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Tobacco industry appeal rejected in Florida case
Law Center |
2007/10/01 07:58
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The Supreme Court on Monday rejected a tobacco industry appeal on two issues in a Florida class-action case that has already resulted in a $145 billion punitive award against the cigarette makers being overturned. The industry appealed a ruling by the Florida Supreme Court last year that jury findings, including deception and negligence by the companies, could be used in individual lawsuits by the former class members. In the other issue appealed to the nation's highest court, the industry said the generalized jury findings rested on evidence, arguments and theories of liability that were preempted by a federal law, the Federal Cigarette Labeling and Advertising Act. A Miami jury ruled in 2000 that the tobacco companies deceived smokers about the dangers of cigarettes and ordered the companies to pay $145 billion to ailing Florida smokers, estimated to number about 700,000. The case, filed by Miami Beach pediatrician Howard Engle in 1994, was the first smokers' lawsuit to be certified as a class action. But a Florida appeals court overturned the punitive damages award and decertified the class action, a ruling upheld by the Florida Supreme Court. Defendants in the case included Altria Group Inc's Philip Morris USA unit; the R.J. Reynolds Tobacco Co and Brown & Williamson units of Reynolds American Inc; the Lorillard Tobacco Co unit of Loews Corp., which trades as Carolina Group; and Vector Group Ltd's Liggett. In the Supreme Court appeal, the companies said the constitutional right of due process "prohibits a state court from giving preclusive effect to a jury verdict when it is impossible to discern which of numerous alternative grounds formed the basis for the jury's finding of wrongful conduct." They also argued that a plaintiff may not avoid federal preemption under a 1992 Supreme Court ruling by merely invoking characterizations such as "fraud" and "negligence."
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Credit crisis strikes UBS, Citi, Credit Suisse
Business |
2007/10/01 07:56
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The credit crisis struck at the heart of the global financial industry on Monday as Swiss bank UBS AG said it faced a shock loss in the third quarter and Citigroup warned its profits had collapsed. UBS's chief domestic rival Credit Suisse Group also said its third quarter results would be "adversely impacted" by the credit market turmoil but said it would remain profitable in the third quarter. The announcements are the latest from a lengthening queue of banks who have taken hits from a meltdown in U.S. subprime mortgages, which has set off a global liquidity crisis. UBS said it would write down a net 4 billion Swiss francs ($3.4 billion) in its fixed-income portfolio and elsewhere, resulting in a third-quarter loss of 600 million to 800 million francs, its first quarterly loss in nine years. UBS also said it would shed 1,500 jobs in its investment bank -- a sharp reversal of its recent buildup. Citigroup, the world's largest bank by market value, said it was expecting a fall of about 60 percent in third-quarter net income. Among the main culprits for the profit warning were $1.4 billion in pretax writedowns on funded and unfunded leveraged loan commitments. |
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US Supreme Court begins new term
Breaking Legal News |
2007/10/01 07:53
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The US Supreme Court begins a new term Monday, which usually remains in session from October through June, has already accepted to review a complaint lodged on behalf of detainees held at the US naval base at Guantanamo Bay, Cuba. The case may prompt justices to rule whether the constitution applies to the military outpost set up to hold terror suspects.
The court may also be asked to rule on whether former attorney general John Ashcroft can be personally held liable for excesses in arresting scores of foreigners immediately after the September 11, 2001, attacks.
Its last term was marked by a series of conservative rulings on social issues including abortion and freedom of speech relating to political campaigning.
But in the divided court, which has five conservatives and four progressive justices, major decisions in the new session could depend on Justice Anthony Kennedy -- the most pragmatic of the conservatives -- who this year may find reasons to switch camps on some cases.
The court also will have to rule on a series of other issues that might figure prominently during the election campaign.
The justices have already chosen to consider if executions by lethal injection are constitutional, if a child pornography law infringed upon the constitutional right to free expression, and if prison sentences for trafficking in crack cocaine were excessive.
The court also will examine if child rapists who did not kill their victims can be sentenced to death.
In early September, the city of Washington, DC asked the high court to rule for the first time in nearly 70 years on the Second Amendment to the constitution, which is viewed by some as a guarantee of the right of every American to own a firearm. |
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High Court Rejects Pfizer Appeal On Norvasc Generic
Court Watch |
2007/10/01 06:56
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The U.S. Supreme Court on Monday rejected an appeal from Pfizer Inc. (PFE) that had sought to bar Apotex Inc. (AOX.YY) from selling a generic version of Norvasc, a popular hypertension drug. The dispute began in April 2003 when Apotex, a maker of generic drugs based in Canada, challenged the validity of Pfizer's patent on Norvasc and applied at the Food and Drug Administration to sell its own version. A federal trial was held in 2006, leading to a ruling in favor of Pfizer. The Washington-based U.S. Federal Circuit Court of Appeals, a special patent appeals court, reversed the trial court ruling and opened the door for Apotex. However, Pfizer's ability to sell Norvasc without competition from other companies expired on Sept. 25, 2007. |
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Sony Unveils First OLED Television
Venture Business News |
2007/10/01 06:53
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Sony Corp. unveiled the world's first OLED (organic light-emitting diode) television on Monday, pushing the limits of thin-screen displays further than ever before. Aimed at the top end of the consumer market, Sony's XEL-1 television offers an 11-inch OLED screen that is just 3-millimeters (mm) thick and will go on sale in December. The screen is thinner than a LCD (liquid crystal display) or PDP (plasma display panel) set because no backlight is required: OLED materials, which are carbon-based, emit light on their own when an electric current is applied. The XEL-1 will accept up to a 1080p video image, although the 11-inch screen has a resolution of just 960 pixels by 540 pixels. The launch of the XEL-1, coming one day before the start of the Ceatec 2007 exhibition, gives Sony a head start on its competitors, many of whom are also working on OLED technology for televisions. After several years of being upstaged by competitors pushing into new technology areas, such as MP3 players and LCD televisions, the OLED launch puts Sony firmly ahead in the race to thinner flat-screen televisions. OLEDs offer other advantages over LCD and PDP technology, including wider viewing angles, faster response time, and better contrast and colors. However, the technology is difficult to manufacture and the OLED material degrades over time. Sony said the XEL-1 has a viewing life of 30,000 hours, which allows a user to watch eight hours of television each day for 10 years. The television goes on sale in Japan on Dec. 1, and will cost US$1,740.50. Currently, there are no plans to sell the television outside Japan, as Sony plans to manufacture just 2,000 sets each month. The XEL-1 has a thin, widescreen display mounted on a metal arm attached to a base. The base contains all of the electronics required for the television, and has an HDMI (High-Definition Multimedia Interface) port, a built-in satellite tuner, as well as a USB port and an Ethernet connection. The television, which uses the same XMB user interface found in the company's Bravia line of LCD televisions and PlayStation 3, measures 287 mm by 253 mm by 140 mm, and weighs 2 kilograms. |
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Apple Facing Class-Action Suits over iPhone Locking
Class Action |
2007/10/01 04:05
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Apple has released a new update for the iPhone that turns it into a brick if the user runs the hack software on it that allows it to be used on any network. This of course has not pleased many users. They feel that they have bought the iPhone and have the right to use it on any network that they choose and maybe they are not pleased with AT&T and with to use another service. But this new Apple update denies their "right" to do so.
At least that's the claim of the users that have banded together to explore the possibility of a claim against Apple over their latest move to protect what it believes is it's legal right to keep its iPhone linked to AT&T. On Apple's iPhone discussion forums, a poster suggested this past weekend that a class-actions suit could be a possible action against Apple. The poster is seeking other like-minded people to join in his action or at least testing the water.
Others have posted that now that they have been warned about the update, they have no excuse. One poster stated that by taking their shiny new iPhone and knowingly messing with the warranty with some third-party software and turning it into a shiny new brick deserves no sympathy. They further point out that those who purchase the iPhone do so knowing that the only carrier is AT&T and should accept that or just not buy the phone. |
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Tainted-Beef Recall Sparks Consumer Concerns
Consumer Rights |
2007/10/01 03:51
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The Topps Meat Co.'s massive frozen hamburger beef recall has many shoppers worried about the safety of their meat, after it may have sickened 25 people in eight states. "You don't know what's in it," one concerned shopper said. "It makes me feel very scared, and I don't know what to eat." The recall, which includes 21.7 million pounds of meat, is enough to make a McDonald's regular hamburger for every adult in America. The meat in question was made in late June and July. The E. coli in the hamburger beef began sickening people in August. It took nearly six weeks before the first recall was issued. "We don't understand why it took so long to recall this meat. If there was a victim in August, it should have been revealed weeks ago," said Jean Halloran of the Consumers Union. The U.S. Department of Agriculture, which oversees the industry, said there were no recall delays. However, when the first recall went out Tuesday, only a small amount was recalled. By the weekend, the recall was expanded by more than 600 times. One victim, who tasted the tainted beef, was 15-year-old Samantha Safranek. She had severe stomach cramps in August after eating it. "It almost cost my life," Safranek said. "I was just scared the whole time, just thinking, if I was even going to make it. And I didn't want a silly burger just to kill me." The food recall is the latest in a rash of E. coli-related callbacks this year, including tainted spinach and salad mixes. The USDA said it is unable to explain why there have been so many outbreaks. However, critics complain that every lot of processed meat should be tested, which is something not required today. |
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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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