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Farmers Insurance Settles Class Action Lawsuit
Topics | 2011/12/02 10:05
Farmers Insurance entered into a settlement of a nationwide class action lawsuit, In Re Farmers Med-Pay Litigation, pending in the District Court of Canadian County, Oklahoma. The settlement includes Farmers Insurance Company, Inc., Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, Farmers Group, Inc., Illinois Farmers Insurance Company, and certain related entities. The Court entered a final order approving the settlement on November 29, 2011.

Plaintiffs alleged that Farmers failed to pay reasonable expenses for necessary medical services related to automobile accidents under Medical Payments and Personal Injury Protection (PIP) coverage in automobile policies based on Farmers' use of certain claim adjustment systems and procedures. Farmers denies all of Plaintiffs' claims in the lawsuit. However, Farmers agreed to resolve the lawsuit to avoid the burden and expense of continued litigation.

The Settlement Class includes all persons who submitted claims for payment of medical bills related to an automobile accident under Med-pay or PIP coverage if (a) the claim was adjusted from January 1, 2001 to February 9, 2009 based upon a recommended reduction from Zurich Services Corporation (ZSC), (b) the claim was paid at less than the amount billed, and (c) total Med-pay or PIP payments were less than the respective limits of coverage. The Class also includes medical providers who were assigned the right to assert these claims.

Those affected by this settlement must complete and submit a valid claim form postmarked no later than December 29, 2011. Further information and claim forms can be obtained by visiting www.MedpayClaimsAdministration.com.


Man tied to Ohio Craigslist case appears in court
Law Firm News | 2011/12/01 10:04
A suspect in a deadly Craigslist robbery plot was wheeled into court in an unrelated case Thursday, his head bobbing rhythmically, and he later ignored questions about the mounting body count and his relationship with a teen murder suspect.

Richard Beasley, unshaved and dressed in a white and gray striped jail outfit, didn't speak and kept his head down as Summit County Common Pleas Judge Tammy O'Brien revoked his bond on a drug-trafficking charge.

The legal problems faced by Beasley, a self-styled chaplain and youth mentor, are mounting: His attorney said a prostitution case involving the 52-year-old Beasley and a 17-year-old boy would be upgraded with a racketeering charge Friday.

The drug and prostitution cases in Akron are unrelated to a widening Craigslist homicide investigation.

Investigators say someone trying to lure robbery victims posted a bogus ad on Craigslist touting a cattle farm job in southeast Ohio.

Authorities have linked two bodies and the shooting of a man who survived to the scheme, which targeted single, out-of-work men in their late 40s or early 50s. The investigators heading up the Craigslist inquiry also found a third body but have yet to link it to the case.

A 16-year-old boy, Brogan Rafferty of nearby Stow, faces juvenile charges of aggravated murder, complicity to aggravated murder, attempted murder and complicity to attempted murder in the death of one man and the shooting of another.


NY court hears hedge fund boss' bail arguments
Law Center | 2011/12/01 02:04
A federal appeals court did not immediately rule Wednesday whether hedge fund founder Raj Rajaratnam must report to prison next week for an 11-year sentence for insider trading, the longest term ever given for the crime.

Attorney Patricia Millett told the 2nd U.S. Circuit Court of Appeals in Manhattan that Rajaratnam should remain free on bail while the appeals court hears a challenge to his conviction in the biggest insider trading case in history.

Rajaratnam, 54, was sentenced in October after his conviction this year on charges that he engaged in insider trading from 2003 through October 2009 at the Galleon Group of hedge funds that he founded. Prosecutors said insider trading schemes involved the stocks of at least 19 different public companies and resulted in at least $70 million in illegal gains.

Rajaratnam was also ordered to forfeit $53.8 million and to pay a $10 million fine.

Millett said court papers filed to secure wiretaps that provided evidence crucial to his conviction were improperly made, raising a substantial question of law that entitles him to remain free until the appeals court hears the case sometime next year.


Calif. salon shooting suspect due for arraignment
Law Firm News | 2011/11/29 09:47
A man charged with killing his ex-wife and seven others in a shooting rampage at a Southern California hair salon was due back in court Tuesday.

Scott Dekraai was expected to be arraigned in Orange County Superior Court on eight counts of murder and one count of attempted murder. Prosecutors are seeking the death penalty.

Dekraai put on a bulletproof vest and took three handguns to a nearby beach where he pondered shooting his former wife Michelle Fournier, prosecutors said. He then allegedly headed to Seal Beach, bursting into Salon Meritage where Fournier worked and shot eight people in the head and chest in a two minute rampage. Only one of the victims survived.

He then walked out and shot to death a man sitting in his car in the parking lot before driving away, prosecutors said.

After his arrest a few blocks away, Dekraai told police that he shot Fournier, her friend and the salon's owner who headed toward him with scissors, and a number of others whom he saw as collateral damage, court papers showed.


Thomas, Kagan asked to sit out health care case
Headline News | 2011/11/29 09:13
Conservative interest groups and Republican lawmakers want Justice Elena Kagan off the health care case. Liberals and Democrats in Congress say it's Justice Clarence Thomas who should sit it out.

Neither justice is budging — the right decision, according to many ethicists and legal experts.

None of the parties in the case has asked the justices to excuse themselves. But underlying the calls on both sides is their belief that the conservative Thomas is a sure vote to strike down President Barack Obama's health care law and that the liberal Kagan is certain to uphold the main domestic achievement of the man who appointed her.

The stakes are high in the court's election-year review of a law aimed at extending coverage to more than 30 million people. Both sides have engaged in broad legal and political maneuvering for the most favorable conditions surrounding the court's consideration of the case.

Taking away just one vote potentially could tip the outcome on the nine-justice court.

Republican lawmakers recently have stepped up their effort against Kagan, complaining that the Justice Department has not fully revealed Kagan's involvement in planning the response to challenges to the law. Kagan was Obama's solicitor general, the administration's top Supreme Court lawyer, until he nominated her to the high court last year.


Federal Court of Canada Certifies Class Action
Court Watch | 2011/11/28 09:13
Branch MacMaster LLP and Hordo Bennett Mounteer LLP report that the Federal Court of Canada has certified the BIM Class Action against Business in Motion International Corporation and Alan Kippax. By order dated November 10, 2011 , Mr. Justice Rennie of the Federal Court officially certified the action on behalf of the national class, as represented by the Plaintiff, Mr. Mark Cuzzetto .

The lawsuit was initiated in May, 2010 against BIM and its principal, Alan Kippax. BIM operated a plan called the Time Leverage System, recruiting representatives to sell Perpetual Motion Products. The lawsuit alleges that the Defendants have been engaged in the operation of an unlawful multi-level marketing scheme and/or pyramid scheme contrary to the Competition Act. The class members seek damages for the money they paid to the Defendants.

Persons who have purchased the product and who wish to participate in the action do not need to do anything at this time. Persons who do not want to participate in the action must opt out by January 18, 2012 by completing the online form on the website.

Bim CLASS ACTION

DID YOU PURCHASE A PERPETUAL MOTION PRODUCT FROM OR THROUGH BUSINESS IN MOTION INTERNATIONAL CORPORATION? IF SO, PLEASE READ THIS CAREFULLY AS IT MAY AFFECT YOUR RIGHTS.



WHAT IS THIS CASE ABOUT?

A class action lawsuit has been certified in the Federal Court of Canada claiming that Business in Motion International Corporation and Alex Kippax (BIM) ran an illegal pyramid scheme and an illegal multi-level marketing scheme. A copy of the Statement of Claim and Order certifying the action as a class proceeding can be found at www.BIMclassaction.com.

HOW WILL THE LAWSUIT PROCEED?

A trial will be held to determine the common issues in the action.nbsp; If these issues are determine in favor of the class members, there might still need to be individual hearings to determine the entitlement of each class member to a refund.

WHAT DO I HAVE TO DO TO PARTICIPATE?

There is nothing you have to do right now. Unless you opt out, you will be bound by the result of the common issues trial. However, in order to make sure you are notified of any important developments in the action, we recommend you register on our website at www.BIMclassaction.com.

WHAT IF I DO NOT WANT TO PARTICIPATE IN THIS LAWSUIT?

If you do not want to be part of the class action, you must complete the online form at www.BIMclassaction.com.nbsp; If you do not have access to the internet, please contact Ulla Herlev at Branch MacMaster LLP. You must complete the online form by no later than January 18, 2012 .

DO I NEED TO PAY ANYTHING?

You will only need to pay legal fees if the action is successful in obtaining you a refund of some of the monies you paid.nbsp; Those legal fees will be paid directly from the refund you receive.nbsp; You will not need to pay any legal fees out of your own pocket.

Any fee paid to the lawyers must be approved by the Court as being fair and reasonable. The fee agreement entered into by the representative plaintiff provides for the lawyers to be paid up to 1/3 of any amounts recovered or any benefit obtained from the class action. If and when this occurs, the lawyers will apply to Court for approval of that percentage or some lesser amount.

If the class action is unsuccessful at the common issues trial, you will not pay any legal fees.

WHO ARE THE LAWYERS FOR THE CLASS?

The lawyers for the class are:

BRANCH MACMASTER LLP
Barristers and Solicitors
1410 - 777 Hornby Street
Vancouver , BCnbsp; V6Z 1S4

HORDO BENNETT MOUNTEER LLP
Barristers and Solicitors
1400 - 128 West Pender St.
Vancouver , BCnbsp; V6B 1R8

Mark Cuzzetto (the representative plaintiff) has been appointed by the Court to instruct the lawyers for the common issues stage. The lawyers must act in the interest of all class members.


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