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  Class Action - Legal News


The Supreme Court won't hear an appeal from Google over a class action lawsuit filed by advertisers who claim the internet company displayed their ads on "low quality" web sites.
 
The justices on Monday let stand a lower court ruling that said the lawsuit representing hundreds of thousands of advertisers using Google's AdWords program could go forward.

Google argued that a federal appeals court in San Francisco should not have approved the class action because damages must be calculated individually for each company advertiser. The appeals court rejected that argument and approved use of a formula that would calculate harm based on the average advertiser's experience.

Google runs what is by far the world's largest digital ad network. It generated $67 billion in revenue last year.



A state appeals court approved class action status on Monday for thousands of motorists fined for speeding in a southwest Ohio village with citations issued from automatic camera enforcement.

The 12th district appeals court ruling comes as New Miami's police have just launched use of hand-held speed cameras meant to comply with state legislation.

Attorneys for the drivers plan to ask a judge to order New Miami to pay back more than $1 million collected in the less than two years the cameras operated in the village of some 2,200 people. A Butler County judge ruled in 2014 that they violated motorists' rights to due process and ordered them shut off.


Kansas Constitution protects abortion rights

  Class Action  -   POSTED: 2016/01/23 08:50

The Kansas Court of Appeals refused Friday to implement the state's first-in-the-nation ban on a common second-trimester abortion method, ruling in a split but groundbreaking decision that the conservative state's constitution protects abortion rights independently from the U.S. Constitution.

The 7-7 ruling — released on the anniversary of the U.S. Supreme Court's Roe v. Wade decision — could be used by abortion rights supporters to challenge other state laws restricting abortion. If the decision is upheld, it would allow state courts to protect a woman's right to end her pregnancy beyond federal court rulings.

Tie votes uphold the ruling being appealed, meaning Friday's ruling sides with a Shawnee County judge who put the 2015 law on hold while he considers a lawsuit challenging the ban. The lawsuit has yet to go to trial, but the judge said the Kansas Constitution's general language about personal liberties extends to abortion rights — which the appeals court also supported, indicating how it may rule if it gets the full case.

"The rights of Kansas women in 2016 are not limited to those specifically intended by the men who drafted our state's constitution in 1859," Judge Steve Leben wrote on behalf of the seven judges who sided with the lower court.

The state will appeal to the Kansas Supreme Court, Attorney General Derek Schmidt said, adding that the split decision offered little clarity on the constitutional questions.




Marion "Suge" Knight is scheduled to return to court Tuesday morning for a hearing in which prosecutors will lay out some of their evidence to support a robbery case filed against the former rap music mogul.

Knight's lawyers have requested a delay in the hearing, but Los Angeles Superior Court Judge Ronald Coen has previously told them he intends to proceed with the hearing.

Knight is charged with robbery after a celebrity photographer accused him and comedian Katt Williams of taking her camera in Beverly Hills in September. The incident occurred days after the 50-year-old Knight was wounded in a nightclub shooting.

The Death Row Records co-founder is also charged in a separate murder case. He has pleaded not guilty to all charges. Williams has also pleaded not guilty.


The Illinois Supreme Court has heard oral arguments about whether to let a $10 billion class-action verdict against a major cigarette maker stand.

Former Illinois Gov. Jim Thompson and another Phillip Morris lawyer asked the court Tuesday to strike that verdict.

The verdict that Phillip Morris fraudulently marketed "light" and "low-tar" cigarettes as safer than others came in 2003. The state's high court subsequently threw it out. But an appellate court last year reinstated the 12-year-old verdict.

The core dispute is whether regulators allowed cigarette makers to label cigarettes "light" and "low-tar."

Phillip Morris attorneys argued they were given permission to label cigarettes that way. But a plaintiff attorney said regulators didn't OK that labeling practice and so Phillip Morris engaged in a "massive fraud" by do so.



The Supreme Court won't make it tougher for defendants in class-action lawsuits to transfer cases from state courts to more business-friendly federal court.

The justices on Monday ruled 5-4 in favor of a Michigan energy company that wanted to move a class-action case from Kansas state court to federal court without showing evidence that damages in the case would exceed $5 million. That is the minimum amount required for transferring such cases.

The case involved a group of royalty owners who sued Dart Cherokee Basin Operating Co. alleging they were underpaid royalties on oil and gas wells.

A federal judge refused to transfer the case without evidence of damages. A federal appeals court declined to consider an appeal, but the Supreme Court said the law does not require such evidence.



A federal appeals court on Monday refused to reconsider its previous ruling that businesses don't have to prove they were directly harmed by BP's 2010 Gulf Of Mexico oil spill to collect settlement payments.

The decision by the 5th U.S. Circuit Court of Appeals in New Orleans could be a step toward resuming a claims process that was suspended after a district court ruling in December. However, BP spokesman Geoff Morrell said in an emailed statement Monday night that the company is considering its legal options.

BP had asked the full 5th Circuit Court of Appeals in New Orleans to rehear the case after a three-judge panel's March ruling. The court voted 8-5 against a rehearing.

The action preserves U.S. District Judge Carl Barbier's (BAHR'-bee-ay) ruling that BP had agreed in a 2012 settlement to pay claims without requiring proof that losses were directly caused by the spill resulting from the explosion of the Deepwater Horizon oil rig, which killed 11 workers.

Judge Leslie Southwick wrote in Monday's order that a 2012 policy statement, issued by the court-appointed claims administrator and developed with "input and assent from BP," spelled out the criteria for business claims.


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