Judge nixes claim in Heath Ledger tape lawsuit Sep 4, 2008
He allowed attorneys to file an amended complaint that could restore some of the claims. advertisement. (MSNBC -- News)
Action Against Mortgage Broker Proceeds Aug 30, 2008
"The Court concludes that the Amended Complaint sufficiently alleges that CCC engaged in conduct, as well as made representations to plaintiffs, that created a fiduciary relationship with plaintiffs," the judge wrote. He also declined to dismiss a cross-claim against Custom Capital brought by AmNet on contractual indemnity and common law contribution grounds. (Law.com)
Thorp Reed Gets Italian Firm Out of Class Action Aug 26, 2008
According to the plaintiffs' third amended complaint, Parmalat allegedly defrauded investors by concocting "a series of transactions whose aim was to show the investing public that the company had profits and assets that, in fact, did not exist" via the use of bogus bank accounts, forged financial records and the manipulation of Parmalat's balance sheet. Zini established Pavia's New York office and moved there, the plaintiffs alleged, "because New York is the world's financial center (which... (Law.com)
Lawsuit against village adds new count to suit Aug 24, 2008
PEKIN After two motions to dismiss by the Village of North Pekin were denied, a local land developer has filed an amended complaint to his lawsuit against the village ... An amended complaint was filed Aug. 21 to add a second count alleging that this rejection constitutes a breach of contract on the village's part. (Pekin Times, IL)
Different sort of trouble for "Girls Gone Wild" founder Aug 20, 2008
In June, the women's lawyers filed an amended complaint to ask to make it a class action. These legal disputes have kept Francis in and out of court. (International Herald Tribune -- Technology)
Yale Defamation Lawsuit Becomes a Case of Mistaken Identity for Texas Attorney Aug 16, 2008
However, attorneys for the Doe I plaintiffs had not filed another amended complaint clarifying the defendant's identity before Texas Lawyer's press time on Aug. 14. In their second amended complaint, filed Aug. 5, the Doe I plaintiffs for the first time identified one of the anonymous Internet writers whom the plaintiffs claim sexually harassed them ... The amended complaint identifies defendant Ryan as "a citizen of Texas residing in Austin" and alleges he made untrue sexually crude and... (Law.com)
Lawsuit Over Politicized DOJ Hiring Expands Aug 16, 2008
Dan Metcalfe, who retired last year as a top Justice Department official, filed an amended complaint at the U.S. District Court for the District of Columbia Friday morning ... The original complaint named the Justice Department as the defendant, but the amended complaint names former Attorney General Alberto Gonzales and department officials Monica Goodling, Michael Elston and Esther McDonald in their individual capacities. (Law.com)
Responding to Former Client's Lawsuit, Reed Smith Denies Churning Fees Aug 15, 2008
Pietragallo said he insisted a copy of Reed Smith's bills be attached to the plaintiff's amended complaint because they are just one way Reed Smith can demonstrate it was candid and reasonable in its billing practices. The complaint also alleges that Reed Smith failed to advise Bair to notify its insurance carrier of the discrimination suit. (Law.com)
Bid to Seal Records in $2.5 Billion Lawsuit Rejected Aug 14, 2008
Noting that he did not have the authority to apply the more liberal sealing standard used by the federal courts, Supreme Court Justice Herman Cahn rejected a lender's bid to keep sealed an amended complaint and other documents designated "confidential," even though the company had prevailed in an earlier effort to dismiss the action ... In May, L.K. filed an amended complaint, based in part on information contained in six documents designated as confidential ... L.K. filed the amended complaint... (Law.com)
2nd Circuit Sets Standard for Anonymous Suit Filings Aug 14, 2008
Mordue then sua sponte instructed the plaintiff to file an amended complaint under her real name, saying New York's Rape Shield Law does not allow the use of pseudonyms and the Federal Rules of Civil Procedure require both that "all the parties" to a lawsuit be named [Rule 10 (a)] and that a "real party in interest" prosecute the action [Rule 17 (a). Mordue also required that any amended complaint allege the personal involvement of two defendants, specifically identify two defendants, state a... (Law.com)
A year after accident, monster truck lawsuits pending Aug 9, 2008
Note: On Dec. 27, 2007, Hessler's attorneys filed an amended complaint with 12 counts. Negligence, wanton and willful conduct and loss of consortium were alleged individually against Busca, DeKalb County Auto Parts Inc., Genuine Auto Parts Co. and NAPA. An unspecified amount no less than 50,000 for each count has been requested. (DeKalb Daily Chronicle, IL)
(More)Hieronymus: We've reached our limit.' Aug 9, 2008
On July 24, LaSalle County Circuit Judge Joseph Hettel granted a motion to dismiss Hieronymus third amended complaint against the Bureau County Board for cutting 18,000 from her clerk hire budget. The judge dismissed the third amended complaint with prejudice, meaning there couldn t be a fourth amended complaint. (Princeton Bureau County Republican, IL)
Court Grants Limelight Networks' Motion to Dismiss in Shareholder Lawsuit Aug 9, 2008
The Court dismissed the claims under Section 12(2) of the Securities Act of 1933 with prejudice, and dismissed the claims under Section 11 and 15, giving plaintiffs the opportunity to file an amended complaint as to those. About Limelight Networks, Inc.. (Yahoo! Wire -- Entertainment News)
Man charged in marijuana smuggling Aug 7, 2008
Brian Wayne Wilson, 35, of Sallisaw was charged July 29 in U.S. District Court in the Western District of Texas on an amended complaint of conspiracy to distribute marijuana and possession of marijuana. He posted a 20,000 bond July 31 from the El Paso, Texas, County Jail - the same day that he waived his right to a preliminary hearing, court records indicate. (Sallisaw Sequoyah County Times, OK)
Fairfax Financial Says IRS Closed Tax Returns Examination Without Changes Jul 31, 2008
In a March 27 amended complaint in the court case, Fairfax said ICP's accusation about Odyssey is wrong because so-called 13-F SEC filings can count the same shares more than once and don't accurately reflect outstanding shares. Institutional investment managers who control $100 million or more in equity securities are required to file 13-Fs quarterly with the SEC.. (Bloomberg -- Canada)
Islamic Charity Files New Wiretap Complaint Against Feds Jul 30, 2008
Charles Miller, a spokesman for the Justice Department's civil division, said that the DOJ was reviewing the amended complaint and declined to comment further. Evan Lee, a professor at Hastings College of the Law and a federal court specialist, said he was uncertain whether the complaint would now succeed. (Law.com)
A bad day for Hieronymus Jul 26, 2008
Those were the words spoken late Thursday morning in the LaSalle County Courthouse by Bureau County Clerk Kami Hieronymus, moments after Circuit Judge Joseph Hettel granted a motion to dismiss her third amended complaint against the Bureau County Board. The third amended complaint was dismissed with prejudice, meaning there won t be a fourth amended complaint. (Princeton Bureau County Republican, IL)
Rejection Of the Month Jul 26, 2008
"The specific claims it alleges are difficult to identify.... The Court orders that Plaintiffs file an amended complaint with an emphasis on brevity and clarity." The hotel was purchased last year by a team led by Fred Cordova; Pregerson ordered them to re-submit their complaint by Aug. 25. They filed suit this year to challenge the city Housing Department's designation of the Cecil as a residential hotel. (Los Angeles Downtown News, CA)
Court rules casino is a `vessel' for legal claim Jul 26, 2008
The district then filed an amended complaint asking for $20. 6 million in unpaid rent, $1. (AL.com)
Detroit Mayor Accused Of Texting Additional Women Jul 23, 2008
The amended complaint was signed by a district court magistrate and changes a misconduct-in-office charge and a perjury charge. The misconduct-in-office charge alleges that Kilpatrick authorized the city to prevent the release of text messages containing intimate or romantic messages to women other than his wife or Beatty. (CBS News -- US)
Lead Plaintiff Pick Rejected as Merely 'Pawn of Counsel' Jul 17, 2008
"However, Mr. Alston then testified that he did not know the name of the stock at issue in this case, did not know the name of either individual defendant, did not know whether STA-ILA ever owned Monster stock, did not know if an amended complaint had been filed, did not know whether he had ever seen any complaint in the action," and knew nothing of other basic aspects of the suit, the judge said. Once plaintiffs' counsel was "confronted with this appalling testimony," Rakoff said, they made... (Law.com)
Canada's Wi-Lan Sues LG Electronics for Mobile Phone Patent Infringement Jul 5, 2008
The defendants are aware of the patents and continue to infringe, Wi-Lan said in its amended complaint, filed in Marshall, Texas. Wi-Lan is seeking an injunction to stop use of the technology and unspecified damages. (Bloomberg -- Canada)
County board says let it go Jul 5, 2008
On Monday, Springfield attorney Gary Smith, representing the county board, filed a motion to dismiss Hieronymus third amended complaint, saying Hieronymus third amended complaint is basically the same as the second amended complaint ... In her third amended complaint, Hieronymus compared her budget decrease of 14 percent to other county departments, some of which even saw increases in their budgets. (Princeton Bureau County Republican, IL)
Judge Dismisses Tax Collectors Suit Once Again Jul 4, 2008
In April of 2007, Judge Howsare dismissed the complaint without prejudice, which allowed attorney Papa to go back to the drawing board and refile an amended complaint. The ruling made this month was dismissed with prejudice, meaning the only way to continue forward with the matter would be to appeal through the Pennsylvania Superior Court. (Fulton County News, PA)
Firms' Request for NSA Records of Guantanamo Client Communications Dismissed Jul 3, 2008
They later filed an amended complaint in November 2007 asking Cote to declare the refusal to disclose unlawful and order the production of the records. Cote explained that the government had given a so-called "Glomar Response" to the request. (Law.com)
Malpractice Suit Against Kaye Scholer Alleges Discovery Foul-Ups Jun 27, 2008
In a 33-page amended complaint filed Wednesday in the U.S. District Court for the Northern District of Texas, Celanese said it only paid such a large settlement because Kaye Scholer's failure to turn over hundreds of thousands of documents to the plaintiffs had exposed Celanese to draconian trial sanctions. "The negligence and malpractice of Kaye Scholer and the consequences of that negligence caused the chances of Celanese's prevailing at trial to decrease dramatically," the company said. (Law.com)
McNamee's lawyers plan new motion to dismiss Jun 25, 2008
On June 3, U.S. District Judge Keith P. Ellison granted McNamee's request for an extension of time and gave him until July 2 to answer Clemens' amended complaint. "We're just working away," Emery said Tuesday. (SportsIllustrated.CNN -- MLB)
Woman accused of posing as abortion doctor Jun 22, 2008
Prosecutors filed an amended complaint May 28, alleging that he was involved in an incident with a second minor between Oct. 15 and Nov. 30, 2007. A preliminary hearing is set for July 1. (San Diego Union-Tribune)
Third time's the charm Jun 21, 2008
On Wednesday, Bureau County State s Attorney Patrick Herrmann filed a third amended complaint against the Bureau County Board on behalf of Hieronymus ... In Wednesday s amended complaint, Herrmann said Hieronymus has employed seven deputy clerks since starting her job as county clerk in 1996. (Princeton Bureau County Republican, IL)
New charges possible in drive-by shooting Jun 19, 2008
It (the amended complaint) is pretty substantial and obviously, these are pretty serious charges, District Judge Jeff Herron said during the hearing. The continuance will allow the preliminary hearing and a motions hearing to be held at the same time. (Montrose Daily Press, CO)
Suit Against N.J. Acutrim Packager Can Proceed Jun 11, 2008
and other defendants involved in manufacture, packaging and distribution of products containing PPA. An amended complaint added Steritek, of Moonachie, N.J., to which J.B. Labs shipped the finished tablets in bulk. Steritek did not sell Acutrim but only put the tablets in "blister" packaging, labeled the boxes, put the boxes into cartons and shipped them to an out-of-state distribution center. (Law.com)
Lawyer For Man Who Sued Omaha Archdiocese Said Appeal Likely Jun 10, 2008
Claar alleged in an amended complaint that Nebraska's statute of limitations of four years on personal injury claims is unconstitutional. Chaloupka says that typically, constitutional challenges end up in the appellate courts before they are resolved. (7 KETV Omaha)
County clerk gets another day in court Jun 7, 2008
Bureau County Clerk Kami Hieronymus appeared Thursday morning in LaSalle County Court for a hearing on her second amended complaint filed against the county board for cutting 18,000 from her clerk hire budget ... On Thursday, Circuit Judge Joseph Hettel allowed a motion to dismiss the first count of Hieronymus second amended complaint against the county board ... However, Hettel allowed Hieronymus attorney, Bureau County State s Attorney Patrick Herrmann, to come back with a third amended... (Princeton Bureau County Republican, IL)
Episcopal Church: Deposed Bishop Tried to Transfer Titles in Bakersfield Jun 5, 2008
In an amended complaint filed Monday in Fresno County Superior Court, the church and the Diocese of San Joaquin also asked the court to return to them any money the deposed bishop might have transferred from accounts held by Merrill Lynch. Merrill Lynch froze the accounts in question on Tuesday. (KERO 23, CA)
County files motion to dismiss Jun 5, 2008
PRINCETON The Bureau County Board has filed a motion to dismiss the second amended complaint filed against it by Bureau County Clerk Kami Hieronymus. Hieronymus second amended complaint is based on the October 2007 board decision to cut 18,000 from Hieronymus clerk hire budget ... The first amended complaint was filed in April and dismissed in May. (Princeton Bureau County Republican, IL)
Microsoft Offered $40 Per Share for Yahoo, Unsealed Papers Show Jun 3, 2008
Yang used his power as CEO ``to delay, to refuse to negotiate in good faith and to erect roadblocks'' to Microsoft's bid, investors said in an amended complaint. Chancery Judge ruled yesterday that Sunnyvale, California-based Yahoo couldn't keep parts of the complaint secret. (Bloomberg)
Yahoo rejected Microsoft offer in 2007 Jun 3, 2008
Welcome to The Sydney Morning Herald. Skip directly to: Search Box, , , Text Version. (Sydney Morning Herald -- Business)
NYC's Nuisance Action Proceeds Against Ga. Gun Retailer May 22, 2008
Weinstein sharply disagreed, stating, "The court interprets the amended complaint as not requesting fines and penalties, but injunctive relief. The court has no discretion because this is an equity case. The rule is quite clear: the court can empanel, and must empanel, an advisory jury only ... when both sides do not consent to a constitutional jury.". When Renzulli continued to press Weinstein on his holding in Beretta, which earlier this month , the judge cut him off. (Law.com)
Clothes dryer charges amended; Stephen W. Ray Jr. now faces three counts, Nicole M. Eberhart still faces two May 22, 2008
In an amended complaint filed by the Camden County Prosecuting Attorney's office, Ray is facing two counts of child endangerment and one child abuse charge. The original court documents filed against Ray and Eberhart indicate they told investigators the incident was for fun. (Camdenton Lake Sun Leader, MO)
Amended lawsuit claims Bennett breached contract May 22, 2008
In the amended complaint, Schultz says his Basketball Club of Seattle sold the Sonics to Bennett's Professional Basketball Club LLC only because of a side letter Schultz required as part of the sale ... The amended complaint also alleges Bennett merely "went through the motions" of trying to find a new home for the Sonics in the Seattle area and floated a totally unreasonable proposal for a $500 million building in the suburb of Renton that Bennett at the time said would be the most expensive... (ESPN -- Golf News)
Judge hears arguments over Yahoo records May 21, 2008
Indeed, plaintiffs' pattern and practice of litigating this case in the press alone justifies the redactions of Yahoo's nonpublic information from the proposed amended complaint, Welch wrote. Recommend this article. (Globe and Mail)
County's debt rating improves May 21, 2008
FACT this month filed an amended complaint to its ongoing lawsuit against the drink tax, seeking to have its case certified by the court as a class action on behalf of all 1,931 county liquor license holders. Kevin Joyce, proprietor of The Carlton restaurant and a member of FACT, said Mr. Onorato is "playing politics instead of being a leader for the county.". (Pittsburgh Post-Gazette, PA)
Pension Funds Howl At Yahoo! May 17, 2008
Significant portions of the public version of the amended complaint, filed late Thursday, were edited out at Yahoo. s request, according to the funds' claim. (New York Post -- Business)
Yahoo Suits Not Strong, Experts Say May 13, 2008
The Detroit funds' amended complaint, Lebovitch says, will be a more pointed demand for monetary compensation for shareholders now that talks between Microsoft and Yahoo have ended. After the initial filing, "there was always a chance (Yahoo's) board would do the right thing by shareholders," he said. (Investors Business Daily)
Coach's motion to dismiss denied; parties back in court Thursday May 8, 2008
Tuttman did partially grant Chernovetz s motion to strike certain elements of Michael Morris amended complaint, in which he not only seeks the injunction but damages on three claims: assault, intentional infliction of emotional distress and civil-rights violations (the interference with Timothy Morris schooling). The judge eliminated from the case the attachment of a 24-page 1997 Connecticut arrest-warrant application, a portion of which reports Chernovetz s interview with police during the... (Marblehead Reporter, MA)
Rather details injuries in lawsuit against CBS May 8, 2008
The judge said the veteran newsman could submit an amended complaint. Gold said the new papers, filed Wednesday in Manhattans state Supreme Court, detail the injuries that Rather claims. (MSNBC -- News)
Fraser enters not guilty plea May 8, 2008
Assistant District Attorney Michael Knowles has filed an amended complaint, which spells out Fraser's alleged crimes in further detail. The revised document has eight counts, including. (The Union Democrat)
Hieronymus complaint dismissed May 6, 2008
OTTAWA The amended complaint in the Kami Hieronymus versus Bureau County Board case has been dismissed ... However, Hettel did allow Herrmann to file another amended complaint on behalf of his client ... In looking at the possibility of another amended complaint, Hettel said he didn t know, at this time, what else could be presented to make for a different outcome. (Princeton Bureau County Republican, IL)
Judge denies motions to dismiss lawsuit against city May 3, 2008
Contained in the amended complaint is a copy of a settlement agreement to buy out This Day Forward s Feb. 2005 contract. On Aug. 1, 2005, the Marion City Council voted to approve the settlement and Mayor Robert Butler signed the agreement. (Marion Daily Republican, IL)
County wants suit dismissed May 2, 2008
PRINCETON The Bureau County Board wants the amended complaint filed against it by Bureau County Clerk Kami Hieronymus to be dismissed ... Hieronymus amended complaint, filed April 2, stems from the county board s action in October 2007 approving the 2008 fiscal year budget, which cut 17,000 from Hieronymus clerk hire line ... No cause of action exists for an unhappy county clerk to sue the county board for additional funding, and the amended complaint, in its present form, does not allege... (Princeton Bureau County Republican, IL)
APNewsBreak: Ex-Oral Roberts Professors Ask School For $2.5M Apr 23, 2008
The Brookers remained as plaintiffs, and filed an amended complaint that added as defendants the individual members of school's board of regents. Earlier this month, a district judge ruled that the Brookers' lawsuit against the university would be allowed to proceed. (CBS News -- US)
Alliance plans to dismiss Apr 23, 2008
On July 1, GACH and Phoebe plan to dismiss their amended complaint, the motion states. The Georgia Society of General Surgeons, of which Albany surgeon Dr. John Bagnato is a member, did not seek to intervene in the suit, though the Medical Association of Georgia did, stating in January its support for DCH s ruling that general surgery was a single specialty. (Albany Herald)
Case centers on actress's remarks about mother on television show Apr 19, 2008
In an amended complaint in which her attorneys seek to add defendants, Arthur contends that Stern also engaged in a conspiracy using Internet bloggers and various Web sites to destroy her reputation ... "Using the latest in electronic communication and jumping into the blogosphere, the conspirators set out to destroy Virgie," the amended complaint alleges. (Houston Chronicle)
Oracle to expand SAP lawsuit Apr 19, 2008
Oracle said it plans to file a second amended complaint against SAP and TomorrowNow that will reveal "a pattern of unlawful conduct that is different from, and even more serious than," the conduct described in its initial complaint ... Oracle said it hopes SAP will agree to its filing the amended complaint, otherwise it will amend the new charges to the current one. (InfoWorld)
Dynamic Building embroiled in lawsuit with carpenters union Apr 16, 2008
of Warrendale, has accused the Greater Pennsylvania Regional District Council of Carpenters of publishing a "slanderous Web site" and other materials with malicious falsehoods, disparaging its work, according to documents in an amended complaint filed late last month in the Allegheny County Court of Common Pleas. The initial complaint was filed in January. (Pittsburgh Business Times, PA)
Woman Sues Victoria's Secret Over "Unsafe" Bra Apr 5, 2008
An amended complaint reflects that the wound was "3 inches x 1/4 inch deep, resulting in scarring," according to the latest version of the lawsuit filed Friday. The attorney, Nathan Hughey, said that the original depiction of the wound was a "scrivener's error," a legal term for a clerical error in a legal document. (WTKR.com, VA)
Amended complaint is filed Apr 5, 2008
PRINCETON Bureau County State s Attorney Patrick Herrmann has filed an 18-page amended complaint against the Bureau County Board on behalf of his client, Bureau County Clerk Kami Hieronymus. The amended complaint, filed Wednesday in Bureau County Court, follows the March 4 decision by Circuit Judge Joseph Hettle to allow the county board s motion to dismiss Hieronymus original complaint, filed in October 2007 ... In Wednesday s amended complaint, Herrmann presented about 16 pages of... (Princeton Bureau County Republican, IL)
Suit alleges Cellini decided hiring, firing at 2 agencies Mar 31, 2008
The allegations, which also include retaliation against Gnutek, largely are based on "information and belief" and the filing an amended complaint that still must be approved by a judge does not include documentation of Gnutek's claims. But Gnutek's lawyer, John A. Baker of Springfield, said Wednesday that further evidence will be filed. (Crain's Chicago Business)
No more notes for top judge's secretary Mar 29, 2008
"We had one person who wanted to amend the complaint to add $34 in damages. It cost far more than that to serve the other party with the amended complaint.". Aspinall, born and reared in Westfield, Mass. (Florida Times-Union)
Drug Companies on the Hook for Off-Label Use of Generic Mar 22, 2008
" Neurontin was approved to treat epilepsy in 1993 and neuralgia in 2002, Bernstein said. Pfizer, a Delaware corporation, and Warner-Lambert Co., a limited liability company, merged June 19, 2000, according to the defense's answer to the plaintiffs' amended complaint. Bernstein granted class certification last June. The class involves all people who purchased Neurontin and gabapentin between 1995 and the present for medical conditions other than adjunctive therapy for epilepsy and management of... (Law.com)
Patent Attorneys Sue Cisco and Blogging In-House Lawyer for Defamation Mar 15, 2008
He says an amended complaint in ESN v. Cisco was filed on Oct. 16, 2007, simply to allow the plaintiff to attach a copy of the patent. Patton says Frenkel could have determined the suit was filed properly by calling the clerk's office, but instead the Cisco lawyer "just made the accusation" in the blog. (Law.com)
MedQuist Announces Entry Into Settlement Term Sheet Resolving South Broward Litigation Mar 15, 2008
On March 30, 2005, the action was transferred to the U.S. District Court District for the District of New Jersey and assigned Case No. 05-CV-2206-JBS- AMD. Plaintiffs filed a Third Amended Complaint on January 4, 2006. Under the settlement term sheet, the Company will pay $7,537,001. (PR Newswire)
Boy awarded $1.25 million in medical malpractice suit Mar 15, 2008
She died the following day, according to the amended complaint. Williams was diagnosed with end-stage kidney disease, meaning her kidneys were no longer working, Day said. (Columbia Daily Herald, TN)
Councilman amends lawsuitGonnelli, wife allege further harassment following 2005 grievance Mar 8, 2008
The suit "raises additional events and claims" that were "continued with severe consequences for the plaintiffs after the filing of the complaint and amended complaint." The revised suit was filed in federal court on Feb. 8. Started three years ago. (Hoboken Reporter, NJ)
Motion allowed to dismiss Hieronymus' case Mar 6, 2008
However, Bureau County State s Attorney Patrick Herrmann, representing Hieronymus, plans to file an amended complaint within the court-allowed 21 days, which is March 25 ... After giving Herrmann 21 days to file his amended complaint, the judge then gave Smith 14 days to respond to the amended complaint, before setting the 10 a.m. April 15 status hearing for the amended complaint. (Princeton Bureau County Republican, IL)
