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Wells Fargo sued over home equity lines of credit
Business | 2009/08/19 10:34
The banking unit of Wells Fargo & Co. is facing a lawsuit claiming it illegally reduced the size of customers' home equity lines of credit.

The suit, which was filed in Illinois, claims Wells Fargo failed to accurately assess the value of customers' houses before deciding to cut the size of their credit lines. San Francisco-based Wells Fargo is being accused of using unreliable computer models that wrongly valued home prices too low to justify cutting the size of customers' loans.

Home equity lines of credit are similar to credit cards in that a customer has a credit limit and can continue to borrow money until the limit is reached. Once a portion is paid off, it again becomes accessible to borrow. But, home equity lines of credit are backed by a borrower's property, whereas credit cares are unsecured.

Michael Hickman, who filed the lawsuit on behalf of himself and is seeking class action status for it, claims Wells Fargo also did not provide proper notice that the bank was reducing the size of the credit lines.

The bank's notice for reducing the lines also did not specifically provide a new estimated value for the property or the method used to determine the houses value. Hickman's lawsuit said that information was needed so a customer could challenge the change in the credit limit and try and reinstate the previous limit.

Hickman is being represented by KamberEdelson LLC, a Chicago-based law firm, which is also representing clients that have filed similar suits against JPMorgan Chase & Co. and Citigroup Inc.

Nearly all banks have been hit hard by mounting loan losses tied to residential real estate over the past two years. Reducing lines of credit can limit exposure to the struggling sector.



SC lawsuit against Nucor Steel can proceed
Business | 2009/08/18 11:26

A federal appeals court has revived a discrimination lawsuit brought by black employees who claim they worked in a racially hostile environment at a Nucor Steel mill in South Carolina, attorneys said Tuesday.

The 4th U.S. Circuit Court of Appeals said in a decision issued Aug. 7 that the case against the Charlotte-based manufacturer can go forward with class-action status. It has been sent back to federal district court and will be tried in Charleston, S.C.

"While this class certification doesn't mean they've won ... the decision is a victory," lead attorney Robert L. Wiggins Jr. said in a statement. "Being involved in this case as a plaintiff has taken courage, but these individuals believed that it was important to change the horrific situation at Nucor for all black employees, and not just themselves."

The lawsuit, originally filed in December 2003, charged that racial slurs and monkey noises were broadcast over the radio system at the company's Huger, S.C. mill. The plaintiffs — seven black former and current Nucor employees — also claim that racially charged e-mails depicting blacks with nooses around their necks were circulated, some employees used racial slurs when referring to black workers and that the mill discriminated against blacks in making promotions.



Massey drops lawsuit against WVa Supreme Court
Business | 2009/07/25 08:58
Coal producer Massey Energy has dropped its lawsuit challenging the West Virginia Supreme Court's recusal procedures.

Richmond, Va.-based Massey said in a statement Friday that the retirement of former Justice Larry Starcher last year prompted it to give up the suit.

Starcher was known for often harsh criticism of Massey chief Don Blankenship. At various times over the years, Starcher called Blankenship "stupid" and a "clown."

Massey filed the suit in U.S. District Court in 2006 after Starcher refused to recuse himself from an appeal involving the company.

A spokeswoman for the Supreme Court had no immediate comment Friday.



Opponents of GM sale face noon deadline
Business | 2009/07/10 09:59

Opponents of General Motors Corp.'s plan to sell the bulk of itself to a new government-controlled company face a noon deadline to file appeals and find a way to get the sale halted.

But with their options dwindling and time running out, it's increasingly likely that U.S. Judge Robert Gerber's order approving the sale will go through at noon Eastern, paving the way for the automaker's speedy exit from Chapter 11.

GM's lawyers are working to get documents ready to close the sale quickly if the deadline passes and the sale is legally allowed to go through.

"We'll do it as quickly as possible," GM spokesman Tom Wilkinson said Thursday morning.

The sale is the centerpiece of Detroit-based GM's government-endorsed plan to emerge from court oversight. Once it becomes final, the automaker will be largely free to emerge from bankruptcy protection.

Gerber issued a ruling approving the sale late Sunday, but gave its objectors a four-day window to file appeals. The ruling followed a three-day hearing the week before during which attorneys for several groups including argued against its approval.

Some of the most vocal objectors included groups of people with product-related claims against the automaker. Under the current sale plan, liability for claims related to incidents that occurred before GM's bankruptcy filing won't carry over to "new GM."

That means that those people who claim they were injured as a result of a defective GM product before June 1 will be forced to seek compensation from "old GM," the collection of assets and liabilities leftover from the sale, where they will have to fight with the company's other creditors for a share of what's left.

One of the product liability groups filed papers to appeal Gerber's ruling and asked that the appeal be sent directly to the 2nd Circuit Court of Appeals for action.



High court puts Chrysler sale on hold
Business | 2009/06/09 05:08
The Supreme Court threw a wrench into the plans to have a quick bankruptcy process at Chrysler LLC, delaying the company's combination with Italian automaker Fiat.


The bankruptcy judge overseeing the Chrysler case had given approval for the company's most valuable assets, such as plants, dealerships and contracts, to become part of a new company in which Fiat would hold a significant stake.

Supreme Court Justice Ruth Bader Ginsburg, in an order issued late Monday, granted a request for a delay of that approval sought by Indiana state pension funds, which had argued that they and other lenders deserved better treatment by the bankruptcy court.

No reason for the delay was given in the order, and there were no details about how quickly the issue could be resolved by the nation's highest court.



Supreme Court asked to delay Chrysler sale
Business | 2009/06/08 08:23
Indiana pension funds and consumer groups asked the U.S. Supreme Court on Sunday to stop the sale of bankrupt automaker Chrysler LLC to a group led by Italian carmaker Fiat SpA while they challenge the deal.


The separate requests, which moved the legal battle to the nation's highest court, were filed after a U.S. appeals court in New York approved Chrysler's sale to a group led by Fiat, a union-aligned trust and the U.S. and Canadian governments.

The Chrysler case could set a precedent for General Motors Corp, which is using a similar quick sale strategy in its bankruptcy in New York.

The appeals court late on Friday stayed the closing of the sale until Monday afternoon, giving the pension funds and other opponents time over the weekend to ask the Supreme Court to block the sale while they appeal.

The three state pension funds, which hold about $42 million of Chrysler's $6.9 billion in secured loans, argued the sale unlawfully rewarded unsecured creditors such as the union ahead of secured lenders.

"The need for the court to review the profound issues presented by Chrysler's novel bankruptcy sale far outweighs the cost of delaying" a sale, lawyers for the pension funds and the Indiana attorney general said in seeking an immediate stay.

The pension and construction funds also argued the U.S. government, which kept Chrysler afloat with emergency loans before the automaker's bankruptcy and financed its Chapter 11 filing, overstepped its legal authority by using bailout funds Congress intended for banks.

"The public is watching and needs to see that, particularly, when the system is under stress, the rule of law will be honored and an independent judiciary will properly scrutinize the actions of the massively powerful executive branch," the lawyers said.



Banks earned $7.6B in 1Q after record loss in 4Q
Business | 2009/05/27 03:56
The nation's banks turned a profit in the first quarter, but the number of problem banks jumped to more than 300, the government said Wednesday.

The Federal Deposit Insurance Corp. said higher trading revenues at big banks helped the industry earn a $7.6 billion profit in the January-March period, compared with a record loss of $36.9 billion in the fourth quarter. The profit was 61 percent below the $19.3 billion earned in the year-ago period and followed the first quarterly loss in 18 years.

U.S. banks and thrifts set aside $60.9 billion in the first quarter to cover potential loan losses, up from $36.2 billion a year earlier.

The number of troubled banks jumped to 305, the highest number since 1994 during the savings and loan crisis, from 252 in the fourth quarter, according to the FDIC.

Thirty-six federally-insured institutions already have failed and been shut down by regulators this year, extending a wave of collapses that began in 2008. This year's tally compares with 25 in all of 2008 and three in 2007.

The failures sliced the amount in the deposit insurance fund to $13 billion in the first quarter, the lowest level since 1993. That compares with $17.3 billion a year earlier.

"Troubled loans continue to accumulate" and the costs to banks from soured loans "are weighing heavily on the industry's performance," FDIC Chairman Sheila Bair said. "Nevertheless, compared to a year ago, we see some positives."



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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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