Court News 2011/09/21 23:44
Citing the U.S. Supreme Court's recent Walmart ruling, a federal appeals court set aside - but did not dismiss - a class-action suit by more than 700 women who accused discount retailer Costco of using an "old-boys' network" to bypass them for promotions.
A federal judge in San Francisco ruled in 2007 that the women had presented enough evidence of a "common culture" at Costco to proceed with a single nationwide suit against the company, rather than file individual claims.
The Ninth U.S. Circuit Court of Appeals overturned that decision Friday, relying in part on the Supreme Court's ruling in June dismissing a class action against Walmart by as many as 1.5 million female employees. The high court said the women had failed to show a company-wide policy that allegedly led to gender-based disparities in pay and promotions.
Likewise, the appeals court said, the Costco plaintiffs have not yet shown that they have enough in common to justify a class action.
The court said opposing expert witnesses disagreed about a central issue - whether the company promoted women less often than men in all regions or only a few - and said U.S. District Judge Marilyn Hall Patel should have resolved the dispute before letting the case proceed.
Press Release 2011/09/21 23:42
Levi & Korsinsky announces that a class action lawsuit has been commenced in the United States District Court for the Northern District of Texas Dallas Division on behalf of purchasers of Penson Worldwide, Inc. common stock from February 20, 2011 through August 4, 2011.
Prior to and during the Class Period, Penson derived a material part of its revenue and income from interest it received on margin loans to customers for which its customers pledged collateral in return for such loans.
The complaint alleges that during the class period, defendants issued materially false and misleading statements regarding and concealed from investors that, by at least the end of 2010, a) the Company had approximately $96-97 million in receivables ("Nonaccrual Receivables") of which approximately $43 million were collateralized by illiquid securities and therefore unlikely to be collected; b) the Company's Nonaccrual Receivables were materially overstated and should have been written down at least by the end of 2010; c) as a result, the Company's reported income and EBITDA were materially overstated; and d) the Company's financial statements were not prepared in accordance with generally accepted accounting principles (GAAP).
If you are a member of the class and suffered a loss in Penson stock, you have until October 24, 2011 to request that the Court appoint you as lead plaintiff. Your ability to share in any recovery is not affected by the decision whether or not to serve as a lead plaintiff. To obtain additional information about your rights, contact Joseph Levi, Esq. either via email at jlevi@zlk.com or by telephone at (877) 363-5972, or visit http://www.zlk.com/penson-worldwide-pnsn.html.
Levi & Korsinsky has expertise in prosecuting investor securities litigation and extensive experience in actions involving financial fraud and represents investors throughout the nation, concentrating its practice in securities and shareholder litigation. For more information, please feel free to contact any of the attorneys listed below. Attorney advertising. Prior results do not guarantee similar outcomes.
CONTACT: Levi & Korsinsky, LLPJoseph Levi, Esq.Eduard Korsinsky, Esq.
30 Broad Street - 15th Floor
New York, NY 10004
Tel: (212) 363-7500
Toll Free: (877) 363-5972
Fax: (212) 363-7171
www.zlk.com
Topics in Legal News 2011/09/21 23:41
National Mesothelioma Awareness Day 2011 carries special meaning for New York-based Weitz & Luxenberg, P.C., one of the nation's leading personal injury law firms, because so many of its clients are mesothelioma victims on whose behalf hundreds of millions of dollars in verdicts and settlements have been won.
Arthur Luxenberg, founding partner of Weitz & Luxenberg, explains that mesothelioma is a relatively rare form of cancer that strikes as many as 3,000 Americans each year.
"A common cause of mesothelioma is asbestos exposure," he says. "Victims tend to be electricians, plumbers, armed forces veterans -- anyone who worked with or around asbestos. The condition develops decades after exposure, but the disease can prove fatal within a year of diagnosis. At present, there is no cure. And to make matters worse, family members also often fall prey to mesothelioma as a result of secondary exposure to asbestos fibers carried into the home by the primary victim."
Weitz & Luxenberg has been able to play a pivotal role in the ongoing effort to compensate mesothelioma victims thanks to its extensive experience and vast resources.
"Mesothelioma awareness is an extremely serious issue, and we at Weitz & Luxenberg are grateful for the opportunity National Mesothalioma Awerness Day 2011 affords us to inform people about it, to build broader partnerships that hopefully can deliver more help to victims," says Luxenberg.
The disease -- which affects internal organs by attacking surrounding membranes -- receives less attention than it deserves, health advocates insist. Their raised voices helped convince Congress to acknowledge the problem of mesothelioma by proclaiming Sept. 26, 2011 National Mesothelioma Awareness Day.
About Weitz & Luxenberg
Founded in 1986 by attorneys Perry Weitz and Arthur Luxenberg, Weitz & Luxenberg, P.C., today ranks among the nation's leading law firms. It specializes in multiple litigation fields including: mesothelioma; defective medicine and devices; environmental pollutants; accidents; personal injury; and medical malpractice. Weitz & Luxenberg offers free legal consultation to injured parties by calling 1-800-476-6070 or by emailing clientrelations@weitzlux.com. More information is available at www.weitzlux.com
Court Watch 2011/09/21 13:43
An alleged rogue trader accused of losing Swiss banking giant UBS about $2.3 billion is "sorry beyond words," his lawyer said Thursday, as a judge ordered him to be held in jail until a hearing next month.
Kweku Adoboli, 31, is charged with four offenses of fraud and false accounting dating back to 2008 and accused of racking up losses in authorized trades. His arrest a week ago has heaped pressure on UBS Chief Executive Oswald Gruebel and stoked speculation that the bank could get rid of its investment banking operations.
At a court hearing in London, prosecuting lawyer David Levy added a new fraud offense to the three previous charges laid against Adoboli, and confirmed that authorities had revised upward the amount allegedly gambled away by the trader to around $2.3 billion. A previous hearing was told the trader was accused of losing $2 billion.
Patrick Gibbs, defending Adoboli, said his client ? who wore a gray suit, white shirt and dark blue tie ? was truly sorry for his actions.
"He is sorry beyond words for what has happened here, he went to UBS and told them what he had done, and stands now appalled at the scale of the consequences of his disastrous miscalculations," Gibbs said.
Adoboli, who appeared confident and nodded in acknowledgment to a handful of supporters attending the hearing, spoke only to confirm his name, birth date and address. He did not enter any pleas to the charges.