Several Supreme Court justices are criticizing the Environmental Protection Agency for heavy-handed enforcement of rules affecting homeowners.
The justices were considering whether to let an Idaho couple challenge an EPA order identifying their land as "protected wetlands." Mike and Chantell Sackett wanted to build their house on the land. But the EPA says the Sacketts can't challenge the order to restore the land to wetlands or face thousands of dollars in fines.
Justice Samuel Alito called EPA's actions "outrageous." Justice Antonin Scalia noted the "high-handedness of the agency" in dealing with private property. Chief Justice John Roberts said that the EPA's contention that the Sacketts' land is wetlands, something the couple disagrees with, would never be put to a test under current procedure.
The Illinois Supreme Court has thrown out an Illlinois jury's $43 million award against Ford Motor Co. in a product-liability lawsuit linked to a fiery 2003 crash that killed a Missouri man and disfigured his wife.
The high court, in a Sept. 22 ruling made public Wednesday, among other things found that the lawsuit on Dora and John Jablonski's behalf did not give sufficient evidence for a jury to conclude Ford negligently "breached its duty of reasonable care" in designing the Lincoln Town Car involved in the wreck.
Justices also found that Illinois law does not require a company to warn of defects undetected before the product left the manufacturer.
Pinning the tragic wreck on the distracted motorist who hit the Jablonskis from behind at 60 mph, Ford said in an emailed statement Thursday it was "gratified" by the Illinois Supreme Court's ruling that "recognized and corrected the substantial efforts and deficiencies in the earlier proceedings."
The automaker said the 1993 Town Car exceeded all federal crash safety standards and received a five-star safety rating — the highest possible — from the U.S. government.
On October 19, 2011, Scott+Scott LLP filed a class action complaint against K-V Pharmaceutical Company and certain of the Company's officers in the U.S. District Court for the Eastern District of Missouri. The action for violations of the Securities Exchange Act of 1934 is brought on behalf of those purchasing the common stock of K-V between February 14, 2011 and April 4, 2011, inclusive.
If you purchased the common stock of K-V during the Class Period and wish to serve as a lead plaintiff in the action, you must move the Court no later than 60 days from today. Any member of the investor class may move the Court to serve as lead plaintiff through counsel of its choice, or may choose to do nothing and remain an absent class member. If you wish to discuss this action or have questions concerning this notice or your rights, please contact Scott+Scott
scottlaw@scott-scott.com
http://www.scott-scott.com/cases/new/securities-fraud-litigation-1533-k-v-pharmaceutical-company-kv-a.html
The complaint filed in the action charges that during the brief Class Period, the Company issued false and misleading statements claiming the Food and Drug Administration had granted K-V the exclusive distribution rights over its "Makena," a drug compound that had previously been prescribed by physicians for decades to prevent miscarriages, and that the agency would enforce those rights by preventing K-V's competitors from distributing generic compounds of Makena. The complaint also alleges that defendants told investors K-V's Makena distribution program was designed to "expand access" to the drug compound, including to low-income and other at-risk groups, while concealing that the $1,500 list price K-V was charging would actually reduce availability of the drug compound to physicians and their patients. As a result, based on a fundamental misperception of K-V's sales and earnings potential, the complaint charges that K-V's stock traded at artificially inflated prices during the Class Period, allowing K-V to sell $200 million worth of senior secured notes, with the proceeds used in large part to pay down the Company's debts.
The complaint alleges that the truth began to come to light on March 17, 2011, when two U.S. Senators publicly questioned the bona fides of K-V's distribution program, stating "the financial assistance is not sufficient and does not extend to certain groups of women," and so that in reality, "KV Pharmaceutical's actions will result in diminished access to appropriate health care for women and result in increased preterm births." It is alleged that this partial disclosure caused K-V's stock price to fall precipitously, removing some of the stock inflation. Then, following the FDA's own March 30, 2011 statement that the agency did "not intend to take enforcement action against" K-V's competitors for distributing the generic version of K-V's Makena, K-V's stock fell further on extremely high trading volume. Finally, following K-V's April 1, 2011 disclosure that K-V was reducing Makena's list price by nearly 55% to $690 per injection -- versus the previous list price of $1,500 -- the market learned on April 4, 2011 that many physicians would never prescribe Makena to their patients due to flaws in the distribution program. On this news, K-V's stock price fell an additional 9.5% in a single trading session.
Scott+Scott has significant experience in prosecuting major securities, antitrust and employee retirement plan actions throughout the United States. The firm represents pension funds, foundations, individuals and other entities worldwide.
Preview: http://insiderexclusive.com/show-content/290-when-cops-go-wrong--deadly-felony-stops.html
In most major U.S. Police Departments, Officers are trained rigorously on the exact safe protocol when it comes to making "Felony Stops".
In this Network TV Premiere, we show the Official Chicago Police Training Video demonstrating how "FELONY STOPS" must be conducted by the Police… to Shield &Protect the Police Officers as well as the suspects.
As you watch this Insider Exclusive TV Special, you will see how this procedure called "Shielding"… (the Police term for the use of their Car Doors and tires to protect themselves… by Getting down between the Door & the car)….. is extremely important, not only for the Officers but also those suspects the police are stopping.On these "FELONY STOPS"… You can see all Police commands to suspects ….are issued from BEHIND their DOORS…which are basically their Shields.
The Proper Protocol is …..All suspects are ordered out of the car……Away from their vehicle …And ordered down on the ground with their hands held high in the air, until they are handcuffed and secured.This is the correct way Chicago Police Officers are instructed to apprehend suspects in a car at a FELONY STOP.
BUT it was not the way, Chicago Police Officers stopped Robert Russ, a popular Northwestern University graduating Senior….. on the evening of June 5, 1999…which resulted in his unnecessary and tragic death
In this Insider Exclusive Special, "WHEN COPS GO WRONG – DEADLY FELONY STOPS" …… We show how Don Shapiro Founder & Partner @ the law firm of Don Shapiro Ltd got Justice for Robert's family with a Record Breaking Verdict of $12 Million dollars…
You will see how Don proved this case by proving the lies …and the contradictions of the various Chicago police officers…
By assembling an array of highly qualified expert witnesses, including world renowned forensic pathologist, Dr. Michael Baden and Dr James Fyfe – former NYPD cop – Prof John Jay College of Crim Justice & Head of NYPD Police Academy.
He also uncovered an independent witness who had been routinely dismissed by the internal Chicago Police investigation but who turned out to be extremely credible.
He has seen many innocent & hard-working people become VICTIMS of the Police Brutality. He understands that Police brutality is one of the most serious, enduring, and divisive human rights violations in the United States.
…The problem is not just in Chicago…BUT nationwide….AND its nature is institutionalized.
Police officers engage in unjustified shootings, severe beatings, and fatal chokings in cities across America, while their police superiors, city officials, and the Justice Department fail to act decisively to restrain or penalize such acts or even to record the full magnitude of the problem.
Don understands that Victims seeking redress…. face daunting obstacles at every point in the process, ranging from over intimidation…. to the reluctance of local and federal prosecutors to take on brutality cases.Don also understands that because of that…..He is driven to fight for people who had been harmed by the willful or negligent actions of others..
His goals….. Not ONLY To get Justice for his clients…BUT To make sure ALL Americans have the right to a fair trial, honest cops, impartial prosecutors, and fair judges with NO AGENDAs…BECAUSE "INJUSTICE ANYWHERE…..IS A THREAT TO JUSTICE EVERYWHERE" !!!
COMING THIS July 2011 on FOX Television Stations Group, PBS, DirecTV, Dish Network, Legacy TV, Wealth TV & Glorystar TV.....
Preview: http://insiderexclusive.com/show-content/107-saving-tators-dodge.html
In rescuing the car makers, the U.S. government prevented a potential meltdown of the auto industry and further shocks to the economy. But in the process, it created a wide universe of relative winners and losers. The U.S. Treasury received large ownerships stakes in the restructured auto makers, as did union retiree trusts.
Chrysler's banks got some, not all, of their loans repaid in cash, and GM's lenders were fully repaid. On the other side, thousands of dealers, asbestos victims, and other creditors received little to no recompense.
Among the creditors who suffered most, car-accident victims and Chrysler dealers represent a distinct mold. The government decided who was going to be taken care of and who was not. Even if the auto makers had legal rights to leave behind product-liability claims and compensation for Chrysler Dealers, "there is a deep unfairness". It would have been easy enough to set something aside for them."
Dealers are struggling in the aftermath of the bailouts. Chuck Tator, a 60-year-old former Dodge dealer in upper state New York...in fact what was once....the oldest Dodge Dealership in America, says he can't sell new Chrysler vehicles or perform warranty work since the auto maker terminated his contract in bankruptcy court.
They are victims of not only Chrysler, but also the Government Bailout, and a system that simply is a deeply unfair. It would have been easy enough to set something aside for them.
Watch Chuck Tator’s story in “SAVING TATOR’S DODGE” now, and again in July.
And keep your eye out for One of the INSIDER EXCLUSIVE's TV Specials next month -- " FOOTBALL INJURIES - The New Zackery Lystedt Law" , an investigation as to why more than 300,000 sports and recreation related traumatic brain injuries occur in the United States each year, and how Zack’s Tragedy has inspired the BIGGEST Positive change in the way Football is now played in America! With Washington’s Governor Chris Gregoire leading the team effort on safety by signing into law the new “Zackery Lystedt Law”
http://insiderexclusive.com/show-content/279-football-injuries-the-new-zackery-lystedt-law.html