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California, Minimum Wage, Heads Back to Court

Wednesday, 6 October 2010

Gov. Arnold Schwarzenegger’s administration has filed a new lawsuit to force the state controller to pay California government workers the federal minimum wage.

The Department of Personnel Administration filed the lawsuit Tuesday against Controller John Chiang in Sacramento County Superior Court.

The suit seeks a restraining order that would force Chiang to pay state employees $7.25 an hour, rather than their full salaries.

Last week, an appellate court ruled Schwarzenegger had the authority to order the minimum wage because the state has not passed a budget for the current fiscal year. His order would cover about 200,000 workers.

The controller said he doesn’t have to follow the order because the state’s computer payroll system can’t handle the change. A telephone message left for the controller was not immediately returned.

Hyundai Recall, 139,500 Sonatas in US on steering

Wednesday, 6 October 2010

Hyundai Motor Co. said it is voluntarily recalling 139,500 Sonata sedans in the U.S. because of a manufacturing defect that could cause drivers to lose steering control.

The recall affects 2011 models built between Dec. 11, 2009 and Sept. 10, the National Highway Traffic Safety Administration noted on its website Sunday. Some of the cars have steering column shafts with connections that may not have been tightened enough or were improperly assembled. As a result, the steering wheel could become separated from the column or a driver could lose the ability to properly steer the car.

The U.S. government had opened an investigation into possible steering problems in the vehicle in August. Hyundai, South Korea’s top automaker, has said there have been no related injuries or crashes reported.

Owners of affected vehicles can go to their dealers for inspection. Dealers also will update power steering software. Owners may also call NHTSA at 888-327-4236 for more information.

The recall comes as automakers ramp up their focus on safety and quality control in the wake of Toyota Motor Corp.’s massive global recall last year over gas pedal and floor mat problems. In February, Hyundai announced a recall of about 47,000 Sonata midsize sedans, mostly sold in South Korea, to replace front door latches following a handful of customer complaints. The company said it had discovered a mechanical problem with the latches which, in rare instances, would not close properly.

Qantas Air, Nothrop Grumman Law Suit

Wednesday, 6 October 2010

A class-action lawsuit against Airbus and Northrop Grumman has been filed in the US by attorneys acting on behalf of passengers and crew injured in a serious incident involving a Qantas Airbus A330-300 in 2008.

The lawsuit is being led by a US law firm following contact from Australian law firms which will represent passengers and crew injured when A330 VH-QPA plunged over 1000ft in two uncommanded dives while on a flight from Singapore to Perth on October 7 2008, forcing the crew to make a mayday call and an emergency landing at Learmonth. The latest interim report from the ATSB suggests that the uncommanded dives may have been caused by erroneous data inputs from a faulty air data inertial reference unit (ADIRU), which was manufactured by Northrop Grumman.

Airbus has already moved an application to have the case heard in Australia rather than the US, with some commentators noting that Australian laws would not allow people to claim the same level of compensation as in the US. Currently, it appears that the trial will be heard in the US.

Toro Company, Snow Blower Recall, Fire Hazard

Friday, 17 September 2010

The U.S. Consumer Product Safety Commission announced the recall of Power Clear 180 Single Stage Snow Blowers because exposure to ethanol in gasoline can cause the carburetor needle to become corroded. A corroded needle can stick in the open position and allow fuel to leak from the carburetor, posing a fire hazard to consumers.

 Hazard:

Exposure to ethanol in gasoline can cause the carburetor needle to become corroded. A corroded needle can stick in the open position and allow fuel to leak from the carburetor, posing a fire hazard to consumers.

Incidents/Injuries:

Toro has received 2,200 reports of carburetor leaks. No fires or injuries have been reported.

Description:

This recall involves Toro® Power Clear 180 Single Stage snow blowers. The recalled snow blowers have model numbers 38272 and 38282. Serial numbers included in the recall range from 310000001 through 310999999. The model and serial number can be found on a decal on the lower right side of the snow blower.

Sold at:

Toro dealers and The Home Depot stores nationwide from November 2009 through May 2010 for between $400 and $440.

Manufactured in:

U.S.A.

Remedy:

Consumers should immediately check to see if their snow blowers are included in this recall and contact an authorized Toro service dealer to arrange a free repair. To obtain the location of the nearest dealer, consumers should contact Toro.

Consumer Contact:

For additional information, contact Toro toll-free at (877) 738-4440 between 7:30 a.m. and 6 p.m. CT Monday through Friday, or visit the firm’s website at www.toro.com

Pottery Barn,Recall Drop Side Crib

Friday, 17 September 2010

On July 14, the CPSC and Pottery Barn Kids, a division of Williams-Sonoma, Inc, announced a recall on drop side cribs. This voluntary recall will affect about 82,000 units sold by the company. Consumers are asked to immediately stop using the recalled product.

As with the other drop side cribs previously recalled by the CPSC, these cribs’ drop-sides can detach when hardware breaks, creating a space into which a young child can become entrapped, which can lead to suffocation. Drop side incidents also occur due to incorrect assembly and with age-related wear and tear. CPSC and Pottery Barn Kids have received 36 reports of drop sides that have malfunctioned or detached.

The recall affects all Pottery Barn Kids drop-side cribs regardless of the model number. “Pottery Barn Kids” is printed on a label attached to the crib headboard or footboard. The cribs were sold exclusively through the Pottery Barn Kids catalog, www.potterybarnkids.com and at Pottery Barn Kids retail stores nationwide, from January 1999 through March 2010, for between $300 and $600.

The Pottery Barn recall comes after the CPSC announced a major seven manufacturer recall of more than two million drop side cribs.

Consumers should immediately stop using the recalled cribs, inspect the hardware to make sure it is not broken, and contact Pottery Barn Kids to receive a free fixed-gate conversion kit that will immobilize the drop side. For additional information, consumers can contact Pottery Barn Kids at (877) 804-3847 between 7 a.m. and midnight, 7 days a week, or visit the firm’s website at www.potterybarnkids.com.

The CPSC would also remind parents not to use any crib with missing, broken, or loose parts. Make sure to tighten hardware from time to time to keep the crib sturdy.

Thousands sign on for $10 billion BP suit

Wednesday, 15 September 2010
The revelation that BP’s Texas City refinery emitted toxic benzene for more than a month has ignited a furor in the port community that has suffered its share of deadly industrial accidents and toxic spills.

Thousands of residents who fear they may have been exposed to the known carcinogen released at the oil refinery from April 6 to May 16 have been flooding parking lots and conference halls where local trial attorneys hosted information sessions and sought clients for class-action lawsuits against the oil giant.

BP faces the new challenge just as it is reaching a key milestone in another crisis — plugging the Gulf of Mexico well that blew out in an oil spill disaster that is costing the company billions of dollars.

On Wednesday, more than 3,400 people lined the hallways and sidewalks around the Nessler Center to sign on to a $10 billion class-action lawsuit filed Tuesday in Galveston federal court by Friendswood attorney Anthony Buzbee.

The lawsuit alleges the release of 500,000 pounds of chemicals – including 17,000 pounds of benzene – has jeopardized the health and property values of people who live and work in the area. At the nearby College of the Mainland, a separate town hall meeting drew a crowd of 600.

“I’ve never seen anything like this,” Buzbee said, looking at the lines waiting to enter a large room at the civic center where lawyers helped people fill out paperwork. “I can’t believe this is mass hysteria and that everybody here is a faker,” Buzbee said.

Webster-based lawyer Chad Pinkerton said he’s met with about 8,000 residents over the past week. “I believe this is probably the largest prolonged release in Texas history and many, many people are sick,” he said.

Word of the lawsuits spread this week, propelled in part by rumors that BP was cutting checks to head off the benzene claims from the $20 billion fund established to pay claims related to the oil spill.

Lego loses trademark challenge at top EU court

Wednesday, 15 September 2010

 

Privately owned Danish toymaker Lego has lost a court battle to have its snap-together plastic bricks registered as an exclusive trademark in the European Union.

Lego had argued that studs on top of the bricks made them highly distinctive and, thus, eligible for trademark rights. The Luxembourg-based European Union Court of Justice (ECJ) upheld a 2008 ruling by the General Court, which dismissed Lego’s challenge to the decision by trademark agency OHIM.

“Undertakings may not use trademark law in order to perpetuate, indefinitely, exclusive rights relating to technical solutions,” it said.

OHIM had repealed an earlier decision to grant trademark rights for Lego bricks after objections from Canadian toymaker Mega Brands Inc.

Lego, whose name originates from the Danish words for “play well”, is Europe’s biggest toy manufacturer and competes with Mattel and Hasbro.

Peter Kjaer, the head of Lego’s intellectual property section, said. “It is naturally a matter of concern to us that use of the brick by others can dilute the trademark. But the worst aspect is that consumers will be misled.”

City Of Miami Class Action Litigation

Wednesday, 2 June 2010

Class Action Complaint (1.04 MB)

Case 1:10-cv-21451-JEM Document 1 Entered on FLSD Docket 05/04/2010 Page 1 of 26 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA HELENE HUTT, individually and on behalf of all others similarly situated, Plaintiff, -against- CITY OF MIAMI, a municipal corporation chartered by the State of Florida, Defendant. No. CLASS ACTION COMPLAINT AND JURY TRIAL DEMAND Plaintiff Helene Hurt (“Plaintiff’), on behalf of herself and all others similarly situated, by her attorneys, hereby alleges the following against defendant, the City of Miami, Florida (“Defendant” or the “City of Miami”), based upon information and belief and upon the investigation by Plaintiffs counsel which included, among other things, a review of the facts and circumstances alleged herein including, without limitation: (a) review and analysis of certain filings made by the City of Miami in connection with issuing its municipal bonds; (b) review and analysis of certain public statements, issuing documents, news articles, and ot

Pacific Capital Bancorp Class Action Litigation

Wednesday, 2 June 2010

Notice Of Dismissal Pursuant Rule 41(a) Or (c) F.R. Civ. P. (121 KB)

Case2:09-cv=06501=RGK-PLA Document 14 Filed 09/29/2009 Page 1 of 3 Patrice L. Bishop (SBN 182256) STULL, STULL & BRODY 10940 Wilshire Boulevard Suite 2300 Los Angeles, CA 90024 Tel: (310) 209-2468 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WILLIAM JURKOWITZ, etc. v. PACIFIC CAPITAL BANCORP, et al. Plaintiffs), Defendants). CASE NUMBER CV09-06501 RGK (PLAx) NOTICE OF DISMISSAL PURSUANT RULE 41(a) or (c) F.R.Civ.P. PLEASE TAKE NOTICE: (Check one) ? This action is dismissed by the Plaintiff(s) in its entirety. ? The Counterclaim brought by Claimant(s) dismissed by Claimant(s) in its entirety. is ? The Cross-Claim brought by Claimants(s)_______________________________________________________ dismissed by the Claimant(s) in its entirety. ? The Third-party Claim brought by Claimant(s)___________________________________________________ dismissed by the Claimant(s) in its entirety. m ONLY Defendant^) SANDLER O’NEILL ASSET MANAGEMENT LLC____________________

McDonald’s Corporation: Securities Litigation

Wednesday, 2 June 2010

Third Amended Class Action Complaint For Violations Of Federal Securities Laws (2.84 MB)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ALLAN SELBST, On Behalf of Himself and All Others Similarly Situated, Plaintiffs, vs. McDONALD’S CORPORATION, Defendants. Case Number 04-C-2422 (Consolidated) CLASS ACTION Judge Blanche M. Manning Magistrate Judge Sidney I. Schenkier JURY TRIAL DEMANDED THIRD AMENDED CLASS ACTION COMPLAINT FOR VIOLATIONS OF FEDERAL SECURITIES LAWS Lead Plaintiffs Central States, Southeast and Southwest Areas Pension Funds, California Ironworkers Field Trust Fund and Teamsters Local No. 863 Pension Fund make the following allegations based upon the investigation of their counsel, which included a review of United States Securities and Exchange Commission (“SEC”) filings by McDonald’s Corporation (“McDonald’s” or the “Company”), as well as regulatory filings and reports, securities analysts’ reports and advisories about the Company, press releases and other public statements issued by the Company, interviews with former employees of McDonald’s.