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Should Aggregate Settlements Be Subject To Judicial Review?

An aggregate settlement and a class action settlement are often mistaken for the same thing in non-legal circles, since they both involve settling the claims of multiple plaintiffs all at once. However, a large distinction between aggregate and class action settlements is the requirement that class action settlements must be subjected to judicial scrutiny, while aggregate settlements do not. The underlying facts from the recent case of Johnson v. Nextel Communications, Inc., 660 F.3d 113 (2d Cir. 2011) questions the wisdom of this distinction, and begs the question, should aggregate settlements be subjected to judicial review too? An aggregate settlement is one...

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Call The SEC About Suspected Financial Fraud

You may have seen the recent public service announcements with Michael Douglas, channeling his famous role from the movie Wall Street, where he played Gordon Gekko, encouraging anyone knowing about insider trading, or other suspected financial fraud, to report this crime to the FBI. If not, here’s the public service announcement. While we encourage anyone knowing of insider trading or other financial fraud to contact authorities to share what you know about these crimes, it most likely is not in your financial best interest to share your tips, as a whistleblower, with the FBI. That is because when you become a whistleblower...

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Court Sends Message That Form Doesn’t Trump Substance

One of the things that aggravate many people is that high priced corporate lawyers seem to find legal loopholes in almost any regulation designed to protect the public or investors. Then, they use these loopholes to make it appear they are following the rules, but it is only in form, not in substance. We, as securities fraud attorneys, understand that aggravation. However, a recent case in Delaware, the home of many corporations, appears to be saying enough to to these legal shenanigans, if the recent case of In re Southern Peru Copper Corporation Shareholder Derivative Litigation is any indication. In that case...

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Court Ruling a Roadblock for Class Action Lawsuits

Matthew Wolf was a captain in the Judge Advocate General Corps of the Army Reserves is 2007 when was called to duty in Afghanistan. He was about a year into his 39-month lease for his Nissan Infiniti and, according to the Servicemembers Civil Relief Act, he was entitled to get back the $400 he’d paid in advance on his future monthly installments. But Nissan didn’t respond. Wolf’s lawyer filed a lawsuit in 2010 in Federal District Court, New Jersey, on behalf of Wolf and any other service member with a similar claim against Nissan. However, the lawsuit ran into a roadblock in...

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Richard Lowe Dies After Falling From Grain Bin During Inspection

The owner of a company that inspects and repairs old farm structures died Wednesday after being struck by a piece of machinery and falling from a grain bin.  69-year old, Richard B. Lowe, of Darlington fell to his death from a grain bin Wednesday afternoon at Davidson Farm, 5496 S. C.R. 310 E., Crawfordsville.  Around 2:30 p.m. on May 30, Ladoga Rescue responded to the call at Davidson Farm and contacted the Sheriff's Department and Coroner shortly after arriving. According to Chief Deputy Ryan Needham, Richard Lowe fell roughly 35 feet from the roof and struck his head.  On Wednesday, Lowe...

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Rear End Collision Involving Two Semi’s on Interstate 70 Result in Two Deaths

A semi driver and his passenger were killed after a fiery crash involving two semitrailers on Interstate 70 just east of Indiana 46.  The crash occurred about 5 p.m. in the eastbound driving lane. According to a preliminary investigation, an eastbound semitrailer had slowed for construction zone traffic when it was suddenly struck from behind by a second semitrailer, which apparently failed to slow down, according to Indiana State Police Sgt. Joe Watts. The second (rear) semi caught fire and part of the cab detached.  Both the driver and the passenger in the second semitrailer were pronounced dead at the scene.  The...

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Semi Rear-Ends SUV Resulting in Interstate 65 Crash

Five people were injured in a three-vehicle crash on Interstate 65 about two miles north of the Indiana 46 exit.  According to Indiana State Police reports, a trooper was making a traffic stop on the northbound shoulder at about 4:20 p.m. near the 70 mile marker.  A car, SUV and tractor-trailer merged into the left lane to yield to the trooper. The semi, driven by Padlo Mariusz, 44, of Arlington Heights, Ill. struck the rear of the SUV which was being driven by Kelly C. Bowers, 49, of Edinburgh.  According to police reports, the SUV rolled, ejectin two of the passengers before...

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Regulations for Distracted Truck Drivers

A distracted driver is always dangerous on the road, but that is especially true when the person is driving a large and heavy vehicle, such as an over-the-road truck and trailer. These types of vehicles, because of their large size, are inherently dangerous machines to operate, both for the driver and for those on the road with the vehicle. One of the most common distractions these days for all drivers is talking on a cell phone, or even texting while driving. Statistics show that distracted driving can cause injuries, and even fatalities, either for the person distracted, or for someone else...

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Starr Austen & Miller Investigates Facebook IPO And Potential Securities Fraud

Mario Massillamany  announced today that the firm is investigating the recent Facebook IPO and any possible securities fraud that occurred before, during and/or after the process. Mario Massillamany said “If someone acquired or purchased shares of Facebook common stock (FB) during the Facebook IPO on May 18, 2012, or soon thereafter, we advise they contact a securities fraud attorney to help determine their rights to recovery.” According to the Wall Street Journal, the $16 billion IPO stock’s initial public offering on May 18th was at $38 per share. Before the IPO occurred on May 9th, during the investor roadshow, Facebook filed...

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Arson Charges Dismissed Against Grissom Airmen Benjiman Durr

Mark Fryman Jr. of the Logansport law firm of Starr, Austen & Miller, LLP, is pleased to announce today that the arson charges against his clients, Air Force Staff Sergeant Benjiman Durr and his wife, Wendy Durr have been dismissed by Cass County Prosecutor Kevin Enyeart in the State of Indiana v. Wendy Durr, Cause No. 09D02-1201-FC-000004 and State of Indiana v. Benjiman Durr, Cause No. 09D02-1201-FC-00003. Air Force Staff Sergeant Benjiman Durr worked as a Security Officer at Grissom Air Force Base in Peru, Indiana and was a member of the Honor Guard.  The mission of the U.S. Air Force...

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