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Quebec court approves settlement in gas cartel class action
International | 2010/10/06 10:30

A Quebec Superior Court judge has authorized a settlement with two defendants who pleaded guilty to fixing gas prices in exchange for their co-operation in a class-action lawsuit.

The class action was filed by drivers against what they're alleging was a cartel in the retail gas markets in Quebec.

Under the deal for their pleas, the defendants, from Sherbrooke, Que., will be released from the class action and will work with the Automobile Protection Association, which is spearheading the legal challenge on behalf of some 12,000 Quebec drivers.

Association president George Iny said Justice Dominique Belanger's decision is a milestone.

"It's a very important development in the case," Iny said.

The class action was authorized in December 2009 against 12 oil companies and 19 individuals. The targeted companies include: Ultramar, Esso, Imperial, Shell, Couche-Tard, Provigo, Irving, Olco and la Coop federee, which operates Sonic stations.

The plaintiffs are seeking between $7 and $15 million in damages — $1,500 for each motorist and $250,000 for the association to be spent on protecting drivers' rights.

The class action was filed a day after a Competition Bureau of Canada investigation alleged, in June 2008, that gas station owners in four Quebec cities called one another to set the pump price. A total of 13 Quebecers and 11 companies were charged with gas price-fixing.

In her decision, the judge has agreed to set up a process to allow the plaintiffs to have access to some of the evidence held by the Crown.



Class Action Lawsuit Filed Over San Bruno Pipeline Explosion
Class Action | 2010/10/06 04:31

The massive pipeline explosion that shot a fireball over 1,000 feet in the air and sent flames tearing across a California neighborhood is seeing its first class-action lawsuit. The horrific accident killed eight and devastated 37 homes and is being blamed on Pacific Gas and Electric (PG&E), said Mercury News, citing the lawsuit. Scores were injured and dozens of other homes were damaged. A power outage at the utility preceded the blast.

Now, Daniele DiTrapani, a resident of the San Bruno neighbored hit by the explosion just filed a lawsuit in the San Mateo County Superior Court for unspecified damages to be paid to him and others, said Mercury News. Another, prior, lawsuit filed September 17th, also by a San Bruno resident, is seeking to have the utility relinquish control of a $100 million victims fund to an independent third-party, noted Mercury News.

According to the lawsuit, DiTrapani was at home on September 9th, when the blast occurred; he “has been injured and suffered damages,” according to the lawsuit, quoted Mercury News.

This lawsuit is the second class-action against the utility in the days following the explosion and claims PG&E was negligent and that it was the utility’s actions or lack of action that caused the 30-inch pipe to explode, added Mercury News. The complaint also alleges that residents there have been “contaminated by debris, ash, (and) toxins” due to the blast and fire, according to lawsuit documents.



Class-action lawsuit settled against RealtySouth
Court Watch | 2010/10/06 04:31

Vicki Busby, on behalf of herself and other people similarly situated, sued JRHBW Realty, Inc., d/b/a RealtySouth (hereinafter referred to as "RealtySouth") alleging that RealtySouth violated the Real Estate Settlement Procedures Act ("RESPA") by charging individuals a $149 "ABC Fee" (sometimes called an "administrative brokerage commission") for which no service was performed. RealtySouth denies the allegations of the lawsuit.

The Court certified the case as a class action. Notice was sent to all potential class members in December 2008. You can find that notice and more information about the case and the claims process at www.hwnn.com/realtysouthclassaction.

The Court has entered partial summary judgment finding RealtySouth liable as a matter of law for charging a $149 "ABC Fee" (sometimes referred to as an "administrative brokerage commission") that was unearned under RESPA.

RealtySouth maintains the right to contest an individual’s claim for damages by contesting whether or not the person is a member of the class, including whether their transaction is covered by RESPA, and whether they in fact paid the fee or whether it was paid for them. Thus, to receive payment, class members must submit the enclosed claim form and supporting documentation to the claims administrator in order to be eligible for payment.

The claim form and accompanying paperwork must be submitted to the claims administrator. The claims administrator is Dahl, Inc. Claim Forms and supporting documentation must be postmarked, e-mailed, or faxed by December 15, 2010. Claims should be mailed to:

RealtySouth Claims Administrator
C/O Dahl, Inc.
P.O. Box 2061
Faribault, MN 55021-2061.
Claim forms and supporting documents may also be faxed to 1-507-384-0024 or e-mailed to realtysouthclaims@dahl-inc.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

For those individuals who prove their membership in the class, the damages for an individual claim are the $149 paid to RealtySouth. Those damages are automatically trebled by statute to $447.

If you have questions, you may call the claims administrator at 1-877-541-3050. You may call class counsel at 800-568-5330 or you may visit the website www.hwnn.com/realtysouthclassaction.



Toyota U.S. Shareholders File Consolidated Complaint on Vehicle Recalls
Corporate Governance | 2010/10/05 14:29

Toyota Motor Corp. was accused by U.S. investors of violating securities law by failing to disclose acceleration-related defects that it knew about, according to a consolidated complaint in a class-action lawsuit.

The shareholders, led by the Maryland State Retirement and Pension System, said in the Oct. 4 filing in federal court in Los Angeles that internal documents show Toyota deliberately concealed unintended sudden acceleration problems in the U.S. They said the company knew about the defects as early as 2000 and “stonewalled” regulators to avoid recalls.

“As government regulators and the media began to focus on this serious safety problem in the Toyota vehicles, defendants initially denied that any unintended acceleration problem existed, despite a plethora of internal evidence to the contrary, and instead blamed driver error and media-induced publicity,” the investors said.

Toyota’s recalls related to sudden acceleration defects have erased $30 billion in market capitalization, the investors said. The Maryland pension fund seeks to represent investors who bought Toyota’s American depositary receipts from May 10, 2005, to Feb. 2, 2010.

The fund also wants to represent investors who bought the carmaker’s common stock in domestic transactions during that period as well as, through claims made under Japanese law, all investors who bought the common stock during that time, according to the complaint.



Great-West Lifeco handed $456-M judgement in class-action lawsuit
Class Action | 2010/10/04 09:06

A stunning $456-million judgement has been handed down against Winnipeg-based insurance giant Great-West Lifeco in a class-action lawsuit.

An Ontario superior court judge ruled Friday that Great-West breached sections of the Insurance Companies Act by transferring money from subsidiary accounts to finance the 1997 takeover of London Insurance Group.

Nearly 2-million policy holders - mostly from Ontario, Quebec, Saskatchewan and Manitoba - joined thr class-action suit that has been winding through the courts over the past 12 years.

Great-West Lifeco has been ordered to pay $372 million to policyholders of London Life and $84 million to those of Great West Life.

Great-West Lifeco intends to launch an appeal, believing ``significant aspects'' of the decision are ``in error''.



Microsoft Sues Moto for Android Patent Infringement‎
Breaking Legal News | 2010/10/04 09:04

Microsoft took legal action against Motorola on Friday, alleging Motorola's smartphones running Google's Android platform violate Microsoft patents. The suit represents the latest patent battle involving Android.

Horacio Gutierrez, corporate vice president and Microsoft's deputy general counsel of intellectual property and licensing, said the patents relate to core functionalities of Motorola's Android phones, including synchronizing email, calendars and contacts, scheduling meetings and notifying applications of changes in signal strength and battery power. Microsoft is seeking unspecified monetary damages and a permanent injunction on allegedly infringing Motorola products.

Motorola said it will "vigorously defend itself" against the charges.

"We are disappointed that Microsoft prefers to compete over old patents rather than new products," a Google spokesman told the Wall Street Journal. "While we are not a party to this lawsuit, we stand behind the Android platform and the partners who have helped us to develop it."

The suit is notable as Microsoft is preparing to introduce phones running its new Windows Phone 7 platform--which will compete against Android phones. Motorola, once a strong supporter of Microsoft's previous Windows Mobile platform, has thrown its support fully into the Android camp. According to research firm Gartner, Android had 17.2 percent of the smartphone market in the second quarter, and Apple's (NASDAQ:AAPL) iOS had 14.2 percent. Windows Mobile captured 5 percent of the market, down from 9.3 percent in the second quarter of 2009.



Maine Homeowners Bring Class Action Against GMAC
Court Watch | 2010/10/04 05:06

Five Maine residents have filed a complaint against GMAC Mortgage LLC on behalf of themselves and a class of Maine homeowners, alleging that the company systematically files false certifications that it has a right to foreclose, and false affidavits when asking courts to enter foreclosure judgments.

The suit comes after a court in Maine sanctioned GMAC for its flawed foreclosure process, according to the Center for Responsible Lending. Maine District Court Judge Keith Powers, in a Sept. 24 ruling, chided GMAC for its "high volume and careless approach" to affidavit signing, Reuters reports.

The Maine residents are represented by Andrea Bopp Stark from the Molleur Law Office in Biddeford, Maine; Thomas Cox, coordinator of Maine Attorneys Saving Homes in Portland; the National Consumer Law Center and the Center for Responsible Lending.




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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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