Class action settlement numbers, average value fall: Analysis

Topics in Legal News 2011/03/10 12:55   Bookmark and Share

The number of court-approved securities class action settlements declined in 2010, sinking to the lowest number in more than 10 years, Cornerstone Research Inc. said in an annual report released Thursday.

There were 86 court-approved settlements during 2010, a 15% decline from 2009. Since 2001, the number of cases settled peaked at 119 during 2005, according to “Securities Class Action Settlements 2010 Review and Analysis.”

Cornerstone also found that the dollar value of all 2010 settlements dropped to $3.1 billion, down 17% from 2009.

The decline likely won’t continue, however, and a difficult economy may have helped reduce the number of approved settlements in 2010, Cornerstone said.

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Judge denies class action status in lawsuit

Court News 2011/03/10 12:55   Bookmark and Share

A federal judge has refused to expand a lawsuit beyond the seven people who are suing a South Dakota urology clinic and its owners.

The plaintiffs sought to make it a class action suit representing more than 6,000 patients.

The lawsuit against Siouxland Urology Center in Dakota Dunes and doctors alleges that the former patients could have been exposed to blood-borne infections because medical equipment that was intended for single-patient use was reused at the clinic.

U.S. District Judge Karen Schreier ruled that the complaint did not meet all the requirements for class action status.

The plaintiffs, identified as Iowa residents, seek more than $5 million on allegations that include negligence, medical malpractice, and emotional distress.


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Scott+Scott LLP Announces Class Action Lawsuit

Press Release 2011/02/25 09:30   Bookmark and Share

Scott+Scott LLP filed a class action complaint against Oilsands Quest Inc. ("Oilsands Quest" or the "Company") (AMEX:BQI) and certain of the Company's officers in the U.S. District Court for the Southern District of New York. The action for violations of the Securities Exchange Act of 1934 is brought on behalf of those purchasing the common stock and other publicly-traded securities of Oilsands Quest between August 14, 2006 and July 14, 2009, inclusive (the "Class Period"), including Oilsands Quest's "Exchangeable Shares" offered as consideration for the minority interest in OQI Sask on August 14, 2006; Oilsands Quest's "units" first publicly offered on December 5, 2007 at $5.00 per unit; Oilsands Quest common stock shares publicly offered on December 5, 2007 on a flow-through basis at $6.11 ($6.17 CDN) per share; and Oilsands Quest's "units" first publicly offered on May 1, 2009 at $0.85 per unit.

If you purchased Oilsands Quest common stock or other Oilsands Quest securities during the Class Period and wish to serve as a lead plaintiff in the action, you must move the Court no later than 60 days from today. Any member of the investor class may move the Court to serve as lead plaintiff through counsel of its choice, or may choose to do nothing and remain an absent class member. If you wish to discuss this action or have questions concerning this notice or your rights, please contact Scott+Scott (800) 404-7770, (860) 537-5537 or visit the Scott+Scott website, http://www.scott-scott.com for more information. There is no cost or fee to you.

The complaint filed in the action charges that, during the Class Period, Oilsands Quest and certain of its officers and directors overstated the value of the Company's assets by more than $136 million in violation of Generally Accepted Accounting Practices ("GAAP").

As alleged in the complaint, on August 14, 2006, Oilsands Quest acquired the minority interest in its operating subsidiary, OQI Sask, that the Company did not already own. The Complaint alleges that Oilsands Quest's Class Period financial reports and statements issued thereafter were false and misleading in that: (a) defendants failed to properly account for Oilsands Quest's acquisition of the minority interest of OQI Sask in August 2006, materially overstating the value of OQI Sask throughout the Class Period; (b) Oilsands Quest's financial statements overstated the value of the Company's interest in OQI Sask and were presented in violation of GAAP throughout the Class Period; and (c) contrary to defendants' Class Period assurances, the Company's internal controls were inadequate to prevent it from improperly inflating the value of its assets.

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Human trafficking suspect due in court in Michigan

Court Watch 2011/02/25 09:30   Bookmark and Share

A former fugitive is due in federal court in Detroit to face charges he was a member of a violent ring that lured Eastern European women to the United States and forced them to become strippers.

The U.S. attorney's office says Veniamin Gonikman, a naturalized U.S. citizen born in Ukraine, was due in court Friday afternoon. He consented to the transfer from New York last month.

Court papers claim Gonikman was using a fake Russian passport while living in Ukraine. Officials there arrested him on Jan. 26 and ordered his deportation.

The Associated Press reported on the case involving Gonikman last year in a lengthy investigation of the exploitation of a U.S. cultural exchange program that provides foreign college students temporary visas to live and work in the United States.



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Lawyer seeks to stop Ky. from using execution drug

Headline Legal News 2011/02/25 09:29   Bookmark and Share

Kentucky appears to have violated a judge's order stopping all executions and preventing the state from taking any action to carry out a lethal injection by purchasing a key drug used in the process, an attorney for several death row inmates said Thursday.

Public defender David Barron wants to bar the state from ever using the 18 grams of sodium thiopental the state acquired this month.

Despite a national shortage of sodium thiopental, Kentucky bought enough of the fast-acting narcotic from a Georgia company to carry out three lethal injections. The packaging indicated the drug was made by Sandoz International GmbH, a European generics company, Kentucky Justice and Public Safety Cabinet spokeswoman Jennifer Brislin said. The packaging had an expiration date of May 2014.

In two filings in Franklin Circuit Court, Barron said that by even purchasing the drug, Kentucky violated the injunction handed down in September by Judge Phillip Shepherd. The Kentucky Supreme Court is reviewing a judge's order in one case regarding the state's lethal injection procedures and has halted all executions in the interim.


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US high court says Nevada can ban brothel ads

Court Watch 2011/02/24 09:30   Bookmark and Share
The Supreme Court is refusing to invalidate Nevada laws banning newspaper advertisements that identify places where prostitution is legal.

The court refused to hear on Tuesday an appeal from two newspaper companies, the American Civil Liberties Union and a Nye County brothel called the Shady Lady Ranch.

Laws went into effect in Nevada in 1979 that prohibited brothel advertising in counties where prostitution is illegal. Prostitution is illegal in five counties, which include Las Vegas and Reno, and 10 Nevada counties authorize prostitution by local ordinance.

A federal judge said the laws were overly broad and unconstitutional, but the judgment was overturned by the 9th U.S. Circuit Court of Appeals. The Supreme Court upheld that ruling.

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