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Court sets aside class-action suit by Costco women
Legal Watch |
2011/09/17 15:53
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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. |
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Appeals court upholds sentence in Ponzi scheme
Legal Watch |
2011/09/16 15:54
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A federal appeals court has upheld the 30-year prison sentence for a man convicted of operating what prosecutors called the largest Ponzi scheme in Louisiana's history.
In a 15-page opinion issued Friday, the 5th U.S. Circuit Court of Appeals affirmed the sentence for Matthew Pizzolato, of Tickfaw.
Pizzolato also was ordered to make over $15 million in restitution to the 165 victims he defrauded. He had offices in Baton Rouge, Covington, Hammond and Lake Charles and advertised investment services under several company names, including Gulf Region Guaranty Inc.
Prosecutors said he promised high rates of return and claimed investors' money was protected against losses, but made risky investments they didn't authorize, gave away millions to friends and family and spent much of the money on luxury items for himself. |
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Guilty plea for Va. man in $318K Social Security fraud
Legal Watch |
2011/09/09 15:56
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A Bristol man has pleaded guilty to stealing Social Security benefits and making false statements in an attempt to hide the thefts.
Seventy-one-year-old David Ross entered the plea Thursday in federal court in Abingdon.
Ross faces a sentence of up to 65 years in prison on all counts.
Federal prosecutors say Ross admitted stealing more than $318,000 in benefits that had been intended for his mother, who died in 1971. He told the Social Security Administration that his mother died in December 2010. |
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NC judge mulls US Airways claim of pilot slowdown
Legal Watch |
2011/08/23 17:36
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A federal judge in North Carolina says he'll rule soon on a lawsuit by US Airways claiming its pilots are staging an illegal work slowdown.
The Charlotte Observer reported Tuesday that the union representing US Airways pilots says the airline is trying to intimidate the pilots into flying on time no matter the risk.
The sides wrapped up their case in Charlotte on Monday.
Tempe, Ariz.-based US Airways says in the lawsuit filed late last month that its pilots are deliberately delaying flights and that its busiest hub in Charlotte has been disproportionately affected.
Capt. Michael Cleary of the Charlotte-based US Airline Pilots Association testified no slowdown is taking place.
The two sides have had a contract dispute since US Airways merged with America West in 2005. |
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Court upholds conviction in parents' knife slaying
Legal Watch |
2011/08/16 16:31
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The Michigan Court of Appeals has upheld first-degree murder convictions against an Oakland County man for stabbing his parents to death.
Mark Ott of White Lake Township was convicted in the fatal stabbings last year. The bodies of 57-year-olds Barbara and Michael Ott were discovered in February 2008 at their home in White Lake Township, about 30 miles northwest of Detroit.
On Wednesday, the he appeals court affirmed the jury's decision to find Ott guilty but mentally ill. Ott is serving the mandatory sentence of life without parole.
The appeals court vacated Ott's convictions on two counts of second-degree murder based on double jeopardy principles. The ruling says double jeopardy doesn't allow multiple punishments for the same offense. |
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2 plead not guilty in SF Giants fan attack
Legal Watch |
2011/08/11 17:39
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Two men accused of brutally beating a San Francisco Giants fan outside Dodger Stadium pleaded not guilty Wednesday even though prosecutors said they had made admissions in the case.
Louie Sanchez, 28, and Marvin Norwood, 30, entered their pleas during a brief arraignment to charges of mayhem and assault and battery in the March 31 attack of Bryan Stow, a Santa Cruz paramedic who suffered severe brain injuries and remains hospitalized.
Prosecutor Frank Santoro said in court he did not object to a motion to allow television cameras in the courtroom because the case is built on admissions, not witness identifications.
“The case is based on admissions from both of them,” said Santoro, who provided no further details.
He said 20 witnesses had been asked to look at the men, but only one could positively identify Sanchez and no one recognized Norwood. |
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Pozen says Texas court upholds Treximet patents
Legal Watch |
2011/08/08 16:29
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Drug developer Pozen Inc. said Monday that a Texas court upheld three patents supporting its migraine drug Treximet.
Pozen said the U.S. District Court for the Eastern District of Texas ruled that the patents were valid. The court also found that generic versions of Treximet developed by Par Pharmaceutical Co. and Dr. Reddy's Laboratories Ltd. infringed on all three patents, while a version developed by Alphapharm Pty Ltd. infringed on two patents. Teva Pharmaceutical Industries Ltd. had also challenged the patents, but was dismissed from Pozen's lawsuit in April 2010 after it agreed to abide by the court's decision.
The court said the Food and Drug Administration cannot approve the generics made by Dr. Reddy's and Par until Feb. 2, 2025, and that the agency can't approve the Alphapharm generic until Aug. 14, 2017.
Treximet is a combination of GlaxoSmithKline PLC's drug Imitrex and an anti-inflammatory drug developed by Pozen. GlaxoSmithKline markets the drug and pays royalties to Pozen. In the second quarter, those royalty payments accounted for $4 million of Pozen's $4.6 million in total revenue.
The FDA approved Treximet in April 2008 after years of delays, and Par filed for approval of its generic in October of that year. |
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