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Nevada Supreme Court takes up foreclosure case
Legal Business |
2012/01/05 09:37
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The Nevada Supreme Court weighed arguments Wednesday on whether U.S. Bank can foreclose on a Douglas County couple's home despite findings by a mediator that not all required documents were presented during mediation.
Lawyers involved in the case said the court's ruling could have wide repercussions on foreclosures in a state hard-hit by the collapse of the housing market.
Attorneys for Andrew and Lauretta Davis want justices to send the case back to Washoe County District Court for a hearing on whether documents handled by Mortgage Electronic Registration Systems, or MERS, were signed by an authorized officer and whether they properly conveyed the Davis' mortgage from the now-defunct Ownit Mortgage Solutions to U.S. Bank.
The couple's attorneys claim MERS lacked the authority to assign the loan to the bank.
"The certification for this assignment was not produced," attorney Mark Mausert argued before six of the high court's seven justices. Chief Justice Nancy Saitta missed the session but is expected to listen to arguments before a ruling is handed down at a later date.
A lawyer for the lender countered that the arguments raised by the Davis' attorneys go beyond the scope of Nevada's Foreclosure Mediation program, and that disputes over the validity of documents should be addressed in a separate lawsuit. |
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Court papers: NYC officer shooting suspect sorry
Topics in Legal News |
2012/01/04 09:38
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The man charged with murder in the shooting death of a police officer during a botched break-in apologized and said he didn't mean to fire the gun, according to court papers released Wednesday.
Lamont Pride, 27, and four others have pleaded not guilty in the death of Officer Peter Figoski, who was shot once in the face Dec. 12 as he tried to enter the basement apartment, the scene of a reported burglary. While Pride was being driven in a police car to central booking, he told police he was sorry, according to the papers.
"I didn't mean for this to happen," he said. "I didn't want to kill a cop. It went wrong and I'm sorry. I can't take it back," he said, according to the papers.
Through the stack of messy, hand-written statements gleaned from investigators, the plot emerges as a badly-conceived attempt to rob a drug dealer. Authorities said Pride and the others hatched the plot the day before to rob the apartment. Michael Velez, 21, stayed in the getaway car as the four others went in to the dingy, barely finished apartment at 25 Pine St. Ariel Tejada, 22, and Nelson Morales, 27, pistol-whipped the tenant and beat him while they ransacked the place, authorities charged. |
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CA court to mull expiration date for clergy abuse
Court News |
2012/01/04 09:38
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California's highest court is hearing a precedent-setting case that could expose California's Roman Catholic dioceses to another round of clergy abuse lawsuits.
The case being argued Thursday before the California Supreme Court involves six brothers in their 40s and 50s who allege they were molested by an Oakland priest during the 1970s. The priest, Donald Broderson, was forced to retire amid abuse allegations in 1993.
The Oakland Diocese maintains the men are barred from suing because they did not do so during the one-year window the state Legislature opened in 2003 for such complaints to be filed.
The brothers' lawyers contend the time limit does not apply to them because they did not make the link between their psychological problems as adults and what happened to them as children until 2006. |
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King & Spalding Continues International Arbitration Expansion
Topics in Legal News |
2012/01/02 15:21
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The international law firm King & Spalding announced today that international arbitration expert Jan K. Schäfer has joined as a partner in its Frankfurt office.
Schäfer comes to King & Spalding from the Frankfurt office of Allen & Overy, where he focused on complex post-M&A arbitration matters as well as foreign investment, construction and energy-related disputes. He brings deep experience in arbitration under ICC, DIS (German Institute of Arbitration) and ICSID rules in multiple venues as well as ad hoc proceedings under both German and Swiss arbitration law. He regularly sits as chairman, party-appointed and sole arbitrator in ICC and DIS arbitration proceedings, and advocates before the German courts on behalf of clients in commercial litigation and arbitration-related matters.
King & Spalding has significantly expanded its global footprint in international arbitration in recent years. The firm opened an office in Paris, a key hub for international commercial arbitration, in 2009 with the hiring of former Dewey & LeBoeuf partners Eric Schwartz, the former secretary-general of the ICC International Court of Arbitration, and James Castello. Former Shearman & Sterling arbitration partner John Savage joined in 2010 to lead the firm's international arbitration practice in Asia from a new office in Singapore, while Tom Sprange joined from Steptoe & Johnson in 2011 to anchor its London arbitration and litigation practice. Former ICC International Court of Arbitration general counsel Guillermo Aguilar-Alvarez also joined the firm in New York, further strengthening King & Spalding's global bench in both commercial and treaty arbitration.
About King & Spalding
Celebrating more than 125 years of service, King & Spalding is an international law firm that represents a broad array of clients, including half of the Fortune Global 100, with 800 lawyers in 17 offices in the United States, Europe, the Middle East and Asia. The firm has handled matters in over 160 countries on six continents and is consistently recognized for the results it obtains, uncompromising commitment to quality and dedication to understanding the business and culture of its clients. More information is available at www.kslaw.com
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Rigrodsky & Long, P.A. Files Securities Fraud Class Action
Legal Business |
2012/01/02 15:21
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Rigrodsky & Long, P.A. announces that it has filed a class action lawsuit in the United States District Court for the Southern District of New York on behalf of all persons or entities who purchased or otherwise acquired the common stock of IntraLinks Holdings, Inc. between February 17, 2011 and November 10, 2011, inclusive, alleging violations of the Securities Exchange Act of 1934. The case is entitled Thaler v. IntraLinks Holdings, Inc., C.A. No. 11-CV-9528 (S.D.N.Y.). The Complaint names IntraLinks and certain of its officers and directors as defendants.
If you wish to view a copy of the Complaint, discuss this action, or have any questions concerning this notice or your rights or interests, please contact Timothy J. MacFall, Esquire or Noah R. Wortman, Case Development Director of Rigrodsky & Long, P.A., 919 North Market Street, Suite 980 Wilmington, Delaware, 19801 at (888) 969-4242, by e-mail to info@rigrodskylong.com, or at: http://www.rigrodskylong.com/news/intralinks-il.
IntraLinks, together with its subsidiaries, provides software-as-a-service (SaaS) solutions for securely managing content, exchanging critical business information, and collaborating within and among organizations worldwide.
The Complaint asserts that during the Class Period, defendants knew, or recklessly disregarded, that the positive statements concerning the Company’s business prospects, as well as the full year guidance provided by Defendants on February 17, 2011, were materially false and misleading because by end of the first quarter of 2011 a large Enterprise customer informed the Company that it was dramatically reducing its use of IntraLinks’ products going forward and that the Company would have to reducing its earnings expectations as a result. Despite their knowledge of the foregoing, however, defendants failed to disclose that their positive statements about the Company’s business prospects, or the financial guidance issued in February 2011, were no longer accurate in light of the reduced use of the Company’s products by the large Enterprise customer.
If you wish to serve as lead plaintiff, you must move the Court no later than February 4, 2012. A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member’s claim is typical of the claims of other class members, and that the class member will adequately represent the class. Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. Any member of the proposed class may move the court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.
Rigrodsky & Long, P.A., with offices in Wilmington, Delaware and Garden City, New York, regularly litigates securities class, derivative and direct actions, shareholder rights litigation and corporate governance litigation, including claims for breach of fiduciary duty and proxy violations in the Delaware Court of Chancery and in state and federal courts throughout the United States.
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