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Jets Fan Sues Pats, Seeks $184 Million
Legal Business | 2007/09/29 11:21
New York Jets season-ticket holder filed a class-action lawsuit Friday against the New England Patriots and coach Bill Belichick for "deceiving customers." The lawsuit filed in U.S. District Court in Newark, N.J., by Carl Mayer of Princeton Township, N.J., stems from the Patriots being caught illegally videotaping signals from Jets coaches in New England's 38-14 season-opening win Sept. 9.

"They violated the integrity of the game," Mayer's attorney, Bruce Afran, told The Associated Press. "This is a way of punishing Belichick and the Patriots."

Mayer is seeking more than $184 million in damages for Jets ticket holders.

Belichick was fined $500,000 by NFL commissioner Roger Goodell, and the team was fined $250,000 for violating a league rule that prohibits clubs from using a video camera on the sidelines for any purpose -- including recording signals relayed to opposing players on the field. New England also must forfeit a first-round draft pick next year if it makes the playoffs or a second- and third-rounder if it doesn't.

"They were deceiving customers," said the 48-year-old Mayer. "You can't deceive customers."

The lawsuit maintained that because other teams found illegal videotaping by the defendants, Jets ticket holders should be compensated for all games played in Giants Stadium between the Jets and Patriots since Belichick became head coach in 2000.

The two calculated that because customers paid $61.6 million to watch eight "fraudulent" games, they're entitled to triple that amount -- or $184.8 million -- in compensation under the federal Racketeer Influenced and Corrupt Organization Act and the New Jersey Consumer Fraud Act.

"How many times have the Patriots done this? We find it hard to believe they did it just once," Mayer said. "We just want to get to the truth of the matter of what the Patriots did to the Jets. I think the ticket holders are genuinely concerned about it. This is a type of misrepresentation."

Patriots spokesman Stacey James declined to comment on the lawsuit.

Mayer and Afran, who consider themselves public interest lawyers, have been thorns in the side of New Jersey politicians for years, filing lawsuits and demanding investigations to advance their grievances. They are well known in the state but generally have had little success in their causes.

Both have lost bids for elected offices, and Mayer once served as a presidential campaign adviser to Ralph Nader.

Their demand in March for a probe of Gov. Jon S. Corzine's gifts to a former girlfriend was rejected by a federal prosecutor. In 2006, a judge vetoed their effort to block Corzine's appointment of Rep. Robert Menendez, D-N.J., to fill the governor's seat in the U.S. Senate.

They also failed to get a court to order a special election to replace Gov. James E. McGreevey when he resigned in 2004.

Now, they're taking on the Patriots.

Their latest lawsuit asserted that the secret videotaping violated the contractual "expectations and rights" of Jets ticket holders "to observe an honest match played in compliance with all laws and regulations."

The actions of Belichick and the Patriots violated federal and state racketeering laws, as well as the New Jersey Consumer Fraud Act and New Jersey Deceptive Business Practices Act, according to the lawsuit.

"Having been a lifelong Jets fan, as soon as I heard this, I was completely outraged," Mayer said. "The NFL just slapped them on the wrist. I'm a consumer lawyer, and this is consumer fraud."



Italy Approves Tax Cuts for Businesses
International | 2007/09/29 11:20
Italy's Cabinet approved lower taxes for businesses and tax breaks for homeowners and renters Saturday, a reflection of Premier Romano Prodi's efforts to pacify disgruntled centrists and far-left parties in his fractious coalition.

The measures, part of the government's proposed package of spending and taxes for 2008, were debated at a Cabinet meeting that stretched over about 12 hours, beginning late Friday afternoon and ending early Saturday.

Prodi's center-left coalition has been struggling to stay intact virtually since it began governing in May 2006, and some of his allies have been predicting that if his coalition unravels, early elections, eagerly sought by conservative opposition leader Silvio Berlusconi, would be the consequence.

The government's popularity has been sagging in opinion polls, and Berlusconi, the media mogul and former premier who Prodi defeated in 2006 elections, has been pressing for a return to the ballot box.

Prodi's description of the proposed national budget for next year sounded both like a pep talk to keep his coalition partners enthusiastic and a campaign rally in case elections are near.

"We are proud of this outcome of team play which will help families, businesses and citizens and the weakest members" of society, Prodi told a news conference at the premier's office.

The premier boasted that the overall euro11 billion (US$15.6 billion) budget was nearly one-third less than the current year's budget.

The budget must be passed by Parliament by the end of 2007, and if past years are any guide, many of the measures approved by the Cabinet could be revised several times before becoming law.

With his often rebellious, far-left coalition partners, including Communists, balking over Prodi's aim to reform Italy's generous pension system, the Cabinet decided to put off a decision on that thorny issue until Oct. 12.

The far-left had gone into the Cabinet session threatening not to approve the budget unless welfare spending took priority over tax cuts.

Prodi told the news conference that reforms to the pension system and hiring rules would be approved at the Oct. 12 session.

Economy Minister Tommaso Padoa-Schioppa said Italy's economic growth rate was declining, "but the drop is not dramatic."

He also sounded an optimistic note, saying that mortgage crises that have hit financial institutions and consumers hard in the United States, does not seem to be hitting Italy.

The government "is keeping all its promises" and "we are operating in a context of healing" Italy's finances, Padoa-Schioppa said.

Far-left parties already have forced Prodi to briefly resign over Italy's military mission in Afghanistan, and their opposition to economic reforms has stifled or watered down attempts to liberalize the country's economy and reduce public spending.



UAW Wins Job Security Pledges in GM Deal
Labor & Employment | 2007/09/29 11:19
Local union leaders on Friday endorsed a tentative agreement between General Motors Corp. and the United Auto Workers that requires GM to pay out at least $35 billion for retiree health care, establishes lower wages for thousands of new employees and offers an unprecedented number of promises for future work at U.S. plants, according to a summary of the agreement provided by the UAW. The agreement still is subject to a vote of GM's 74,000 UAW members, which should be completed by Oct. 10. UAW President Ron Gettelfinger said he's confident members will support the agreement and that Ford Motor Co. and Chrysler LLC will match many of its terms.

"We're happy with this stuff," he said.

GM spokesman Dan Flores said both UAW workers and the company benefit from the agreement. GM didn't release any specifics of the contract Friday; the company typically waits until the contract is ratified to make detailed comments.

"Not only does this new agreement enhance the security for employees and retirees, it enables GM to close competitive gaps in our business, and the projected competitive improvements will allow us to maintain a strong manufacturing presence in the U.S. with significant future investments," Flores said.

Gettelfinger said he hadn't yet decided whether the union would negotiate with Ford or Chrysler next, but he expects to make that call next week. Both automakers have extended their contracts with the union indefinitely.

The linchpin of the deal is a trust fund for retiree health care, known as a Voluntary Employees Beneficiary Association, or VEBA. GM, which has around 340,000 retirees and spouses, wanted to form the VEBA in order to get $51 billion in retiree health care debt off its books. The VEBA will be run by an independent board overseen by the UAW.

GM will put $24.1 billion into the VEBA in January 2008 and will pay an additional $5.4 billion to cover retirees' health care costs until the VEBA takes over in January 2010. GM also will make up to 20 additional $165 million payments -- to a maximum of $1.6 billion -- to the VEBA anytime the fund's level is insufficient to provide benefits for at least 25 years.

GM also will be required to pay cash interest on a $4.37 billion convertible note for the benefit of the VEBA. The fund's trustees will be able to convert that note to GM stock, which could be a windfall for the fund if GM's share price goes up. GM's active workers also will be required to contribute a small amount of their cost-of-living increases to the VEBA.

In a two-page letter to retirees sent Friday, the UAW sought to calm retirees' fears about the VEBA, saying the union supports the fund because it protects retirees' benefits in the event of a downturn or bankruptcy. Retirees don't get to vote on the contract.

The UAW was seeking to protect jobs and slow its falling membership in this contract, and Gettelfinger said GM responded with "unprecedented product guarantees." GM committed to building current or existing products at 16 of its 18 U.S. assembly plants, according to the UAW's summary. GM already has announced the closure of a plant in Doraville, Ga., in 2008. A midsize sport utility vehicle plant in Moraine, Ohio, wasn't listed because its workers are represented by the International Electronics Workers-Communications Workers of America.

The 16 factories either will continue building their current products or, in most cases, the next generation of those products. A plant in the Detroit area is scheduled to begin producing the electric Chevrolet Volt, one of GM's most anticipated products, in 2010, while a plant in Lordstown, Ohio, is set to get a new subcompact.

"The whole thing looks fantastic," said Dave Green, president of one of two local unions in Lordstown. The agreement, he said, preserves wages and health care for active workers "and we've done creative stuff that's going to make the company profitable in North America."

But the future of some plants may be in jeopardy.

GM's Orion Township plant, which will make the Pontiac G6 mid-sized car until 2013, and the Wilmington, Del. plant, which makes the Pontiac Solstice and Saturn Sky roadsters until 2012, do not have new vehicles listed on the UAW's summary.

Eldon Renaud, head of United Auto Workers Local 2164 in Bowling Green, Ky., said production of the Pontiac Solstice and Saturn Sky will move from Wilmington to his plant, leaving Wilmington's future in doubt.

The union said assembly line workers will get economic gains totaling $13,056 over the life of the four-year contract. They will get bonuses in each year of the contract, including a $3,000 bonus when the contract is ratified, as well as cost-of-living increases.



China Targets Sexy Ads for Ban
International | 2007/09/29 11:18
China has banned TV and radio ads for push-up bras and figure-enhancing underwear in the communist government's latest move to purge the nation's airwaves of what it calls social pollution.

No examples were given, but Chinese television channels have increasingly broadcast late-night infomercials featuring scantily clad women, as well as ads for products that claim to boost sexual performance.

Regulators have already targeted ads using crude or suggestive language, behavior, and images, tightening their grip on TV and radio a few weeks ahead of a twice-a-decade Communist Party congress at which some new senior leaders will be appointed.

The latest ban by the State Administration of Radio, Film and Television, or SARFT, also bans advertisements for sexual aids including tonics and sex toys, along with "inelegant images" in ads for what it referred to simply as "adult products."

The notice indicated that regulators were concerned about both lascivious imagery and outrageous or insupportable claims about some products' benefits or effectiveness.

"Illegal 'sexual medication' advertisements and other harmful ads pose a grave threat to society," said the SAFT notice, issued last week and seen Sunday on the administration's Web site.

"They not only seriously mislead consumers, harm the people's health, pollute the social environment, and corrupt social mores, but also directly harm the credibility of public broadcasting and affect the image of the Communist Party and the government," the notice said.

China has already also issued strict rules for TV talent shows, including the banning of "American Idol"-style mass audience voting by mobile phone text message or the Internet.

A few weeks ago, SARFT ordered 11 radio shows off the air in southern and central China for talking too explicitly about sex or for broadcasting material of an "extreme pornographic nature."

Regulators have also banned television shows about cosmetic surgery and sex changes, and a talent show that they deemed coarse.



Ground Beef Recall Expanded Across U.S.
Consumer Rights | 2007/09/29 11:17
The Topps Meat Co. on Saturday expanded its recall of frozen hamburger patties to include 21.7 million pounds of ground beef that may be contaminated with E. coli bacteria that sickened more than a dozen people in eight states.

The recall of products distributed to retail grocery stores and food service institutions in the United States was a drastic increase from the 332,000 pounds recalled Tuesday.

The recall represents all Topps products with either a "sell by date" or a "best if used by date" between Sept. 25 this year and Sept. 25, 2008. The Elizabeth-based company said this information is found on a package's back panel.

All recalled products also have a USDA establishment number of EST 9748, which is located on the back panel of the package and-or in the USDA legend, the company said.

The U.S. Department of Agriculture said Friday it had suspended the grinding of raw products at the Topps plant after inspectors found inadequate safety measures at the Topps plant. The USDA declined to detail the inadequate safety measures.

"Because the health and safety of our consumers is our top priority, we are taking these expansive measures," said Geoffrey Livermore, Topps' operations vice president.

He said Topps has augmented its procedures with microbiologists and food safety experts.

"We sincerely regret any inconvenience and concerns this may cause our consumers," Livermore said.

The USDA said three people are confirmed as getting E. Coli from Topps products, with 22 other cases under investigation. Cases were found in Connecticut, Florida, Indiana, Maine, New Jersey, New York, Ohio and Pennsylvania.

E. coli causes intestinal illness that generally clears up within a week for adults but can be deadly for the very young, the elderly and people with compromised immune systems. Symptoms can include severe stomach cramps, bloody diarrhea and, in extreme cases, kidney failure.



Software Update Disables Hacked IPhones
Venture Business News | 2007/09/28 19:20
Apple Inc. has issued a software update that creates problems for iPhones modified to work with a cellular carrier other than AT&T Inc. and disables at least some unofficial programs installed on other iPhone handsets.

Apple warned earlier this week that the iPhone update -- which adds access to the iTunes Wi-Fi Music Store and fixes some security flaws -- could permanently disable phones running programs that untether phones from its exclusive partner's network.

Several gadget enthusiast Web sites, including Gizmodo and Engadget, as well as online postings from hacker communities reported that, depending on which unlocking program was used, certain modified phones no longer worked after they installed Thursday's software update. In some cases, the phones worked, but only with the original SIM card that ties the phone to AT&T.

Some sites also reported uncondoned third-party applications on the iPhones became disabled after the update.

Some hackers had characterized Apple's warning as "a scare tactic." Despite Apple's history of playing cat-and-mouse games with hackers in the past, company officials insisted they were "not proactively" trying to make hacked iPhones useless.

It was unclear how many iPhone owners had unlocked their phones, but the programs -- including several that can be downloaded for free -- appeared to be particularly popular with European consumers. Apple isn't selling the iPhone or initiating the service in Europe until November, so the unlocking software allowed Europeans who bought iPhones in the United States to use the $399 devices.

Installing Apple's latest iPhone update is optional.



FDIC Shuts Down NetBank Due to Defaults
Breaking Legal News | 2007/09/28 16:24

NetBank Inc., an online bank with $2.5 billion in assets, was shut down by the government on Friday because of an excessive level of mortgage defaults. It was the largest savings and loan failure since the tail end of the industry's crisis more than 14 years ago. Federal regulators appointed the Federal Deposit Insurance Corp. as a receiver for Alpharetta, Ga.-based NetBank. Customers with less than $100,000 deposited with NetBank will be protected by FDIC insurance.

While dozens of mortgage companies have closed due to soaring defaults of home loans made to borrowers with weak, or subprime, credit, those problems previously had occurred among non-bank lenders such as New Century Financial Corp. NetBank, in contrast, is federally regulated.

Loose mortgage standards in recent years - especially among lenders catering to subprime borrowers - have resulted in a spike in home loan defaults.

Bert Ely, a banking consultant based in Alexandria, Va., said NetBank was in "deep trouble" before the subprime mortgage market's woes accelerated this year. Regulators, he said, "should have closed it a long time ago."

While some Internet-only banks are successful, he said, operating one without retail branches can be a difficult strategy to maintain.



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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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