded $675,000 to the Recording Industry Association of America, representing four record labels, in a lawsuit filed against Joel Tenenbaum.
A judge later reduced the award to $67,500, finding the original penalty "unconstitutionally excessive."
In his appeal, Tenenbaum sought to overturn the penalty. But the 1st U.S. Circuit Court of Appeals reinstated the full award in a ruling Friday.
Tenenbaum's lawyers argue that federal copyright laws and the Digital Theft Deterrence Act were not meant to target consumers. Lawyers representing the recording industry argue that the economic impact of illegal downloading is much greater than the sharing of one song.
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Appeals court upholds sentence in Ponzi scheme
Court Watch |
2011/09/19 23:38
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A federal appeals court has upheld the 30-year prison sentence for a man convicted of operating what prosecutors called the largest Ponzi scheme in Louisiana's history.
In a 15-page opinion issued Friday, the 5th U.S. Circuit Court of Appeals affirmed the sentence for Matthew Pizzolato, of Tickfaw.
Pizzolato also was ordered to make over $15 million in restitution to the 165 victims he defrauded. He had offices in Baton Rouge, Covington, Hammond and Lake Charles and advertised investment services under several company names, including Gulf Region Guaranty Inc.
Prosecutors said he promised high rates of return and claimed investors' money was protected against losses, but made risky investments they didn't authorize, gave away millions to friends and family and spent much of the money on luxury items for himself.
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Class Action Filed Against Former, Current A&P Execs
Legal Marketing |
2011/09/19 23:37
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A class action has been filed in the U.S. District Court for the District of New Jersey on behalf of purchasers of the securities of the Great Atlantic & Pacific Tea Co. Inc. (A&P) for the period between July 23, 2009, and Dec. 10, 2010. The complaint, filed Sept. 9 by Robbins Geller Rudman & Dowd LLP, a 180-lawyer firm with offices in San Diego, San Francisco, New York, Boca Raton, Washington, Philadelphia and Atlanta, claims that some former and current A&P executives violated the Securities Exchange Act of 1934. A&P itself wasn’t named as a defendant in the action because it filed for bankruptcy protection in December 2010.
Those named in the action are former Executive Chairman and CEO Christian Haub, former CEO and President Eric Claus, former CFO and Treasurer Brenda Galgano, Vice Chairman and Chief Strategy Officer Andreas Guldin, former CEO and President Ron Marshall, and current CEO and President Sam Martin.
The complaint alleges that during the period mentioned above, the defendants failed to disclose material adverse facts about the company’s true financial condition, business and prospects. Specifically, the class action alleges that the executives failed to reveal that A&P was facing increased low-cost competition from retailers such as Walmart and Target, which negatively affected its business and financial condition; that the Pathmark acquisition was a “complete disaster” for the company, as Pathmark’s operations were in far worse condition than had been represented to investors; that A&P wasn’t operating according to internal expectations and couldn’t achieve the guidance endorsed by the defendants; and that, as a result of these factors, the defendants lacked a reasonable basis for their positive statements about the company, its operations and prospects.
The class action seeks to recover damages on behalf of all purchasers of A&P securities during the period noted above. Those who are member of this class can view a copy of the complaint or join the class action online at www.rgrdlaw.com/cases/aandp
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Iowa hiring lawsuit begins Monday
Class Action |
2011/09/16 23:38
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Trial in a class-action lawsuit alleging racial discrimination against blacks is set to begin in a Polk County District courtroom.
Earlier this month, a judge rejected the state's request to throw out the lawsuit against the state.
Judge Robert Blink disagreed with the state's argument that the case was too broad be legally viable. He said the state agreed years ago to certify the case for class action.
The trial is expected to last three weeks.
The lawsuit was filed in 2007 by 14 people who claim they were denied state positions because they are black. It's grown to cover an estimated 6,000 blacks who sought employment or promotions with the state since 2003.
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Ga. court upholds Open Meetings fines
Court Watch |
2011/09/15 23:38
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Georgia's top court is requiring the city of Statesboro to pay the legal costs of residents who sued it for violating the state's Open Meetings Act.
The unanimous opinion released Monday upholds a Bulloch County judge's ruling that requires the city pay $4,250 in legal fees after it found the Statesboro mayor and city council met outside the Statesboro City Hall chambers to discuss the city's 2011 budget.
A group of residents sued the city, mayor and five council members and sought an injunction barring any more "secret" meetings, and the city appealed after a judge ruled against it in September 2010.
The opinion written by Justice Harold Melton says "the Open Records Act explicitly authorizes the assessment of attorney fees."
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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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