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Court lets telemarketers be sued in federal court
Legal Focuses |
2012/01/18 18:10
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The Supreme Court is keeping telemarketers and other businesses on the hook for nuisance phone calls, letting those annoyed by the disruptions sue in federal as well as state courts.
The high court's decision Wednesday involves a lawsuit claiming a debt collector harassed a man with repeated recorded calls.
Marcus Mims of Fort Lauderdale, Fla., said he kept getting the calls from Arrow Financial Services LLC, which was trying to collect a student loan debt for Sallie Mae. He sued for violations of the Telephone Consumer Protection Act, passed by Congress to ban invasive telemarketing practices.
Mims' lawsuit was thrown out by the 11th U.S. Circuit Court of Appeals, which said that Congress did not explicitly give permission for federal lawsuits in the Telephone Consumer Protection Act, although the law does say people can file in state courts. Other federal courts ruled differently and let lawsuits move forward.
The high court said in a unanimous opinion that federal lawsuits are allowed under the law. |
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The Law Firm of Levi & Korsinsky, LLP Launches an Investigation
Legal Focuses |
2012/01/17 20:37
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Levi & Korsinsky is investigating potential claims on behalf of purchasers of Integra LifeSciences Holdings Corporation securities concerning possible violations of federal securities laws.
On January 5, 2012, Integra LifeSciences announced that it received a warning letter from the United States Food and Drug Administration related to quality systems and compliance issues found at its collagen manufacturing facility located in Plainsboro, New Jersey in August 2011. The Company also announced it expects total revenues in the fourth quarter to be approximately 3% below the low end of previously issued guidance. Upon this news, Integra LifeSciences stock fell 20% on January 6, 2012 to close at $24.49 per share; the stock continues to fall, closing on January 10, 2012 at $23.22 per share.
If you own Integra LifeSciences stock and wish to obtain additional information about the investigation and your legal rights, please contact Joseph E. Levi, Esq. either via email at jlevi@zlk.com or by telephone at (212) 363-7500, toll-free: (877) 363-5972, or visit http://www.zlk.com/integra-lifesciences-holdings-iart.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. Attorney advertising. Prior results do not guarantee similar outcomes.
www.zlk.com |
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High court weighs policy against curse words on TV
Legal Focuses |
2012/01/09 17:55
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The Supreme Court is considering whether government regulators may still police the airwaves for curse words and other coarse content at a time when so many Americans have unregulated cable television, and the Internet is awash in easily accessible adult material.
The justices are hearing arguments Tuesday in a First Amendment case that pits the Obama administration against the nation's television networks. The material at issue includes the isolated use of expletives as well as fines against broadcasters who showed a woman's nude buttocks on a 2003 episode of ABC's "NYPD Blue."
The broadcasters want the court to overturn a 1978 decision that upheld the Federal Communications Commission's authority to regulate both radio and television content, at least during the hours when children are likely to be watching or listening. That period includes the prime-time hours before 10 p.m.
At the very least, the networks say the FCC's current policy is too hard to figure out, penalizing the use of particular curse words on awards programming but not in the airing of the movie "Saving Private Ryan," for example.
The administration said that even with the explosion of entertainment options, broadcast programming remains dominant. It also needs to be kept as a dependable "safe haven" of milder programming, the administration said. |
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Court hearings resume in Jefferson bankruptcy case
Legal Focuses |
2012/01/05 17:39
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Court hearings in Jefferson County's record-setting bankruptcy filing are scheduled to resume Thursday. The Birmingham News reports that U.S. Bankruptcy Judge Thomas Bennett is expected to consider a variety of motions.
Jefferson County filed the largest municipal bankruptcy in U.S. history last year over more than $4 billion in debt. Most of the debt stems from borrowing to pay for upgrades to the county's sewer system.
This week, a group of Alabama lawmakers, Jefferson County commissioners and health care professionals met privately to discuss ways to address the county's general fund crisis and other matters.
The Birmingham News reports the three-hour meeting at Vestavia Hills City Hall included Commission President David Carrington; Republican state Rep. Paul DeMarco of Homewood; and Republican state Sen. Jabo Waggoner of Vestavia Hills.
Participants said Tuesday's meeting was the latest in a series of behind-the-scenes efforts among commissioners, Jefferson County legislators, business leaders and others to find ways to solve the county's massive general fund woes. |
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Federal judge blocks Calif. low-carbon fuels rule
Legal Focuses |
2011/12/30 21:20
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California officials say they will ask a federal judge to stay his ruling that blocks the state from enforcing the first-in-the-nation mandate for cleaner, low-carbon fuels.
In a decision issued Thursday, Fresno-based U.S. District Court Judge Lawrence O'Neill said the low-carbon fuel rules favor biofuels produced in the state. He said that violates the U.S. Constitution's commerce clause by discriminating against crude oil and biofuels producers located outside California.
California Air Resources Board spokesman Dave Clegern disagreed, saying the fuel rule is "an evenhanded standard that encourages the use of cleaner low carbon fuels by regulating fuel-providers in California."
He said the board plans to ask the judge to stay the ruling, and appeal if necessary to the 9th U.S. Circuit Court of Appeals.
Out-of-state fuels producers hailed the decision as a win for California drivers. |
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