Legal Media Matters

Story Roundup

Listening for Trouble

Recently the St. Louis Post-Dispatch published a murder map. Culled from police-department data, city denizens can now see, by address, the homicides that occurred near their homes, schools, and workplaces from 2005 to 2007.

The number of killings in St. Louis has increased, and guns have played a role in many of the murders -- but one company has developed a high-tech crime- fighting tool that could help curb gun violence.

In “Police Put a High-Tech Ear to the Ground,” Wall Street Journal reporter Bobby White writes that that some cities have installed a web of microphones that listen for gunshots and then send the data to laptops in police cruisers. The devices, installed on rooftops and fastened to telephone poles, detect the pop of a gunshot, pinpoint it to within 80 feet of its origin, and alerts the police within 15 seconds.

The technology was developed by a former physics professor, Robert Showen, who once adapted sensors designed to locate earthquakes. His company, ShotSpotter Inc., made the news in 2003, when the system was used to capture a highway sniper in Columbus, Ohio.

The technology is in use in 29 cities, many of which have reported a drop in violent crime. In cities that haven’t reaped the benefits of the system, police manpower appears to be the snag: There must be enough officers on the street to respond once the system issues an alert.

Any St. Louisan who has ever called in a report of a gunshot can attest to the fact that it is hard to figure out exactly where the sound came from, but vague descriptions to 911 operators will continue to be the norm—St. Louis is not one of the 29 cities using the acoustic technology.

St. Louis County backlog

One of the first rules young litigators learn is to always obtain file-stamped copies of pleadings. An article in Friday’s issue of The Daily Record underscores why the practice is so important.

In “Attorneys in St. Louis County: Hurry up and wait,” reporter Donna Walter explains that court clerks have fallen about a month behind in issuing summonses in civil cases.

According to Paul Fox, the St. Louis County court administrator, state-mandated court automation is the main reason. Tort reform and the sour economy have also led to an uptick in filings. The staff is too small to handle the workload.

As a result of the file-room limbo, some lawyers are finding that their cases have been placed on the dismissal docket before a summons has been issued. Others are forced to file pleadings without case numbers. The article notes that at least one motion to dismiss has been lost. The lawyer must refile the motion. Fortunately, she has a file-stamped copy that can be attached as an exhibit.

Until the snafus are straightened out, keep your file-stamped copies safe.

Carey & Danis appointed to plaintiffs’ steering committee in multidistrict Trasylol litigation

NEWS RELEASE

May 23, 2008

St. Louis – John J. Carey of the St. Louis law firm Carey & Danis has been appointed to serve as a member of the plaintiffs’ steering committee in the multidistrict Trasylol litigation pending before a Florida federal court.

On May 22, U.S. District Court Judge Donald M. Middlebrooks entered the order announcing the plaintiffs’ steering committee, which is responsible for managing and conducting the pretrial proceedings, in the case In re: Trasylol Products Liability Litigation, MDL No. 1928.

Carey said of the appointment: “Our firm is honored to fill this important role on behalf of Trasylol victims and their families. Having served as lead counsel or steering committee members in several pharmaceutical cases, we understand that swift justice requires efficient case management.”

Carey & Danis currently has 13 cases involving Bayer’s anti-bleeding drug Trasylol (aprotinin) pending in the multidistrict litigation, located in West Palm Beach, Fla.

The suits claim that Bayer failed to warn prescribers and consumers of the dangers associated with the drug, defectively designed the drug, fraudulently concealed the dangers of the drug, breached the implied and express warranties and violated various state laws. The plaintiffs seek compensatory damages and damages for aggravating circumstances. The firm anticipates that it will file an additional 50 cases in the near future involving heart-surgery patients who suffered kidney failure after receiving Trasylol. 

The U.S. Food and Drug Administration approved Trasylol in 1993. Since 2006, three studies have linked the clotting drug to an increased risk of stroke, heart attack and kidney failure. On May 14, the New England Journal of Medicine published the BART study, which revealed that patients given Trasylol had a death rate 53 percent higher than that of heart-surgery patients given cheaper competing drugs.

Carey & Danis, LLC is a national law firm based in St. Louis that aids victims of corporate abuse, greed and neglect. For more information, contact John Carey at 314-725-7700 or e-mail jcarey@careydanis.com.

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Media Contact: Geri L. Dreiling
Legal Media Matters
314.743.3851 or 314.520.3897
legalmediamatters@sbcglobal.net

Carey & Danis file an auction-rate securities class action lawsuit against UBS

NEWS RELEASE

May 9, 2008

St. Louis – The law firm of Carey & Danis LLC has filed a class action lawsuit on behalf of persons who purchased auction rate securities from UBS AG (NYSE: UBS), UBS Securities LLC and UBS Financial Services Inc. between May 8, 2003 and Feb. 13, 2008 and who continued to hold the securities as of Feb. 13, 2008.

The class action lawsuit, Bonnist v. UBS AG, et al., 08 CIV 4352, is pending in the U.S. District Court for the Southern District of New York.  The suit alleges that UBS AG and its subsidiaries UBS Securities and UBS Financial Services violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 by deceiving investors about the investment characteristics of auction rate securities and the auction market in which the securities are traded.

Auction rate securities are municipal or corporate debt securities or preferred stocks that pay interest at rates set through periodic auctions.  The instruments typically have long-term maturity dates or no maturity date.

The suit filed on May 8 claims that, pursuant to uniform sales materials and top-down management directives, UBS offered and sold auction rate securities to the public as highly liquid cash-management instruments and as suitable alternatives to money market mutual funds.  On Feb. 13, 2008, all of the major broker-dealers, including UBS, withdrew their support for the auctions.  The suit claims that, as a result, investors have been unable to liquidate their auction rate securities.

The lawsuit alleges that UBS failed to disclose the following material facts about the auction rate securities it sold to the class:

• The auction rate securities were not cash alternatives like money market funds but were instead complex long-term financial instruments with 30-year maturity dates.
• The auction rate securities were only liquid at the time of the sale because UBS and other broker-dealers were artificially supporting and manipulating the market to maintain the appearance of liquidity and stability.
• UBS and other broker-dealers routinely intervened in the auctions for their own benefit to set rates and to prevent all-hold auctions and failed auctions.
• UBS continued to market auction rate securities as liquid investments even after UBS and other broker-dealers determined that they would likely be withdrawing support for the periodic auctions and that a freeze of the auction rate securities market would result.

Investors who purchased or acquired auction rate securities from UBS between May 8, 2003, and Feb. 13, 2008, and who continued to hold the securities as of Feb. 13, 2008, may request appointment as lead plaintiff by the Court on or before May 20, 2008.  A lead plaintiff is a representative party acting on behalf of other class members.  To be appointed, the Court must conclude that the investor’s claims are typical of other class members’ and that the investor will adequately represent the class.  The investor’s ability to share in any recovery is not affected by the decision to serve as lead plaintiff.  The investor may retain Carey & Danis LLC, or other attorneys, to serve as counsel.

Auction rate securities investors who wish to discuss their rights against UBS or any other broker-dealer may contact Carey & Danis LLC toll-free at 800-721-2519.  A copy of the lawsuit is available from the Court.

Carey & Danis LLC is a national law firm based in St. Louis that aids victims of corporate abuse, greed and neglect.  For more information, contact Joseph Danis (jdanis@careydanis.com), Michael Flannery (mflannery@careydanis.com) or Corey Sullivan (csullivan@careydanis.com).  You can also visit our website at www.careydanis.com.

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Media Contact: Geri L. Dreiling
Legal Media Matters
314.743.3851 or 314.520.3897
legalmediamatters@sbcglobal.net

Patent infringement lawsuit filed against five online gaming companies

NEWS RELEASE

May 5, 2008

St. Louis – A lawsuit has been filed in a St. Louis federal court against seven online-gaming companies alleging infringement of U.S. Patent No. 5,564,001, titled “Method and System for Interactively Transmitting Information Over A Network Which Requires Reduced Bandwidth.”

The suit was filed on April 25 in the U.S. District Court for the Eastern District of Missouri on behalf of Las Vegas-based 1st Technology Inc., alleging the ’001 patent has been and continues to be infringed by the defendants.

The defendants include four Costa Rican companies: Digital Gaming Solutions SA, Costa Rica International Sports, Action Poker Gaming Enterprises and SBG Global; two Norwegian companies: Playsafe Holding AS and eCom Enterprises; and Digital Gaming Network, Ltd., which is based in Curacao.

The plaintiff seeks the enjoinment of further patent infringement, treble damages and the impoundment and destruction of all infringing products.

The suit was filed by Anthony G. Simon and Timothy E. Grochocinski with the Simon Passanante law firm.

Simon noted, “1st Technology is a leading technology licensing company that invests considerable resources in developing its intellectual property and is dedicated to protecting and enforcing the same.”

St. Louis-based Simon٠Passanante PC handles intellectual property and commercial litigation cases nationwide. For more information, contact Anthony G. Simon at 314-241-2929 or e-mail asimon@simonpassanante.com.

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Media contact: Geri L. Dreiling
Legal Media Matters LLC
314.743.3851 or 314.520.3897
legalmediamatters@sbcglobal.net