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SD Supreme Court disciplines circuit judge
Law Center | 2011/05/19 09:07
The South Dakota Supreme Court has ruled that Circuit Judge A.P. Pete Fuller of Rapid City must retire or undergo a six-month suspension followed by strict probation for misconduct that involved mistreating lawyers, court personnel and others.

The Judicial Qualifications Commission had recommended that Fuller be removed from office or forced to retire because he repeatedly displayed a lack of courtesy and respect for lawyers and court staff.

The case marked the first time in the 121-year history of the South Dakota judicial system that the Supreme Court had been asked to remove a judge from the bench.

In a hearing last month, Fuller told the high court he is ashamed of his behavior but believes he could return to the bench and be an effective judge.


Mack Trucks, Volvo to pay $525M to settle suit
Court Watch | 2011/05/19 09:07
Mack Trucks Inc. and its parent, AB Volvo, will pay $525 million to settle a class-action lawsuit filed by more than 9,300 retirees of the North Carolina truck maker after they challenged potential reductions to their lifetime health benefits.

The Legal Intelligencer reported Tuesday that Senior U.S. District Judge R. Barclay Surrick gave preliminary approval of the settlement. A hearing is Sept. 7 to decide if the settlement is fair and reasonable.

The suit was filed in Michigan after Mack sought a ruling that lifetime benefits of its retirees were not vested and could be modified or eliminated. Both cases were consolidated in the Eastern District of Pennsylvania.

Mack reached an agreement with the UAW in May of 2009 on a voluntary employees beneficiary association, or VEBA, that would have the union oversee retirees' health benefits. Mack and Volvo agreed to fund it with $525 million, paid in five annual installments.

Mack said it expects the final approval of the VEBA in September.

The company also reported that deliveries nearly doubled in April from a year earlier with 1,608 trucks delivered from the 810 it recorded in April 2010, an increase of 99 percent.


Holland Hart adds 29 attorneys in Salt Lake City
Lawyer News | 2011/05/18 09:54
The law firm Holland amp; Hart recently added 29 attorneys to its Salt Lake City office.

The expansion expand the firm's natural resources and litigation practices, and brings the number of its Salt Lake attorneys to more than 80, according to the firm's press release.

We have found that Salt Lake City is a very solid center for business — we strongly believe in its future, said John Husband, chairman of the firm's management committee.

The firms' natural resources practice includes oil and gas, water, and climate change law.

The firm employees over 900, including 400 attorneys, in 15 offices throughout the West and an office in Washington, D.C.


Phillips Lytle plans move to Donovan
Firm News | 2011/05/18 09:54
Law firm Phillips Lytle LLP confirmed Tuesday it has selected the former Donovan State Office Building as its lead choice for relocating, with Benderson Development Co. as the developer and the firm occupying about half of the building.

David McNamara, the firm's managing partner, said Benderson will be submitting an adaptive re-use proposal to the Erie Canal Harbor Development Corp. to convert the aging, vacant building at 125 Main St. into the law firm's new headquarters.

The plan comes in response to a request for proposals for Donovan issued by the harbor panel May 2. Responses are due by 4 p.m. June 30, with the preferred developer to be designated by July 18. The project must be completed by Jan. 1, 2014.

Eric Recoon, Benderson's vice president of leasing and development for the Northeast, confirmed the developer's plans but said he couldn't put a dollar value on it at this time.


The Rosen Law Firm Announces Securities Class Action
Legal Focuses | 2011/05/18 09:53
The Rosen Law Firm, P.A. today announced that a class action lawsuit has been filed on behalf of investors who purchased the common stock of GMX Resources, Inc. (NYSE: GMXR) pursuant or traceable to the company’s stock offerings on July 17, 2008, May 13, 2009 and October 22, 2009. The lawsuit seeks to recover investors’ damages from violations of the federal securities laws.

To join the GMX Resources class action, visit the Rosen Law Firm’s website at http://www.rosenlegal.com, or call Laurence Rosen, Esq. or Phillip Kim, Esq., toll-free, at 866-767-3653; you may also email lrosen@rosenlegal.com or pkim@rosenlegal.com for information on the class action.

The Complaint alleges that GMX Resources violated the securities laws by issuing false financial statements to investors in the stock offerings on July 17, 2008, May 13, 2009 and October 22, 2009. On March 11, 2010, the company disclosed that its full year 2008 and quarterly 2009 financial statements were inaccurate and must be restated. The company also warned that investors could no longer rely on its financial statements. GMX subsequently restated its financial statements to correct for the method used to record full cost pool impairment charges and related deferred income taxes. As a result of the restatement, the company’s net loss for fiscal year 2008 was $124.6 million as compared to the originally reported $81.7 million.

GMX Resources share price has declined substantially since the stock offerings and investors in the stock offerings have suffered significant damages.

If you wish to join the litigation, or to discuss your rights or interests regarding this class action, please contact Laurence Rosen, Esq. or Phillip Kim, Esq. of The Rosen Law Firm, toll-free, at 866-767-3653, or via e-mail at lrosen@rosenlegal.com or pkim@rosenlegal.com. You may also visit the firm’s website at http://www.rosenlegal.com.

The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation.


Ala. chief justice warns more court layoffs coming
Topics | 2011/05/18 09:52
Alabama Chief Justice Sue Bell Cobb warned the state's judges and circuit clerks Monday to expect substantial layoffs because of the budget crisis in the state judicial system.

Cobb met with judges and clerks mostly by conference call Monday. The meeting was not open to news reporters or the public. She said 270 court employees have already lost jobs in the past two years because of budget cuts, and she expects another 265 court workers to be laid off during the coming fiscal year that begins Oct. 1.

Cobb told The Associated Press that she had hoped to receive a $10 million supplemental appropriation from the Legislature to help the courts get through the remainder of the current year. She said that is unlikely now because the money is needed to help with recovery from last month's violent tornadoes that killed more than 200 in Alabama.

She said she doesn't expect to receive the supplemental appropriation and she also believes a bill to raise the state's cigarette tax by $1 a carton is dead for this session. Some proceeds from the cigarette tax were to go to the courts.


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