Category Archives: Webmasters

Gurkhas lose pension legal battle

Former Gurkha soldiers have lost their High Court battle over a pensions deal with the British Government they say has left them struggling to live.

Three retired members of the famous Brigade of Gurkhas failed in a legal challenge affecting thousands of others.

Lawyers for the three - Kumar Shrestha, Kamal Purja and Sambahadur Gurung, all in their late 30s and retired because of ill health - argued they had been treated unlawfully and unfairly.

They said men who enlisted before July last year but retired after had been denied equal pensions because their years of service up to that date were valued at only between 24 per cent and 36 per cent of British rates.

The Gurkhas complained that the new pension transfer arrangements enacted last year were irrational and discriminated against them on the grounds of age.

Rejecting their application for judicial review, Mr Justice Ouseley said the MoD had acted reasonably.

He said: “If there was indirect discrimination on the grounds of age or ‘other status’, it was justified and proportionate.”

Legal victory for AstraZeneca in Seroquel case

A US court has granted the company’s request for a summary judgement in the case in which AstraZeneca is suing Teva Pharmaceuticals and Sandoz for alleged patent infringement.

The two companies being sued had sought approval to sell generic versions of Seroquel tablets in the US before Seroquel’s patent expires in 2011.

Teva and Sandoz have already conceded infringement and the validity of AstraZeneca’s patent, but until the latest judgement by the court there was still the possibility of a long trial on the matter on inequitable conduct.

Under US patent law, a court may opt not to enforce a patent, even if it is valid, is the patentee has engaged in inequitable conduct, which can take the form of misrepresentation or omissions during the patent application process.

“We are pleased with the court’s decision to uphold our valid intellectual property. Seroquel remains an important part of our company’s portfolio benefiting patients and physicians throughout the world,” said David Brennan, chief executive officer of AstraZeneca.

Seroquel is AstraZeneca’s second biggest money earner, generating booked sales of $4bn last year.

Pre-Paid Legal Services Announces 2008

Our total active membership fees in force increased approximately 2.0% during the last year and continue our trend of increasing our membership fees. Membership persistency rate (defined as the number of memberships in force at the end of a 12 month period as a percentage of the total of memberships in force at the beginning of such period, plus new memberships sold during such period) was 73.3% for the 12 month period ended June 30, 2008 an increase from the 72.7% for the 12 month period ended June 30, 2007.

Our second quarter 2008 corporate finance focus has again been on share repurchases. During the 2nd quarter, we returned $14.9 million to shareholders through the repurchase of 343,409 shares of common stock, at an average per share price of $43.33. Since April 1999, we have returned $390.2 million to shareholders through the purchase of 13.3 million shares, average price of $29.30 per share, and $17.1 million in dividends for a combined total of $407.3 million representing more than 115 percent of our net earnings during the same timeframe.

City to pay half of councilmen’s legal bill

The city Law Department agreed yesterday to pay half of a contested legal bill four City Council members incurred fighting a billboard permit.

The $10,706 invoice from attorney Hugh McGough was for his representation of council President Doug Shields and colleagues Ricky Burgess, Bruce Kraus and William Peduto. The four challenged Lamar Advertising’s now-revoked permit for an electronic billboard, which was approved to go up Downtown without public hearings or votes.

Lamar then sued them, as well as Councilman Patrick Dowd, in civil court for allegedly conspiring to nix the $2 million sign.

The Law Department had argued that since there was no council vote to hire Mr. McGough, the invoice was a personal debt of the four members.

Yesterday, Solicitor George Specter wrote to Mr. Shields saying that parts of the invoice related to defending the members against Lamar’s civil lawsuit can be paid by the city.

Mr. Shields said that covered around half of the bill.

“The other half, we’re working on,” he said.

State Sen. Jim Ferlo e-mailed council, offering to pay $1,000 of the bill and to help raise money for the rest.

Low-cost legal counsel offered

“The Courthouse Assistance Project will benefit the many who cannot afford an attorney, as well as judges and court staff. I am pleased that the Legal Aid Society of Hawai‘i and the Judiciary is providing this much-needed service,” he said.

The Legal Aid Society of Hawai‘i, a state-wide non-profit agency funded by grants and donations, has been offering similar services since it was founded in 1950.

“The difference is now we’ll be in the courthouse. It’s a matter of access,” said staff attorney Linda Vass. “When people get into court and find out how difficult it is to represent themselves, they will be able to come to us.”

An attorney will be at the first-floor courthouse office on Mondays between 8:30 a.m. and 12 p.m., Tuesdays between 1 p.m. and 4 p.m. and Wednesdays between 9 a.m. and 12 p.m.

Vass said that a similar program has been in use in Honolulu’s First Circuit Court and that the Kaua‘i office was trying to “use them as a framework.”

Services for income-eligible criminal or traffic defendants will not be included in the new program, but will still be provided through the public defender’s office.

Regulators reject legal action against prepaid funeral company

Missouri regulators have rejected Attorney General Jay Nixon’s request to take further legal steps against a financially troubled St. Louis seller of prepaid funeral plans.

“Legal action … could worsen the impact on consumers,” Linda Bohrer, acting director of the state’s Department of Insurance, Financial Institutions & Professional Registration, told Nixon’s office in a letter made public Tuesday.

In cooperation with Missouri and other states, Texas insurance regulators in April seized National Prearranged Services Inc., along with two related insurance firms in Texas, and placed them in receivership.

The company’s financial meltdown has put an estimated 2,600 funeral homes in 19 states at risk of providing funerals under terms of consumers’ prepaid contracts but not being reimbursed their full value that was underwritten by National Prearranged. About 45,000 consumers are thought to be affected in Missouri and Kansas.

Bohrer told Nixon that regulators from numerous states are “making great strides in creating a plan which would offer the best possible protection to consumers and funeral homes in Missouri.

“Litigation by the attorney general’s office against insurance companies or financial institutions at this time could have a detrimental effect on the plan being developed by the special deputy receiver and insurance guaranty associations to protect existing and future assets for Missouri consumers and funeral directors,” she said.

A spokesman for Nixon disagreed.

“We are surprised and disappointed that the Department of Insurance and the Division of Finance have refused to allow the full arsenal of legal options to be used to protect Missouri businesses and consumers,” Nixon spokesman John Fougere said.

The St. Louis Cassity family controls National Prearranged and numerous affiliated businesses including Mount Washington Forever Cemetery and Funeral Home in Independence.

Make sure fireworks are legal

Information Timm and Two Rivers Police Chief Joseph Collins distributed to retailers in the city specifies the following are legal: “caps, toy snakes containing no mercury, model rocket engines, sparklers containing no magnesium, party poppers, small smoke devices, cylindrical fountains 100 grams or less total weight, and cone fountains 75 grams or less total weight.”

Examples of illegal fireworks are roman candles, bottle rockets, firecrackers and mortars, according to a news release from acting Manitowoc Police Chief Tony Dick.

It is legal to sell fireworks in Wisconsin but only to people who have a legitimate permit, according to information from Collins.

“Permits issued or sold by fireworks vendors are invalid,” the information states.

“Read the fine print,” Collins said.

It may state the permit is valid only in a specific location in another state.

Mayors, village presidents and town chairmen may issue fireworks permits or designate a municipal employee or official to do so, but they may not designate a fireworks vendor, according to the information from Collins. The permits are valid only on the date specified and only in the city, village or town where they were issued.

Legal opinion blasts Salt Industries land deal

A legal opinion slams the land deal between Israel Salt Industries Ltd. (TASE:SALT), controlled by members of the Dankner family, and the Israel Land Administration (ILA). The opinion has just been disclosed now, five years after the deal that aroused a storm of controversy.

In October 2003, the ILA Council agreed that land leased by Salt Industries for its industrial salt production from the ILA until 2060 could be rezoned for residential use. The ILA and Salt Industries would share the proceeds.