Suit targets iPad data plan promises Jun 25, 2010
An amended complaint has been filed in a nationwide class action lawsuit against and that alleges fraud in connection with the sale and marketing of the iPad and associated data plans. San Francisco-based LLP said the complaint charges that Apple and AT&T misrepresented that consumers purchasing an iPad with 3G capability could choose an unlimited data plan for a fixed monthly rate and switch in and out of the plan on a monthly basis. (San Jose Business Journal, CA)
Law Firms Sanctioned Over Billionaire's 'Frivolous' Estate Claim Jun 16, 2010
"There was no legal or factual basis for the plaintiffs to proceed with their amended complaint given the evidence they had and the state of the law in New Jersey." ... Koblitz, ruling from the bench, found that Paul Weiss and Lowenstein Sandler had violated New Jersey Court Rules by filing the amended complaint after receiving documents showing the claim was untenable. (Law.com)
Milberg Argues Its Use of Subsequently Discredited Witnesses Was in Good Faith Jun 2, 2010
A second amended complaint filed in the Sony case in July 2009 contained statements by two "confidential sources" that the electronics manufacturer knew every television that left the plant was bad, and that rather than re-engineer a defective component, it sold consumers refurbished televisions for $700 to replace the ones that failed ... A later consolidated amended complaint filed in October contained the same statements. (Law.com)
GVR wins in court over membership issue May 22, 2010
The plaintiffs did not challenge the ruling and filed an amended complaint in December 2009. GVR sought a summary judgment in the case, contending the members had complied with GVR rules for many years without objection, and paid their dues until recently, according to the ruling made last week. (Green Valley News & Sun, AZ)
Georgia joins health-care reform lawsuit May 22, 2010
We concluded that the Amended Complaint being filed today includes the strongest Constitutional arguments and, accordingly, that the interests of Georgia and its citizens are best served by joining in the Amended Complaint in the Florida action. Jones was appointed after Georgia s Democratic Attorney General Thurbert Baker. (Atlanta Business Chronicle, GA)
Georgia becomes 20th state in anti-health care lawsuit May 15, 2010
Governor Sonny Perdue announced today that Georgia has officially joined 19 other states in challenging the federal healthcare reform act when the amended complaint was filed today. The amended complaint now features 20 state plaintiffs and two individual plaintiffs; additionally, the National Federation of Independent Business (NFIB) joined the lawsuit as a co-plaintiff on behalf of its members nationwide ... We concluded that the Amended Complaint being filed today includes the strongest... (Atlanta Journal-Constitution -- Metro)
New states join Texas in health bill fight May 15, 2010
The amended complaint raises additional constitutional questions, including the argument that the bill violates the states 10th Amendment rights and provisions of the U.S. Constitution by forcing state taxpayers to pay billions of dollars on programs the states cannot afford. The amended complaint also alleges the bill is improperly allowing the federal government to commandeer the states by forcing state governments to use their financial resources to implement federal initiatives and by... (Dallas Business Journal, TX)
Plaintiffs Attorneys Sanctioned for 'Spurious' Allegation May 14, 2010
But in a consolidated amended complaint filed May 21, 2009, the allegation about the internal e-mails was not included. Instead, Cote said, the new "core allegation" was that ANZ failed to disclose in public statements that it had inadequate internal controls for its equity finance unit. (Law.com)
Makena golf cart path focus of lawsuit May 12, 2010
In 2007, after Dowling and Morgan Stanley purchased the whole resort, along with its 310-room hotel, Keaka disregarded its obligations under the [memorandum of agreement], caused Makena Golf to execute a purported cancellation of Easement 5, and realized significant economic gain by granting a golf cart path easement in an alternative location on the Maluaka property, alleged the first amended complaint to the lawsuit, which was filed April 19. Under a new easement agreement, dated March 16,... (Pacific Business News, HI)
Former Rothstein Partner to Be Charged, Attorney Says May 8, 2010
Fort Lauderdale attorney William Scherer of Conrad & Scherer, who filed a 1,300-page amended complaint last month, said the pleading could easily grow. But he asked Streitfeld to light a fire under the defendants to respond to the latest complaint. (Law.com)
IT IS JUST ANOTHER POWER PLAY BY THE BIG BOYS (COMCAST,TIME WARNER) THESE MODEMS... May 3, 2010
The six DOCSIS equipment vendors filed an amended complaint on April 11, asserting that Rembrandt's sham attempts to portray itself as a cable-modem vendor violated antitrust regulations. Rembrandt is, by its own admission, a nonpracticing entity that does not make or sell anything, Motorola, Cisco and the other vendors said. (Multichannel News)
More papers filed in Bible camp battle May 1, 2010
The Jaroses have also filed a 54-page amended complaint in which they expound on their claims. According to online federal court records, a telephone status conference in this case is set for May 5. (Forest Republican, WI)
Firm says Menards knocked off its blocks Apr 30, 2010
I wouldn t be surprised if the first round of discovery relates to how these products are made, and I wouldn t be at all surprised to see an amended complaint. If the companies don t settle, Anchor could arm itself with information gleaned in discovery and have a stronger case on the alleged patent infringement. (Twin Cities Business Journal, MN)
Cochlear Implants Apr 29, 2010
The amended complaint sought a $2. 2 million penalty against Advanced Bionics for violating federal law, including violation of CGMP (Current Good Manufacturing Practice) standards and failure to seek PMA (Premarket Approval) approval or supplement or a 30-day notice prior to distributing devices with an Astro Seal feedthru. (Slate)
Citigroup Wins Bid for Dismissal of Lawsuit Over Brokers' Signing Bonuses Apr 24, 2010
An amended complaint in October added five other former Citigroup brokers, who the bank said received signing bonuses ranging from Banuss $45,675 to as much as $801,546. The plaintiffs sought class-action, or group, status on behalf of at least 500 brokers employed by Citigroup in the previous six years who executed promissory notes. (Bloomberg -- US)
Accounting firm blasts Rothstein investor allegations Apr 22, 2010
In the latest amended complaint, Scherer alleges Berenfeld employees were the last line of defense that had the means and opportunity to expose the largest Ponzi scheme in Florida history ; partly because Berenfeld did tax work for RRA and Rothstein, and accounting for Banyon 1030-32 ... This amended complaint is a shameful document, suing partners and even staff who have at all times tried to do everything right, he said. (South Florida Business Journal, FL)
Judge Tosses Investors' Madoff-Related Claims Against SEC Apr 22, 2010
who represents his family's investment partnership in the case, declined to comment about the judge's order or whether he planned to file an amended complaint within the next 30 days. He said that his family lost a "significant sum" investing with Madoff. (Law.com)
Suit says LA district attorney targets prosecutors Apr 9, 2010
The amended complaint Tuesday seeks class-action status. . (San Diego Union-Tribune)
Cohen ex: cut me in Apr 7, 2010
The amended complaint, filed by Gaytri Kachroo, the attorney known for representing Madoff whistleblower Harry Markopolos, attempts to outline how Cohen allegedly cheated Patricia by laundering money, lying about his earnings and hiding information on his hedge fund shop, then known as SAC Trading. The lawsuit said that Cohen went so far as to lie about payroll at SAC Trading "to give the appearance that SAC Trading was merely a shell company," the suit said. (New York Post -- Business)
Steven Cohen's Former Wife Sued by Her Ex-Lawyer for Payment of Legal Fees Apr 4, 2010
Kachroo, based in Cambridge, Massachusetts, said she planned to file an amended complaint in the lawsuit against Steven Cohen and SAC.. In that litigation, Patricia Cohen also claimed her ex- husband lied in 1988 and 1991 in divorce case filings by concealing a bank account in Miami that held millions of dollars, and hiding the existence of a Florida-based trading firm he controlled as well as entities he used to conceal real estate transactions. (Bloomberg -- US)
Calif. Federal Judge Rules Against Government on Warrantless Wiretaps Apr 1, 2010
But Walker allowed Eisenberg to file an amended complaint, based entirely on nonclassified evidence, in order to establish that his clients were surveilled. Faced with these fresh allegations, the government didn't respond with facts or evidence, Walker wrote. (Law.com)
Shareholder suit against Oshkosh dismissed Apr 1, 2010
Since the initial filing, other shareholder lawsuits were filed and consolidated into an amended complaint, according to regulatory filings. In dismissing the lawsuit, Griesbach wrote in his decision that "it is simply not plausible to infer that any of the defendants intended to defraud anyone given the true and extensive financial data they did disclose....," Oshkosh said. (Milwaukee Business Journal, WI)
Gay prom teen hated, lauded Mar 28, 2010
An amended complaint to seek a quick resolution on this should be filed in the next 30 days, she said. Meantime, McMillen is trying to find her new normal. (CNN)
Defamation Trial Averted as Oprah and School Headmistress Talk It Out, Sans Lawyers Mar 25, 2010
Mzamane alleged in her amended complaint, filed Feb. 2, 2009, that Winfrey "falsely and maliciously implied and asserted" during two news conferences in October and November 2007 that Mzamane knew of alleged physical and sexual abuse at the school. In their answer and affirmative defenses, filed Feb. 16, 2009, the defendants deny the allegations and assert that the statements Mzamane takes issue with "are not capable of defamatory meaning.". (Law.com)
Microsoft loses $106 mn patent verdict Mar 17, 2010
VirnetX had accused Microsoft of violating the patents in an amended complaint filed in April 2007, court records show. The Tyler, Texas, jury handed down its verdict after a week-long trial, the law firm said. (India Times)
Full 1st Circuit Rules Prospectus Statements Are Not Attributable to Executives for 10(b)(5) Purposes Mar 16, 2010
" The SEC also alleged that the defendants aided and abetted several securities law violations made by Columbia Advisors and mutual fund underwriter and marketer Columbia Distributor. The district court dismissed the SEC's amended complaint in December 2006. A divided 1st Circuit panel reversed that ruling in a December 2008 opinion authored by Lipez. The full court withdrew the panel ruling for an en banc hearing on the Rule 10b-5(b) issues. Since the en banc court only considered the 10b-5(b)... (Law.com)
NCAA lawsuit over player images expands its reach Mar 11, 2010
Lawyers filed an amended complaint in U.S. District Court in San Francisco Wednesday adding, among others, some members of the 1966 Texas Western (now Texas at ) team that made history by starting an all black lineup in the NCAA championship game. That team defeated 's all-white squad. (USA Today -- Sports)
Charities Sue Over $400 Million Fortune Mar 10, 2010
"Because his father and many relatives were murdered in the Holocaust, Walter Bronner was fervently pro-Israel," reads the fourth amended complaint filed in 2008 ... The amended complaint implicates Whyte in Walter Bronner's death. (Law.com)
Saipan families sue Isle firm over hotel sale Mar 6, 2010
Members of three Saipan families who were minority shareholders in a hotel company there filed an amended complaint in the Northern Marianas Superior Court against their former law firm, Honolulu-based Carlsmith Ball ... The amended complaint also alleges that Carlsmith Ball structured a lease agreement that allegedly deprived local landholders of the full value of their property. (Honolulu Advertiser)
Saipan hotel investors file amended complaint against Carlsmith Ball Mar 5, 2010
Members of three Saipan families who were minority shareholders of Saipan Hotel Corp. and Pacific Development Inc. filed an amended complaint in the Northern Marianas Superior Court against their former law firm, Honolulu-based Carlsmith Ball ... The amended complaint also alleges that Carlsmith Ball structured a lease agreement that allegedly deprived local landholders of the full value of their property. (Honolulu Advertiser)
Shareholder of Insight Enterprises, Inc. Files Amended Derivative Complaint - Scott+Scott LLP Announces Mar 4, 2010
In the amended complaint, it is alleged that backdating stock options cost Insight $47. 4 million during this time period because, had the stock options not been backdated, certain top officers and directors of Insight would have paid the Company the true exercise price for the stock and the Company would not have suffered adverse tax consequences. (Primezone Releases)
Yelp: Advertise or Else? Mar 4, 2010
Beck, a Harvard-trained trial lawyer in Miami, says dozens of businesses have contacted him with similar allegations, and he plans to file an amended complaint with more companies in the coming weeks. "This is not an isolated incident," says Beck. (BusinessWeek)
Delaware River dredging starts, protest goes on Mar 2, 2010
Upriver, New Jersey Gov. Chris Christie and other New Jersey politicians made it clear that the battle isn t over with their promise to continue legal challenges and political maneuvers to halt the project (Somerset Daily American, PA)
Judge Dismisses 2 Counts Against Rothstein Firm's Former Accountants Feb 20, 2010
An amended complaint is likely to follow based on Streitfeld's decisions. Fort Lauderdale attorney Bruce Rogow, who argued on behalf of the investors, said more facts have come out since the latest version of the complaint was filed Nov. 25. (Law.com)
OFFICIAL CLAIMS MORE EVIDENCE OF DISCRIMINATION Feb 16, 2010
The city denies Hill s initial complaint, which was filed in the Eastern District of U.S. District Court in September 2009, and has yet to respond to her amended complaint, filed Feb. 10 ... Yet Hill] has been told that her lawsuit is silly and that she should drop it, the amended complaint states ... The amended complaint also adds the following to the original complaint. (Pine Bluff Commercial, AR)
SEC files amended complaint in $52-mn insider trading scam Jan 31, 2010
The Securities and Exchange Commission (SEC) has filed an amended complaint with an American district court, having new allegations that Rajaratnam paid Kumar for insider tips ... In November last year, the SEC filed first amended complaint charging additional ten individuals and four entities with illegal insider trading that generated about USD 8 million more in illegal profits. (India Times)
Mass. Couple Sue Bank of America Alleging Erroneous Foreclosure Attempt Jan 29, 2010
solo practitioner who is another of the Cardosos' attorneys on the case, said the lawyers plan to file an amended complaint naming individual defendants currently listed as John Does 1-5 on the lawsuit. The lawsuit describes the John Does as "employees, agents, contractors or other persons, ordered, hired, or told by BOA to trespass on the plaintiffs' property and to dispose of the plaintiff's personal possessions.". (Law.com)
Lawsuits: Union City cops fail to protect blacks Jan 28, 2010
An amended complaint filed Wednesday for one of the federal suits is seeking class-action status. School officials did not immediately return a call seeking comment. (San Francisco Chronicle -- Crime)
Starwood: Hilton execs stole trade secrets Jan 16, 2010
In an amended complaint filed Thursday with the Manhattan federal court, Starwood said Hilton Chief Executive Christopher Nassetta knew his company was stealing confidential information about Starwood's luxury and so-called lifestyle brands, including the St. Regis, W and The Luxury Collection. The complaint suggests that Nassetta is under "intense pressure" to deliver solid results after private equity firm Blackstone Group LP bought Hilton for a premium price of $26 billion in 2007. (MSNBC -- Business)
2nd Circuit Reinstates Antitrust Claim Against Online Music Providers Jan 14, 2010
The amended complaint before Southern District of New York Judge Loretta Preska, who had received 28 actions from the Judicial Panel on Multidistrict Litigation, charged the defendants "restrain the availability and distribution of Internet Music, fix and maintain at artificially high and non-competitive levels the prices at which they sold Internet Music and impose unreasonably restrictive terms in the purchase and use of Internet Music.". The plaintiffs cited investigations into price fixing... (Law.com)
More heat in Cohen legal feud Jan 13, 2010
"He acted without our client's approval and without providing notice to us, her attorneys. We continue to investigate the case and are looking to file an amended complaint on behalf of Ms. Cohen." ... "He acted without our client's approval and without providing notice to us, her attorneys. We continue to investigate the case and are looking to file an amended complaint on behalf of Ms. Cohen.". (New York Post -- Business)
New SEC Bank of America Claims Can't Be Included in Merrill Bonuses Trial Jan 12, 2010
The SEC, in a letter dated Dec. 31 and released publicly yesterday, asked Rakoffs permission to file an amended complaint in the case. The agency claimed that by the time of the Dec. 5, 2008, shareholder vote, was aware of $4. (Bloomberg -- US)
Reed Construction Data Jan 10, 2010
RCDs amended complaint now alleges that Dodge also used its access to RCDs database to misappropriate RCDs construction information by downloading hundreds of project-related documents and viewing the specific details for thousands of construction projects. Dodge subsequently used this information to populate its own database. (Variety)
