Vivendi To Cut US Class Action Provision

Court News 2011/02/20 09:31   Bookmark and Share

Vivendi SA said Wednesday it will significantly reduce the EUR550 million provision it had made to cover potential damages for a U.S. class action case after a U.S. judge narrowed the size of the class.

The Paris-based company's potential liabilities have been slashed by 80% in light of the court victory, which will free up more cash as the group prepares to buy out Vodafone PLC's minority stake in telecoms operator SFR.

Vivendi made the provision in its 2009 accounts to cover any eventual payout after a jury in January last year found the company liable for 57 misstatements about its financial condition in the two years leading up to its near bankruptcy in 2002.

The damages arising from the ruling in January 2010, which was based on a class involving shareholders outside the U.S., could have totaled more than $9 billion, according to lawyers for the shareholders, although Vivendi's lawyer Herve Pisani rejected the sum as "unfounded."

The ruling Tuesday by U.S. District Judge Richard Holwell that shareholders who bought Vivendi shares outside the U.S. are barred from bringing fraud claims against the company in the U.S., considerably narrowed the overall size of the potential class.

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Judge strikes down NC ban on public profanity

Court News 2011/01/09 22:59   Bookmark and Share

A North Carolina judge has struck down a 98-year-old state ban on public profanity.

Superior Court Judge Allen Baddour dismissed a misdemeanor charge against Chapel Hill resident Samantha Elabanjo on Wednesday. She had been convicted in July of using the word "damn" during a confrontation with police officers.

Baddour ruled the law against indecent or profane language within earshot of two or more people on any public road in North Carolina was unconstitutionally vague.

The case started Feb. 15 when Elabanjo stepped into the road as a police cruiser drove by. The two officers asked her to get back on the sidewalk. She did, but said: "You need to clean up your damn, dirty car" while still in the road. She then called the officers a vulgar name and she was arrested.


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Ex-health care exec. to plead guilty to wire fraud

Court News 2010/09/08 09:40   Bookmark and Share
A former executive of the bankrupt health care company Canopy Financial Inc. has agreed to plead guilty in an alleged multimillion-dollar fraud.

Court documents released Wednesday say former chief technology officer Anthony Banas will plead guilty to wire fraud.

Chicago-based Canopy was known as one of the nation's fastest growing businesses before its 2009 bankruptcy. Many clients relied on it to pay medical bills.

Banas and former chief operating officer, Jeremy Blackburn, have been charged with wire fraud, which carries a maximum 20-year prison sentence.

Banas' agreement says he participated in transferring $60 million of investor funds and misappropriating $18 million in health care savings accounts.

Messages left for defense attorneys weren't immediately returned.

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Utah court rejects appeal from polygamous sect

Court News 2010/08/30 03:01   Bookmark and Share

Utah's Supreme Court has rejected a petition from members of a southern Utah-based polygamous sect seeking a reversal of changes made to its communal land trust.

In a ruling issued Friday, justices say members of the Fundamentalist Church of Jesus Christ of Latter Day Saints waited too long to challenge the state's intervention in the United Effort Plan Trust.

Valued at $110 million, the trust holds the property in Hildale, Utah and Colorado City, Ariz., the twin border towns where most church members live.

Utah seized the trust in 2005 after allegations of mismanagement by church leaders. A court-appointed accountant has since converted the trust into a secular entity.

FLDS members consider state control of the UEP a violation of their religious rights.

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NY man gets 19 years to life in wife's poisoning

Court News 2010/07/20 08:51   Bookmark and Share
A New York man who admitted killing his wife by lacing her coffee with cyanide has been sentenced to 19 years to life in prison.

David Steeves of Center Moriches pleaded guilty in June to second-degree murder in the death of 41-year-old Maureen Steeves.

An autopsy found the woman was killed by potassium cyanide poisoning. Prosecutors say her husband had laced her coffee with the lethal substance.

Defense attorney Craig McElwee said the 45-year-old Steeves bought the cyanide to kill himself but "chickened out" and gave it to his wife instead.

Steeves pleaded guilty after prosecutors assured him that his sons would not be in court for the sentencing. The boys, ages 17 and 15, wrote letters to the judge, saying their father deserved no mercy.

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Bankruptcy judge approves Visteon disclosure plan

Court News 2010/06/28 08:59   Bookmark and Share

A Delaware bankruptcy court judge on Friday cleared the way for auto parts supplier Visteon Corp. to begin soliciting votes on its proposed reorganization plan, which would leave unsecured bond holders in control of the company.

Overruling objections from certain shareholders and holders of unsecured trade claims, Judge Christopher Sontchi approved documents describing Visteon's proposed reorganization plan and the process for creditors to vote on it.

Creditors will have until July 30 to vote on the plan, and Sontchi scheduled a plan confirmation trial to begin Sept. 28.

The shareholders could receive nothing under Visteon's plan, and the trade creditors would get no more than 50 cents on the dollar for their claims, which total about $48 million. Their attorneys argued that the disclosure statement outlining Visteon's plan did not contain enough information on the company's valuation, and that the plan itself was unconfirmable because of how it treats various creditor groups.

Attorneys for Visteon argued that the objections to the disclosure statement were without merit, or that they should be addressed at what promises to be a contentious plan confirmation trial stretching over two weeks.

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