County board says let it go Jul 5, 2008
On Monday, Springfield attorney Gary Smith, representing the county board, filed a motion to dismiss Hieronymus third amended complaint, saying Hieronymus third amended complaint is basically the same as the second amended complaint ... In her third amended complaint, Hieronymus compared her budget decrease of 14 percent to other county departments, some of which even saw increases in their budgets. (Princeton Bureau County Republican, IL)
Judge Dismisses Tax Collectors Suit Once Again Jul 4, 2008
In April of 2007, Judge Howsare dismissed the complaint without prejudice, which allowed attorney Papa to go back to the drawing board and refile an amended complaint. The ruling made this month was dismissed with prejudice, meaning the only way to continue forward with the matter would be to appeal through the Pennsylvania Superior Court. (Fulton County News, PA)
Firms' Request for NSA Records of Guantanamo Client Communications Dismissed Jul 3, 2008
They later filed an amended complaint in November 2007 asking Cote to declare the refusal to disclose unlawful and order the production of the records. Cote explained that the government had given a so-called "Glomar Response" to the request. (Law.com)
Malpractice Suit Against Kaye Scholer Alleges Discovery Foul-Ups Jun 27, 2008
In a 33-page amended complaint filed Wednesday in the U.S. District Court for the Northern District of Texas, Celanese said it only paid such a large settlement because Kaye Scholer's failure to turn over hundreds of thousands of documents to the plaintiffs had exposed Celanese to draconian trial sanctions. "The negligence and malpractice of Kaye Scholer and the consequences of that negligence caused the chances of Celanese's prevailing at trial to decrease dramatically," the company said. (Law.com)
McNamee's lawyers plan new motion to dismiss Jun 25, 2008
On June 3, U.S. District Judge Keith P. Ellison granted McNamee's request for an extension of time and gave him until July 2 to answer Clemens' amended complaint. "We're just working away," Emery said Tuesday. (SportsIllustrated.CNN -- MLB)
Woman accused of posing as abortion doctor Jun 22, 2008
Prosecutors filed an amended complaint May 28, alleging that he was involved in an incident with a second minor between Oct. 15 and Nov. 30, 2007. A preliminary hearing is set for July 1. (San Diego Union-Tribune)
Third time's the charm Jun 21, 2008
On Wednesday, Bureau County State s Attorney Patrick Herrmann filed a third amended complaint against the Bureau County Board on behalf of Hieronymus ... In Wednesday s amended complaint, Herrmann said Hieronymus has employed seven deputy clerks since starting her job as county clerk in 1996. (Princeton Bureau County Republican, IL)
New charges possible in drive-by shooting Jun 19, 2008
It (the amended complaint) is pretty substantial and obviously, these are pretty serious charges, District Judge Jeff Herron said during the hearing. The continuance will allow the preliminary hearing and a motions hearing to be held at the same time. (Montrose Daily Press, CO)
Suit Against N.J. Acutrim Packager Can Proceed Jun 11, 2008
and other defendants involved in manufacture, packaging and distribution of products containing PPA. An amended complaint added Steritek, of Moonachie, N.J., to which J.B. Labs shipped the finished tablets in bulk. Steritek did not sell Acutrim but only put the tablets in "blister" packaging, labeled the boxes, put the boxes into cartons and shipped them to an out-of-state distribution center. (Law.com)
Lawyer For Man Who Sued Omaha Archdiocese Said Appeal Likely Jun 10, 2008
Claar alleged in an amended complaint that Nebraska's statute of limitations of four years on personal injury claims is unconstitutional. Chaloupka says that typically, constitutional challenges end up in the appellate courts before they are resolved. (7 KETV Omaha)
County clerk gets another day in court Jun 7, 2008
Bureau County Clerk Kami Hieronymus appeared Thursday morning in LaSalle County Court for a hearing on her second amended complaint filed against the county board for cutting 18,000 from her clerk hire budget ... On Thursday, Circuit Judge Joseph Hettel allowed a motion to dismiss the first count of Hieronymus second amended complaint against the county board ... However, Hettel allowed Hieronymus attorney, Bureau County State s Attorney Patrick Herrmann, to come back with a third amended... (Princeton Bureau County Republican, IL)
Episcopal Church: Deposed Bishop Tried to Transfer Titles in Bakersfield Jun 5, 2008
In an amended complaint filed Monday in Fresno County Superior Court, the church and the Diocese of San Joaquin also asked the court to return to them any money the deposed bishop might have transferred from accounts held by Merrill Lynch. Merrill Lynch froze the accounts in question on Tuesday. (KERO 23, CA)
County files motion to dismiss Jun 5, 2008
PRINCETON The Bureau County Board has filed a motion to dismiss the second amended complaint filed against it by Bureau County Clerk Kami Hieronymus. Hieronymus second amended complaint is based on the October 2007 board decision to cut 18,000 from Hieronymus clerk hire budget ... The first amended complaint was filed in April and dismissed in May. (Princeton Bureau County Republican, IL)
Microsoft Offered $40 Per Share for Yahoo, Unsealed Papers Show Jun 3, 2008
Yang used his power as CEO ``to delay, to refuse to negotiate in good faith and to erect roadblocks'' to Microsoft's bid, investors said in an amended complaint. Chancery Judge ruled yesterday that Sunnyvale, California-based Yahoo couldn't keep parts of the complaint secret. (Bloomberg)
Yahoo rejected Microsoft offer in 2007 Jun 3, 2008
Welcome to The Sydney Morning Herald. Skip directly to: Search Box, , , Text Version. (Sydney Morning Herald -- Business)
NYC's Nuisance Action Proceeds Against Ga. Gun Retailer May 22, 2008
Weinstein sharply disagreed, stating, "The court interprets the amended complaint as not requesting fines and penalties, but injunctive relief. The court has no discretion because this is an equity case. The rule is quite clear: the court can empanel, and must empanel, an advisory jury only ... when both sides do not consent to a constitutional jury.". When Renzulli continued to press Weinstein on his holding in Beretta, which earlier this month , the judge cut him off. (Law.com)
Clothes dryer charges amended; Stephen W. Ray Jr. now faces three counts, Nicole M. Eberhart still faces two May 22, 2008
In an amended complaint filed by the Camden County Prosecuting Attorney's office, Ray is facing two counts of child endangerment and one child abuse charge. The original court documents filed against Ray and Eberhart indicate they told investigators the incident was for fun. (Camdenton Lake Sun Leader, MO)
Amended lawsuit claims Bennett breached contract May 22, 2008
In the amended complaint, Schultz says his Basketball Club of Seattle sold the Sonics to Bennett's Professional Basketball Club LLC only because of a side letter Schultz required as part of the sale ... The amended complaint also alleges Bennett merely "went through the motions" of trying to find a new home for the Sonics in the Seattle area and floated a totally unreasonable proposal for a $500 million building in the suburb of Renton that Bennett at the time said would be the most expensive... (ESPN -- Golf News)
Judge hears arguments over Yahoo records May 21, 2008
Indeed, plaintiffs' pattern and practice of litigating this case in the press alone justifies the redactions of Yahoo's nonpublic information from the proposed amended complaint, Welch wrote. Recommend this article. (Globe and Mail)
County's debt rating improves May 21, 2008
FACT this month filed an amended complaint to its ongoing lawsuit against the drink tax, seeking to have its case certified by the court as a class action on behalf of all 1,931 county liquor license holders. Kevin Joyce, proprietor of The Carlton restaurant and a member of FACT, said Mr. Onorato is "playing politics instead of being a leader for the county.". (Pittsburgh Post-Gazette, PA)
Pension Funds Howl At Yahoo! May 17, 2008
Significant portions of the public version of the amended complaint, filed late Thursday, were edited out at Yahoo. s request, according to the funds' claim. (New York Post -- Business)
Yahoo Suits Not Strong, Experts Say May 13, 2008
The Detroit funds' amended complaint, Lebovitch says, will be a more pointed demand for monetary compensation for shareholders now that talks between Microsoft and Yahoo have ended. After the initial filing, "there was always a chance (Yahoo's) board would do the right thing by shareholders," he said. (Investors Business Daily)
Coach's motion to dismiss denied; parties back in court Thursday May 8, 2008
Tuttman did partially grant Chernovetz s motion to strike certain elements of Michael Morris amended complaint, in which he not only seeks the injunction but damages on three claims: assault, intentional infliction of emotional distress and civil-rights violations (the interference with Timothy Morris schooling). The judge eliminated from the case the attachment of a 24-page 1997 Connecticut arrest-warrant application, a portion of which reports Chernovetz s interview with police during the... (Marblehead Reporter, MA)
Rather details injuries in lawsuit against CBS May 8, 2008
The judge said the veteran newsman could submit an amended complaint. Gold said the new papers, filed Wednesday in Manhattans state Supreme Court, detail the injuries that Rather claims. (MSNBC -- News)
Fraser enters not guilty plea May 8, 2008
Assistant District Attorney Michael Knowles has filed an amended complaint, which spells out Fraser's alleged crimes in further detail. The revised document has eight counts, including. (The Union Democrat)
Hieronymus complaint dismissed May 6, 2008
OTTAWA The amended complaint in the Kami Hieronymus versus Bureau County Board case has been dismissed ... However, Hettel did allow Herrmann to file another amended complaint on behalf of his client ... In looking at the possibility of another amended complaint, Hettel said he didn t know, at this time, what else could be presented to make for a different outcome. (Princeton Bureau County Republican, IL)
Judge denies motions to dismiss lawsuit against city May 3, 2008
Contained in the amended complaint is a copy of a settlement agreement to buy out This Day Forward s Feb. 2005 contract. On Aug. 1, 2005, the Marion City Council voted to approve the settlement and Mayor Robert Butler signed the agreement. (Marion Daily Republican, IL)
County wants suit dismissed May 2, 2008
PRINCETON The Bureau County Board wants the amended complaint filed against it by Bureau County Clerk Kami Hieronymus to be dismissed ... Hieronymus amended complaint, filed April 2, stems from the county board s action in October 2007 approving the 2008 fiscal year budget, which cut 17,000 from Hieronymus clerk hire line ... No cause of action exists for an unhappy county clerk to sue the county board for additional funding, and the amended complaint, in its present form, does not allege... (Princeton Bureau County Republican, IL)
APNewsBreak: Ex-Oral Roberts Professors Ask School For $2.5M Apr 23, 2008
The Brookers remained as plaintiffs, and filed an amended complaint that added as defendants the individual members of school's board of regents. Earlier this month, a district judge ruled that the Brookers' lawsuit against the university would be allowed to proceed. (CBS News -- US)
Alliance plans to dismiss Apr 23, 2008
On July 1, GACH and Phoebe plan to dismiss their amended complaint, the motion states. The Georgia Society of General Surgeons, of which Albany surgeon Dr. John Bagnato is a member, did not seek to intervene in the suit, though the Medical Association of Georgia did, stating in January its support for DCH s ruling that general surgery was a single specialty. (Albany Herald)
Case centers on actress's remarks about mother on television show Apr 19, 2008
In an amended complaint in which her attorneys seek to add defendants, Arthur contends that Stern also engaged in a conspiracy using Internet bloggers and various Web sites to destroy her reputation ... "Using the latest in electronic communication and jumping into the blogosphere, the conspirators set out to destroy Virgie," the amended complaint alleges. (Houston Chronicle)
Oracle to expand SAP lawsuit Apr 19, 2008
Oracle said it plans to file a second amended complaint against SAP and TomorrowNow that will reveal "a pattern of unlawful conduct that is different from, and even more serious than," the conduct described in its initial complaint ... Oracle said it hopes SAP will agree to its filing the amended complaint, otherwise it will amend the new charges to the current one. (InfoWorld)
Dynamic Building embroiled in lawsuit with carpenters union Apr 16, 2008
of Warrendale, has accused the Greater Pennsylvania Regional District Council of Carpenters of publishing a "slanderous Web site" and other materials with malicious falsehoods, disparaging its work, according to documents in an amended complaint filed late last month in the Allegheny County Court of Common Pleas. The initial complaint was filed in January. (Pittsburgh Business Times, PA)
Woman Sues Victoria's Secret Over "Unsafe" Bra Apr 5, 2008
An amended complaint reflects that the wound was "3 inches x 1/4 inch deep, resulting in scarring," according to the latest version of the lawsuit filed Friday. The attorney, Nathan Hughey, said that the original depiction of the wound was a "scrivener's error," a legal term for a clerical error in a legal document. (WTKR.com, VA)
Amended complaint is filed Apr 5, 2008
PRINCETON Bureau County State s Attorney Patrick Herrmann has filed an 18-page amended complaint against the Bureau County Board on behalf of his client, Bureau County Clerk Kami Hieronymus. The amended complaint, filed Wednesday in Bureau County Court, follows the March 4 decision by Circuit Judge Joseph Hettle to allow the county board s motion to dismiss Hieronymus original complaint, filed in October 2007 ... In Wednesday s amended complaint, Herrmann presented about 16 pages of... (Princeton Bureau County Republican, IL)
Suit alleges Cellini decided hiring, firing at 2 agencies Mar 31, 2008
The allegations, which also include retaliation against Gnutek, largely are based on "information and belief" and the filing an amended complaint that still must be approved by a judge does not include documentation of Gnutek's claims. But Gnutek's lawyer, John A. Baker of Springfield, said Wednesday that further evidence will be filed. (Crain's Chicago Business)
No more notes for top judge's secretary Mar 29, 2008
"We had one person who wanted to amend the complaint to add $34 in damages. It cost far more than that to serve the other party with the amended complaint.". Aspinall, born and reared in Westfield, Mass. (Florida Times-Union)
Drug Companies on the Hook for Off-Label Use of Generic Mar 22, 2008
" Neurontin was approved to treat epilepsy in 1993 and neuralgia in 2002, Bernstein said. Pfizer, a Delaware corporation, and Warner-Lambert Co., a limited liability company, merged June 19, 2000, according to the defense's answer to the plaintiffs' amended complaint. Bernstein granted class certification last June. The class involves all people who purchased Neurontin and gabapentin between 1995 and the present for medical conditions other than adjunctive therapy for epilepsy and management of... (Law.com)
MedQuist Announces Entry Into Settlement Term Sheet Resolving South Broward Litigation Mar 15, 2008
On March 30, 2005, the action was transferred to the U.S. District Court District for the District of New Jersey and assigned Case No. 05-CV-2206-JBS- AMD. Plaintiffs filed a Third Amended Complaint on January 4, 2006. Under the settlement term sheet, the Company will pay $7,537,001. (PR Newswire)
Patent Attorneys Sue Cisco and Blogging In-House Lawyer for Defamation Mar 15, 2008
He says an amended complaint in ESN v. Cisco was filed on Oct. 16, 2007, simply to allow the plaintiff to attach a copy of the patent. Patton says Frenkel could have determined the suit was filed properly by calling the clerk's office, but instead the Cisco lawyer "just made the accusation" in the blog. (Law.com)
Boy awarded $1.25 million in medical malpractice suit Mar 15, 2008
She died the following day, according to the amended complaint. Williams was diagnosed with end-stage kidney disease, meaning her kidneys were no longer working, Day said. (Columbia Daily Herald, TN)
Councilman amends lawsuitGonnelli, wife allege further harassment following 2005 grievance Mar 8, 2008
The suit "raises additional events and claims" that were "continued with severe consequences for the plaintiffs after the filing of the complaint and amended complaint." The revised suit was filed in federal court on Feb. 8. Started three years ago. (Hoboken Reporter, NJ)
Motion allowed to dismiss Hieronymus' case Mar 6, 2008
However, Bureau County State s Attorney Patrick Herrmann, representing Hieronymus, plans to file an amended complaint within the court-allowed 21 days, which is March 25 ... After giving Herrmann 21 days to file his amended complaint, the judge then gave Smith 14 days to respond to the amended complaint, before setting the 10 a.m. April 15 status hearing for the amended complaint. (Princeton Bureau County Republican, IL)
Lawsuit over high propane prices adds Petoskey Propane as additional defendant Mar 5, 2008
Northern Michigan Search. Search Herald Times News Archives. (Gaylord Herald Times, MI)
National Renal Alliance files another complaint against Blue Cross and Blue Shield of Georgia Feb 20, 2008
The amended complaint, filed in federal court in Atlanta, detailed the "insurance company's manipulation of usual and customary charges to deny dialysis patients their out-of-network benefits," National Renal said in a statement ... Blue Cross, in an e-mail, said its position is unchanged by National Renal's amended complaint ... In the amended complaint, National Renal provides details of how "Blue Cross is continuing to market and sell Preferred Provider Organization, and Point of Service... (Atlanta Business Chronicle, GA)
Bilked Investor Balks at Paul Hastings' Deal Feb 16, 2008
After the September 2006 ruling on the motion to dismiss, Troutman lawyers filed an amended complaint listing only Hays, the receiver, as a plaintiff. Discovery in the case proceeded, and last November the parties filed their motion asking Pannell to approve a settlement. (Law.com)
BOE 'delighted, not surprised' by FOI ruling Feb 16, 2008
Mr. Lewin's final amended complaint, which he had filed with the commission March 6, 2007, focused on the way in which the Board of Education handled its discussion and decision to request the resignation of public school teacher Robert Bigham, who left the district on June 30, 2007. The complaint argued, among other items, that the agenda for the Feb. 13, 2007 school board meeting where disciplinary action against Mr. Bigham was discussed in executive session specified only that the board was... (New Milford Times, CT)
Judge Orders Mediation For Oracle, SAP Feb 16, 2008
Consequently, Oracle's plans to file an amended complaint will include these new claims against SAP.. Hellinger also confirmed that the two companies have not begun settlement negotiations. (CIO Information Network)
Oracle-SAP suit goes to mediation Feb 15, 2008
The company added that it is "gathering additional facts and analyzing the need to file an amended complaint that will encompass these new claims.". This story was updated on February 14, 2008. (InfoWorld)
EBay sellers face prosecution Feb 11, 2008
It sent Pletz a complaint in April and an amended complaint in December. The complaint says she could be fined 1,000 for each violation of the state law. (Corvallis Gazette Times, OR)
Surgeon still practicing despite plea deal Feb 8, 2008
Surgeon is still practicing despite plea deal - 02/07/2008 - MiamiHerald (The Miami Herald)
Oracle May Amend TomorrowNow Complaint Feb 6, 2008
Oracle in a filing last week said it might file an amended complaint alleging what its attorneys are calling "a broader program of copyright infringement" by SAP above and beyond the scope of allegations it has already against its archrival's TomorrowNow subsidiary ... "Now, Oracle asks the Court to delay the schedule and to increase the burden and expense of this case by expanding discovery, but only after waiting another 60 days to see just how long and how much. "This request should be... (SmallBusinessComputing)
Victim of dog attack sues county Animal Services Feb 4, 2008
Nancy Matthews, an equine veterinarian, is seeking unspecified damages from Animal Services, according to the amended complaint dated Feb. 1 ... Amended complaints are often allowed in cases against government to give plaintiffs a second chance, county counsel George Brewster said ... "It was a terrible situation, but the fundamental question is: Who should be responsible for the dogs' behavior?" said Brewster, who will have 30 days to review the amended complaint. (North County Times)
Florida State Attorney General Files Notice of Dismissal of Initial Action Jan 22, 2008
The attorney general's office could have simply filed an amended complaint to the initial action without the company's or the court's permission and could have done so without the issuance of a press release. . (Primezone Releases)
Suspect in 2006 shooting spree refuses plea deal Jan 17, 2008
After he declined, prosecutors filed an amended complaint charging him with aggravated murder, which, if he's convicted of, would result in life without possibility of patrol. The trial is scheduled for July. (WCAX.com, VT)
Lawyer Alleges Partner Told Her Not to Hire African-American Employees Jan 15, 2008
Sandra Perez Ard alleges in her first amended complaint in Ard v. Forman Perry Watkins Krutz , filed Jan. 7 in the U.S. District Court for the Southern District of Texas in Houston, that Deborah Newman stated that she did not want to be a "minority in [her] own firm." In her complaint, Ard identifies Newman as the managing partner of the Houston office of Jackson, Miss ... Ard, who was an attorney at Forman Perry from Jan. 2, 2003, until May 4, 2005, alleges in her amended complaint that she was... (Law.com)
Unpaid claims trail Alliance Title Jan 12, 2008
But according to a 45-page amended complaint filed in late 2005, those bills are small potatoes compared to the claims being made against Alliance's corporate parent in Los Angeles. Ticor and its co-plaintiffs charge that Mercury through its subsidiaries, including Alliance, engaged in a massive scheme that included both Hauptman and Harritt to raid Ticor of its top Los Angeles County executives and dozens of employees using what amounted to "commercial bribes" involving incentive compensation... (San Jose Business Journal, CA)
Justice Department Settles Housing Discrimination Case With Orange County, California Landlords Jan 5, 2008
The Department's amended complaint alleges that the defendants terminated the leases of Hispanic tenants to replace them with Vietnamese tenants, misrepresented the availability of units to non-Vietnamese prospective tenants, and made statements in connection with the rental of apartment units that expressed a preference, limitation, or discrimination based on national origin. "The Fair Housing Act protects people of every national origin from discrimination in housing," said Grace Chung Becker,... (PR Newswire)
Lawsuit In Sharon Keeping The Focus On Jackson Hill Jan 4, 2008
As part of his amended complaint, Mr. DePretis filed an objection to Christopher Clow's motion to dismiss the claims against him. Mr. Clow's motion to dismiss was based on his First Amendment right to petition the government. (Litchfield County Times, CT)
Former school boss asks court to review order Jan 3, 2008
Scoufos also alleges in the petition that Couch's due process rights were violated by the revocation of his teaching certificate "because no evidence was presented at the hearing bearing on his qualifications as a teacher. Petitioner further alleges that due process was violated by the revocation of his superintendent certificate in the absence of clear and convincing evidence that any of the six reporting irregularities state in the amended complaint constituted knowing and willful violations... (Sallisaw Sequoyah County Times, OK)
Former Maryland State Official Gets Job Back Jan 2, 2008
After his victory, he filed an amended complaint seeking to get his legal fees back. The Court of Special Appeals dismissed that complaint on Monday. (ABC 7 News, DC)
Lawsuit cites Stanislaus sheriff's officer Jan 1, 2008
An amount is to be named later in an amended complaint, according to the lawsuit. Christianson said Monday that he could not comment on the specifics of the lawsuit, but added that anyone can file a lawsuit. (Modesto Bee, CA)
District elections lawsuit is tossed out Dec 29, 2007
Sabatino and attorney Frank Carson have filed an amended complaint in the lawsuit to press the claim despite Judge Roger Beauchesne's decision to dismiss the lawsuit. Beauchesne on Thursday held that Sabatino "failed to state facts sufficient" to support his assertion that the Modesto City Council this fall sought to advance its political preferences with a push to inform voters about a two-part advisory measure that asked whether the city should adopt district elections. (Modesto Bee, CA)
more » Dec 28, 2007
The amount of Chan's share of the commissions was 7,000 to 8,000 per month, according to an amended complaint in that case. The more spinal surgeries that were performed, the more spinal products would be used, and the greater would be the commissions that Chan could split with the distributor, the complaint states. (Searcy Daily Citizen, AR)
Delaware Ruling May Let Plaintiffs Pierce Backdating Probes Dec 27, 2007
"I would be very surprised if this same issue did not come up in the Apple case very soon," said Molumphy, who filed an amended complaint in the Apple case last week. In the Maxim ruling, Chancellor William Chandler III of the Delaware Court of Chancery granted in part a motion to compel production from Maxim and Orrick. (Law.com)
