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Ruling on Wal-Mart class-action case may have broader impact
Headline Legal News | 2010/11/27 22:14

The fate of the largest job bias lawsuit in the nation's history — a claim that Wal-Mart Stores Inc. shortchanged women in pay and promotions for many years — hinges on whether the Supreme Court will let the class-action case go to trial.

The court is likely to announce as soon as Monday whether it will hear the retail giant's appeal asserting that a single lawsuit cannot speak for more than 1.5 million employees.

Business lawyers and civil rights advocates are closely following the Wal-Mart case for its implications for class-action litigation.
"This may sound like just a technical, procedural issue, but because of the economics of it, class-action certification is often the most important issue to be decided," said Washington lawyer Roy T. Englert Jr.

If the high court permits the Wal-Mart case to proceed as a class action, it will put enormous pressure on the retailer to settle, he said. The plaintiffs have not specified the damages they would seek, but given the size of the class, it could mount into billions of dollars.

The U.S. Chamber of Commerce and several large corporations have joined with Wal-Mart, the nation's largest employer, in urging the high court to hear the appeal and to restrict the use of class-action claims.

They argue that it is unfair to permit plaintiffs' lawyers to lump together many thousands of employees from stores spread across the country and to rely on statistics to prove illegal discrimination.



$450m class action launched against NAB
Legal Business | 2010/11/26 22:14

A $450 million class action is being launched on behalf of National Australia Bank shareholders who lost money during the global financial crisis because of NAB's exposure to toxic debt.

Legal firm Maurice Blackburn will lodge the claim in a Victorian court tomorrow.

The firm says NAB had bought $1.2 billion in collateralised debt obligations (CDO) in 2006 which had a heavy exposure to the US sub-prime housing market.

It will allege that between early January and late July that year, NAB failed to properly disclose to shareholders all material information relating to its CDO exposure.




Apotheker a no-show in Oracle-SAP trial
Headline Legal News | 2010/11/20 22:10

An industrial espionage trial between Oracle Corp. and SAP AG, two of the world's biggest business software makers, ended Friday without the testimony of one of its most anticipated witnesses.

The evidence part of the three-week trial wrapped up Friday without an in-person appearance by the new CEO of Hewlett-Packard Co., Leo Apotheker, and without Oracle playing a videotaped deposition he gave.

The cat-and-mouse game of Oracle trying to force Apotheker to testify, and HP refusing to allow it, has captivated technology watchers and overshadowed Apotheker's start as head of the world's biggest technology company by revenue.

Oracle wanted Apotheker to testify because he was previously SAP's CEO.

But Oracle says that HP refused to accept a subpoena on Apotheker's behalf. HP accused Oracle of harassing Apotheker.

Oracle hired investigators to track down Apotheker, but since he started the HP job Nov. 1, he wasn't spotted close enough to the federal courthouse in Oakland, where the case is being tried, for Oracle to serve him with the subpoena. The subpoena only applies within 100 miles of the courthouse, which includes HP's headquarters in Palo Alto.

HP hasn't disclosed Apotheker's whereabouts. Representatives have



Victorian Village bar loses smoking-ban appeal
Topics in Legal News | 2010/11/19 22:11

The Ohio Supreme Court will get a chance to determine the legality of the state's smoking ban after an appeals court ruled that state officials didn't overstep their bounds when they repeatedly cited a Victorian Village bar for violating Ohio's smoking ban.

Zeno's Victorian Village is fighting a two-pronged battle against the 2006 anti-smoking law, saying that it shouldn't apply to family-owned bars and that authorities are unfairly punishing bars for violating the ban rather than the smokers themselves.

On Tuesday, the Franklin  County Court of Appeals handed Zeno's a big setback. In a  3-0 ruling, judges overturned a trial court's decision that dismissed more than $30,000 in  fines against Zeno's. The trial  court concluded that authorities had singled out bars and  restaurants for penalties while  refusing to cite smokers who  violated the ban.

The February ruling by Franklin County Common Pleas Judge David E. Cain never affected how state and local health departments enforce the no-smoking law. As of the end of August, more than 2,500 fines had been imposed totaling nearly $1.2 million, according to the Ohio Department of Health. State and local officials had collected about $400,000 of that amount.



Black farmers, Indians closer to US settlement
Legal Business | 2010/11/18 22:09

Black farmers and American Indians who say the United States discriminated against them and took their money for decades are a step closer to winning long-awaited government settlements.

Under legislation passed by the Senate on Friday, black farmers who claim discrimination at the hands of the Agriculture Department would receive almost $1.2 billion. American Indians who say they were swindled out of royalties by the Interior Department would split $3.4 billion. Both cases have languished for more than a decade, and plaintiffs say beneficiaries are dying off.

"The Senate finally did the right thing," said John Boyd, head of the National Black Farmers Association. "They stepped up and told the world civil rights still matter in America."

The legislation was approved in the Senate by voice vote Friday and sent to the House. The money had been held up for months in the chamber as Democrats and Republicans squabbled over how to pay for it.

President Barack Obama praised the Senate for finally passing the bill and urged the House to move forward on it. He said his administration is also working to resolve separate lawsuits filed against the department by Hispanic and female farmers.




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