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Kona coffee dispute prompts class-action lawsuit
Legal Line News |
2011/09/20 08:53
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A spat involving Safeway and Hawaii coffee growers is still brewing, even after the supermarket giant agreed to change labeling on its Kona blend coffee.
A $5 million class-action lawsuit was filed in federal court in Northern California claiming Safeway profited off the reputation of Kona coffee while selling an inferior product with very little Hawaii-grown coffee.
The lawsuit was filed Aug. 30, a day before Safeway's letter informing the Kona Coffee Farmers Association the company would change its packaging to reflect the percentage of Kona it contains. The farmers had called for a boycott of Safeway's 1,700 stores nationwide after a farmer saw the Kona blend for sale in a California store.
In an effort to protect a world-famous Hawaii product, the state's Board of Agriculture Chairman Russell Kokubun sent a letter to Safeway officials asking them to comply with a law here requiring labels to specify the percentage of Hawaii-grown coffee included in the blend. The law requires those blends have at least 10 percent Hawaii-grown coffee. But because Safeway's Kona blend isn't sold in any of the 19 Hawaii locations, Kokubun could only ask for voluntary compliance. |
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Court halts Texas execution of ex-Army recruiter
U.S. Court News |
2011/09/20 08:53
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A former Army recruiter who for the third time this year was hours away from his scheduled execution for the rape-slaying of a woman in Fort Worth nearly 10 years ago was granted yet another reprieve by the U.S. Supreme Court on Tuesday.
Cleve Foster, 47, was set to die Tuesday evening in Huntsville.
The high court twice earlier this year stopped Foster's scheduled lethal injection. The latest court ruling came about 2½ hours before Foster could have been taken to the Texas death chamber.
Foster was meeting with one of his lawyers in a small holding cell a few feet from the death chamber when a Texas Department of Criminal Justice spokesman delivered the news.
He thanked God and pointed to his attorney, saying this woman helped save his life, prison spokesman Jason Clark said.
He also said Foster repeated his insistence that he was innocent. |
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SC attorney's bankruptcy case headed to court
Legal News Feed |
2011/09/20 08:53
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A bankruptcy trustees for an attorney well known for his television commercials and highway billboards will ask a court to convert the case to a straight liquidation, saying the lawyer is unlikely to be able to repay his creditors.
The Sun News of Myrtle Beach reported that trustee Robert Anderson says he'll ask a judge to convert the case of Harry Pavilack from a Chapter 11 reorganization to a Chapter 7 liquidation. A hearing is scheduled for Monday in Charleston.
Anderson says Pavilack will never be able to pay off the almost $73 million that he owes creditors. His case is one of the largest personal bankruptcies ever in Horry County. His debt is mostly related to real estate deals. |
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Class Action Filed Against Former, Current AP Execs
Legal News |
2011/09/19 08:54
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A class action has been filed in the U.S. District Court for the District of New Jersey on behalf of purchasers of the securities of the Great Atlantic amp; Pacific Tea Co. Inc. (Aamp;P) for the period between July 23, 2009, and Dec. 10, 2010. The complaint, filed Sept. 9 by Robbins Geller Rudman amp; Dowd LLP, a 180-lawyer firm with offices in San Diego, San Francisco, New York, Boca Raton, Washington, Philadelphia and Atlanta, claims that some former and current Aamp;P executives violated the Securities Exchange Act of 1934. Aamp;P itself wasn’t named as a defendant in the action because it filed for bankruptcy protection in December 2010.
Those named in the action are former Executive Chairman and CEO Christian Haub, former CEO and President Eric Claus, former CFO and Treasurer Brenda Galgano, Vice Chairman and Chief Strategy Officer Andreas Guldin, former CEO and President Ron Marshall, and current CEO and President Sam Martin.
The complaint alleges that during the period mentioned above, the defendants failed to disclose material adverse facts about the company’s true financial condition, business and prospects. Specifically, the class action alleges that the executives failed to reveal that Aamp;P was facing increased low-cost competition from retailers such as Walmart and Target, whichnbsp; negatively affected its business and financial condition; that the Pathmark acquisition was a “complete disaster” for the company, as Pathmark’s operations were in far worse condition than had been represented to investors; that Aamp;P wasn’t operating according to internal expectations and couldn’t achieve the guidance endorsed by the defendants; and that, as a result of these factors, the defendants lacked a reasonable basis for their positive statements about the company, its operations and prospects.
The class action seeks to recover damages on behalf of all purchasers of Aamp;P securities during the period noted above. Those who are member of this class can view a copy of the complaint or join the class action online at www.rgrdlaw.com/cases/aandp |
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