Notice of Filing A Securities Class Action Lawsuit Against Penn National Gaming, Inc. Sep 11, 2008
Upon information and belief, without any disclosure to the public, Penn was negotiating complicated bilateral agreements for months with the banks, acquiring firms, attorneys and management committees to cancel the proposed merger agreement and negotiating the payment of a termination fee and loans from the banks ... Upon information and belief, sometime in the Spring of 2008, the family members and other associated with insiders began selling Penn's stock. (PR Newswire)
Sallisaw man answers suit, files counterclaim Sep 5, 2008
"On information and belief, prior to the transaction, Jiles placed fictional debts on these facilities, utilized non-recourse loans insured by the HUD to repay the fictional debt and in the process simply and unlawfully pocketed HUD loan proceeds," Martin's counterclaim alleges. "Because of the proceeds from such loans were not utilized by Jiles for the subject entities or nursing home facilities, Martin has been forced to incur hundreds of thousands of dollars of debt merely to continue the... (Sallisaw Sequoyah County Times, OK)
Psystar: Apple Is a Monopoly Aug 30, 2008
"On information and belief Psystar alleges that but for the exclusionary conduct of Apple and other conduct amounting to unfair competition, as set forth in greater detail herein, and as exemplified by the activities of Psystar, a third-party could and would assemble the hardware components capable of running the Mac OS.". " That but for the anticompetitive conduct of Apple as outlined herein, Apple-Labeled Computer Hardware Systems would otherwise be a competing member of the otherwise diverse... (PC Magazine)
After winning S.C. State job back, official suing for $3 mil Jul 26, 2008
"Upon information and belief, Smalls and Samuels had personal and financial connections with these vendors which were known to the plaintiff (Johnson) and others," the suit said. Through the suit, Johnson said he told university officials and others that Enviro AgScience and Sodexho used "what he perceived to be wasteful and extravagant practices." He also told people that the two companies were overcharging the university, in addition to neglecting serious maintenance needs and creating safety... (Orangeburg Times and Democrat, SC)
Stop & Shop: Whole Foods stole slogan Jul 25, 2008
"Whole Foods has developed a reputation for offering high-priced products," the suit says, "and, as Whole Foods has acknowledged, is often referred to by consumers as 'Whole Paycheck.' Upon information and belief, on July 17, 2008, Whole Foods launched a new marketing campaign aimed at combating its high-priced image.". Stop & Shop alleges Whole Foods improperly used its Real Deal slogan and that Real Steal is virtually identical, making it "likely to cause confusion, to cause mistake and to... (Boston Globe)
Attorney: Cowin ignored complaints about Ariaz Jul 7, 2008
This is what an attorney that is suing Brownwood claims. This is classic Brownwood journalism where your automatically guilty unless proven innocent. (Brownwood Bulletin, TX)
Banker Detained in Dubai Claims in Suit That He Was Tortured Jun 20, 2008
Afterward, Usmani "was taken to his home in Dubai where more than one dozen men, all believed to be members of Dubai's secret police (Amn Al Dawla) ransacked his home and, upon information and belief, physically assaulted at least one minor child," the suit said. Usmani has been in custody ever since. (Law.com)
Amelot Holdings, Inc. Continues Legal Collection Activity Against Fitzsimmons Systems Inc. and Lowell 'Todd' Fitzsimmons for An Amount of Not Less Than $1,212,500.00 Jun 5, 2008
Per the complaint filed, ``Upon information and belief, Fitzsimmons never performed any work on the processor. Amelot has yet to receive delivery, and the company is demanding judgment against the defendants for an amount not less than $1,212,500. (Primezone Releases)
Affidavit Alleges Sexual Abuse In Catholic Schools May 3, 2008
Plaintiff alleges on information and belief that other students were also sexually abused and exploited by Br ... Plaintiff alleges on information and belief that other students were also sexually abused and exploited by Br. (KFOXTV.com, TX)
Aloha Pilots Seek Court Injunction Apr 19, 2008
In these circumstances, those contractual provisions mandate that the purchaser of Aloha's Air Cargo Division and/or other flight operations offer employment to pilots from the Aloha Airlines, Inc. System Seniority List in seniority order and otherwise abide by the CBA. E. Failure to Make Retirement Plan Contributions and Maintain Benefits: Upon information and belief, the Company has failed to make Retirement Plan contributions and has failed to maintain benefits as follows, including for... (PR Newswire)
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)
Former '90210' star sues filmmakers for injury Mar 8, 2008
"Defendants promised, among other things, to abide by certain industry wide safety guidelines and rules for the production of the Picture. On information and belief, at the time Defendants made such a promise they had no intent of honoring it," her suit reads. Carteris is suing for medical expenses, loss of earnings and various damages. (MSNBC -- News)
Arena board avoids drinking problems Mar 2, 2008
Information and belief, as they say in criminal indictments. If there's one thing governments and their agencies are consistent about, other than decreasing your purchasing power and increasing theirs, it's secrecy. (The Augusta Chronicle)
Controversial Texas DA Resigns, Saying Prescription Drugs Impaired His Judgment Feb 16, 2008
"Upon information and belief, from 2001 to 2007, Mr. Rosenthal drinks at the office while performing his duties and may be intoxicated when making his decisions as district attorney. If Mr. Rosenthal is alleging as a defense for his acts of perjury that he was intoxicated, then he should be removed from office," Ibarra alleges in the petition. Ibarra and his brother Shawn are plaintiffs in Ibarra, the civil rights suit pending in U.S. District Judge Kenneth Hoyt's court. (Law.com)
Lawsuit accuses director of fraud Feb 14, 2008
MC Squared got the job, even though "upon information and belief," the Florida company also submitted only six copies, the suit says. Paperwork requirements, supporting documents, financial statements and other attachments are required of bidders under the "materiality provision" of city code. (The Augusta Chronicle)
ECC Capital Corporation Files Certificate of Notice Regarding Reduced Shareholder Ownership Limit Jan 9, 2008
SECOND: The undersigned officer acknowledges this Certificate of Notice to be the corporate act of the Corporation and as to all matters or facts required to be verified under oath, the undersigned officer acknowledges that to the best of his knowledge, information and belief, these matters and facts are true in all material respects and that this statement is made under the penalties for perjury. AT THE COMPANY: Roque A. Santi President and Chief Financial Officer (949) 955-8730. (PR Newswire)
Patterson: Wheres the money? Nov 1, 2007
"Upon information and belief, the recall committee has violated (statute) by failing to disclose contributions received and expenditures made from July 12, 2007, through the present, and by failing to timely file its October report," the letter of complaint alleged. Patterson said he suspects the committee has been spending money on recall efforts, including for petition circulators, who, according to Head's Sept. 7 testimony during the protest hearing, were paid. (Montrose Daily Press, CO)
More of this story Oct 25, 2007
"Upon information and belief, the 1933 fire, hurricanes, excavation and construction work, as well as the day-to-day operations of the tank farm caused or contributed to the contamination in the Bay Street area as alleged by plaintiffs," the suit claims. Inland Fuel bought the tank farm in 1995 and tanks there and trucks that have hauled the fuel to and from the area have contributed to the contamination in the area, the suit alleges. (Newport Daily News, RI)
Federal Circuit: Legal-Mal Suits With Patent Infringement Elements Belong in Federal Court Oct 20, 2007
"The plaintiffs allege, on information and belief, the assets transferred included tangible and intangible assets, artwork, furniture and furnishings, accounts receivable, intellectual property including computer programs, computers and other equipment, stock or option(s) to purchase stock, phone numbers and facsimile numbers and rights in and to the name "Matthews,'" the plaintiffs allege in the petition. In AMT v. Cox Smith Matthews, AMT and North-South seek to void and cancel the transfer of... (Law.com)
SafeMedia Corporation To Install Anti-Piracy Business Solution Clouseau On FL. Atlantic U. Campus; One ISP & Seven Other Campuses To Start Pilot Oct 4, 2007
The lawsuit against AOL is based on information and belief that, AOL failed to use its controls to prevent illegal downloading (from Contaminated P2P networks) of copyrighted music, even though it had the information, superior knowledge, ability, skill, techniques, tools, power and authority to prevent such downloading. "We believe universities and campuses across the country are trying to end piracy on campus," said Fahmy. (Yahoo News -- Press Releases)
Showshoe property owners files sewer complaint Oct 3, 2007
The existing Snowshoe sewage system has employees and assets to address the various problems with the current sewer system, the complaint contends, while the Pocahontas PSD has no experience in this field, has no demonstrated assets, and upon information and belief, only one employee. . (Charleston Gazette, WV -- Business)
Wall Street Salaries Come Into Focus in UBS Lawsuit Sep 18, 2007
Additionally, all of Mr. Jester's direct reports except one received stock option awards, which upon information and belief were valued at approximately $100,000 ... And then, the unkindest cut of all: ``Upon information and belief, these new, younger hires were compensated with multiples of what Mr. Jester earned in his best year at UBS,'' says the lawsuit. (Bloomberg -- Columnists)
City company's troubles on I-84 inspire stricter DOT procedure Aug 15, 2007
"During the recent [transportation] hearings, everyone was shocked to learn we had no certification procedure at all." Under the policy, consultants and designers will be required to sign a "certificate of compliance," stating that, to the best of their "knowledge, information and belief," the work they have performed is in compliance with contract terms or the approved plans and specifications of the project. The policies will take effect Oct. 1. (New Britain Herald, CT)
• New Rules Called `Baby Steps' Aug 14, 2007
Rell said Monday that, under the new regulations, transportation consultants and designers will be required to sign a "certificate of compliance" stating that to the best of their "knowledge, information and belief," the work they have performed is in compliance with contract terms or the approved plans and specifications of the project. State transportation commissioner Ralph J. Carpenter endorsed the new regulations announced by Rell: "These initiatives underscore my commitment to tightening... (FOX61, CT)
Pa. Federal Judge Certifies Classes and Refuses to Dismiss Large Antitrust Action Aug 9, 2007
The plaintiffs in Twombly, Diamond noted, alleged only that "upon information and belief" the defendants -- the "Baby Bell" companies created after the 1984 breakup of ATad conspired not to compete against one another and to prevent new communications companies from entering their local telephone and high-speed Internet services markets. The justices found the claim fell short, Diamond said, because the plaintiffs did not make "any independent allegation of actual agreement" among the... (Law.com)
Full Story » Jul 31, 2007
The legal complaint said n information and belief that the new theater will be the nly remaining theater within Boulder, and that such a theater could draw as many as 1. 4 million paying patrons annually. (Boulder Colorado Daily, CO)
DirecTV Cites Comcast Media Center in False-Advertising Suit Jul 29, 2007
On information and belief, Comcast Media Center furnished the instruments by which Comcast conducted the inadequate survey and thereby knowingly participated in the creation, development and propagation of Comcast s false and misleading advertising campaign, the amended complaint said. Comcast in June filed an answer to DirecTV s original suit, denying the direct-broadcast satellite provider s charges. (Multichannel News)
Petition seeks Humane Society’s legal status ... Mayor presents odor concerns ... Deputies participate in Internet sex sting ... Tractor pull starts tonight ... ';var marqueewidth="350px";var marqueeheight="20px";var marqueebgcolor="#FFFFFF";////NO NEED TO EDIT BELOW THIS LINE////////////var pauseit=1;var marqueespeed=1 //slow speed down by 1 for NSvar copyspeed=marqueespeedvar pausespeed=(pauseit==0)? copyspeed: 0var iedom=document.all||document.getElementByIdif (iedom)document.write(''+marqueecontent+'')var actualwidth=''var cross_marquee, ns_marqueefunction populate(){if (iedom){cross_marquee=document.getElementById? document.getElementById("iemarquee") : document.all.iemarqueecross_marquee.style.left=parseInt(marqueewidth)+8+"px"cross_marquee.innerHTML=marqueecontentactualwidth=document.all? temp.offsetWidth : document.getElementById("temp").offsetWidth}else if (document.layers){ns_marquee=document.ns_marquee.document.ns_marquee2ns_marquee.left=parseInt(marqueewidth)+8ns_marquee.document.write(marqueecontent)ns_marquee.document.close()actualwidth=ns_marquee.document.width}lefttime=setInterval("scrollmarquee()",20)}window.onload=populate;function scrollmarquee(){if (iedom){if (parseInt(cross_marquee.style.left)>(actualwidth*(-1)+8))cross_marquee.style.left=parseInt(cross_marquee.style.left)-copyspeed+"px"elsecross_marquee.style.left=parseInt(marqueewidth)+8+"px"}else if (document.layers){if (ns_marquee.left>(actualwidth*(-1)+8))ns_marquee.left-=copyspeedelsens_marquee.left=parseInt(marqueewidth)+8}}if (iedom||document.layers){with (document){document.write('')if (iedom){write('')write('')write('')write('')}else if (document.layers){write('')write('')write('')}document.write('')}}Friday, July 27, 2007 Petition seeks Humane Society’s legal status Jul 28, 2007
"On information and belief, the Humane Society no longer is a tax exempt organization," court papers state. "As such, and pursuant to Article IV, the trust is prohibited from furnishing any funds or making distribution to an organization, which is not tax exempt.". (Carthage Press, MO)
Miner injured at Sago sues ICG Jul 11, 2007
Upon information and belief, defendants knowingly, deliberately, intentionally and/or negligently failed to conduct a pre-shift examination prior to the start of work by the evening shift on August 10, 2005, the suit alleges. In addition, the defendants failed to follow or amend the roof control plan to match the mines conditions, which included large stones, pieces of slate, and quantities of earth hang[ing] loosely from the side and roof where Mitchell was working, the suit maintains. (Charleston Gazette, WV -- News)
Craven files appeal on 4 warrant items May 25, 2007
"Mr. Craven is, in my information and belief, well aware that I do not agree with his legal opinion issued on May 4, 2007, and as such he is not representing my interests or position in the above captioned matter now before the Supreme Court," Allen stated in her affidavit. "Nor in the matter recently heard in Superior Court he did not confer with me, at any time about his intent to file such an appeal with the Supreme Court." (May 4 was the day Craven gave his legal opinion the warrant items... (Chariho Times, RI)
Entegris Responds to Pall Suit May 9, 2007
Pall's action, which relates only to the U.S., asserts that ``on information and belief'' the Entegris Impact 2 and Impact Plus point-of-use photoresist filters infringe a patent issued to Pall on March 27, 2007 as well as three older patents. These products have been successful in the marketplace for a number of years and are covered by four U.S. patents held by Entegris. (Primezone Releases)
Judge unseals Scrushy documents May 5, 2007
2007 11:10PM Published: May 05. You must fill in all fields. (Shoals TimesDaily)
BU sued for allegedly causing 2005 death May 4, 2007
The complaint states, "Upon information and belief, the defendants BU, Harvard, Harvard Beacon Yards, and/or CSX, and potentially other of the defendants, owned and/or maintained the dilapidated chain-link fence and/or the land on which the fence was located, and/or had responsibility for maintaining the fence.". Although BU said in 2005 it is not responsible for maintenance of the fence, it hired a contractor to repair it seven months after the accident. (Boston University Daily Free Press, MA)
Another wrench in Cordaro campaign? May 2, 2007
Cordaro) completed his statement of financial interests to the best of his knowledge, information and belief, the court wrote. Under state law, failure to file a statement in accordance with the statutory provisions is a fatal defect to a ballot petition. (Scranton Times, PA)
/C O R R E C T I O N -- Robert Gold, Attorney for Richard E. Snyder/ Apr 24, 2007
"To date, Bronfman Jr. has refused to honor his commitment to give Snyder his 'fair and equitable' share of the enormous financial success of their joint efforts, despite the fact that, upon information and belief, Bronfman Jr. realized a profit in excess of $500 million. This lawsuit, advancing claims based on unjust enrichment, promissory estoppel, and quantum meruit, is brought to compel that payment.". Source: Robert Gold, Attorney for Richard E. Snyder. (Yahoo! Wire -- Entertainment News)
"Fresh start" for agent relationships as HMRC paves the way for interventions Apr 13, 2007
"I would counsel against any euphoria here. .Under the new regime if the HMRC officer THINKS that your client has submitted an SA return that contains an inaccuracy which amounts to or leads to an understated tax liability etc and that the inaccuracy was careless or deliberate then a penalty IS PAYABLE.The guidance notes for the new legislation (both in respect of penalties and the proposed new Taxes Management Act) state that the concept of HMRC "thinking" that there has been an innaccuracy in... (Accounting Web, UK)
Lawsuit Alleges That California Firm Engages in Longstanding Scheme to Defraud Seniors Out of Hundreds of Millions of Dollars in Life Insurance Coverage; Mar 15, 2007
On information and belief, he received a commission on this transaction and shared that commission with defendant Jacobson ... On information and belief, MCC knew that the premium payment was not due and owing before the maturity date and made the additional premium payment in order to increase the amount due and manufacture an alleged default on behalf of the Trust. (PR Newswire)
Ex-SCSU VP makes claims of wrongdoing; University says lawsuit lacks merit Mar 14, 2007
English also claims that Hugine in 2006 deliberately concealed a relationship with a lobbyist to prevent the SCSU Board of Trustees and the general public from becoming aware of this affiliation which, upon information and belief, was established to influence the outcome of an April 2006 trustee race. . (Orangeburg Times and Democrat, SC)
Union loses first round in imposed contract battle Mar 9, 2007
He said the affidavits, in order to comport with the law, must be made on personal knowledge (not information and belief), be particular and demonstrate that the filer be willing to testify. Shoudy said the teachers who submitted affidavits stated their claims based on information and belief because they did not receive until Feb. 27 memos indicating exact amounts of their pay reductions. (Houghton Lake Resorter, MI)
Zi Corporation and Marty Steinberg, Receiver for the Lancer Funds, Enter Into Settlement Agreement Feb 24, 2007
Upon information and belief, the Receiver has control or direction over an aggregate 18,718,000 common shares of the Issuer ("Common Shares")which, upon further information and belief, represents approximately 40. 1% of a total of 46,688,624 Common Shares issued and outstanding as of November 20, 2006 as disclosed in the Management Information Circular prepared by the Issuer in connection with its annual meeting of shareholders on December 22, 2006. (CCNMatthews Press Releases)
Another Mass. franchisee sues Coverall Feb 16, 2007
"Upon information and belief, Coverall targets individuals with limited fluency in English because they are easily victimized by Coverall's misrepresentations and other systemic legal violations," Liss-Riordan alleged in Awuah's complaint. "Even the workers who do speak English often cannot understand the highly technical and confusing language in the form franchise agreement.". (Boston Globe)
Two retired players sue union in licensing dispute Feb 16, 2007
Defendant has not, on information and belief, distributed revenues to plaintiffs that should have been distributed. "The suit also demands that the National Football League Players Inc., as the union's licensing arm is known, open more of its books to players.Gene Upshaw, the union's executive director, called the lawsuit "baseless. (ESPN -- Football)
Attorney challenges plan because arbiter still is defendant in civil-rights case Feb 12, 2007
And, she has alleged, the judge has held ex parte meetings with the FBI. "Upon information and belief, after having thoroughly reviewed and confirmed Rosine's allegations about Husband's ties with terrorism, the FBI coerced Husband to work for the FBI as an informant," the wife's affidavit alleges. Related special offers. (WorldNetDaily)
Divorce case links husband to threats against sons, terror groups Jan 25, 2007
"Upon information and belief, after having thoroughly reviewed and confirmed Rosine's allegations about Husband's ties with terrorism, the FBI coerced Husband to work for the FBI as an informant," the filing says. The state judge also rejected Klayman's request to represent Mrs. Ghawji in her divorce case, even though the judge had ordered the wife's previous lawyer off the case just days before the divorce trial was to begin, and then refused to delay it. (WorldNetDaily)
The standards are clear: No tax on Indian lands Jan 24, 2007
"Upon information and belief, absent a specific congressional grant of authority, which has not been made, New York lacks general civil and regulatory jurisdiction over Indian tribes and reservations located in this state.". Legislative history leaves no doubt Congress and New York both recognized the state's total lack of power to apply its tax laws on Indian reservations. (Buffalo News -- Opinion)
