A class-action lawsuit against Comcast — alleging the cable operator violated federal antitrust laws and overcharged subscribers — is moving forward after a federal appeals court last week affirmed the case’s class-action certification.
Behrend v. Comcast Corp., which seeks damages of more than $875 million, was originally filed in December 2003. Attorneys for the six plaintiffs claim Comcast overcharged customers for cable service, after acquiring cable providers in the Philadelphia area and obtaining a monopoly in violation of the Sherman Act.
A three-judge panel for the U.S. Court of Appeals for the Third Circuit ruled 2-1 on Aug. 23 that the class met all the tests for a class action under federal guidelines and concluded the class could show damages using common proof. That upheld a decision by the U.S. District Court for the Eastern District of Pennsylvania holding the question of “common impact” provable with class-wide evidence.
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Very interesting news, indeed. Another AG has decided she wants a piece of BoA:
The attorney general of Nevada is accusing Bank of America of repeatedly violating a broad loan modification agreement it struck with state officials in October 2008 and is seeking to rip up the deal so that the state can proceed with a suit against the bank over allegations of deceptive lending, marketing and loan servicing practices.
In a complaint filed Tuesday in United States District Court in Reno, Catherine Cortez Masto, the Nevada attorney general, asked a judge for permission to end Nevada’s participation in the settlement agreement. This would allow her to sue the bank over what the complaint says were dubious practices uncovered by her office in an investigation that began in 2009.
In her filing, Ms. Masto contends that Bank of America raised interest rates on troubled borrowers when modifying their loans even though the bank had promised in the settlement to lower them. The bank also failed to provide loan modifications to qualified homeowners as required under the deal, improperly proceeded with foreclosures even as borrowers’ modification requests were pending and failed to meet the settlement’s 60-day requirement on granting new loan terms, instead allowing months and in some cases more than a year to go by with no resolution, the filing says.
The complaint says such practices violated an agreement Bank of America reached in the fall of 2008 with several states and later, in 2009, with Nevada, to settle lawsuits that accused its Countrywide unit of predatory lending. As the credit crisis grew, the settlement was heralded as a victory by state offices eager to help keep troubled borrowers in their homes and reduce their costs. Bank of America set aside $8.4 billion in the deal and agreed to help 400,000 troubled borrowers with loan modifications and other financial relief, such as lowering interest rates on mortgages.
But foreclosure problems mounted in Nevada, where Countrywide originated 262,622 loans, and complaints about the bank’s loan servicing practices began flooding into Ms. Masto’s office shortly after the settlement was struck. She found that Bank of America had “materially and almost immediately violated” the terms of the settlement, according to the complaint.
Ms. Masto declined to comment beyond the court filing.
Finally, something happens in the interests of citizens and not corporations:
WASHINGTON — Justice Department officials say they’ve filed suit to block AT&T’s $39 billion deal to buy T-Mobile USA.
The government contends that the acquisition of the No. 4 wireless carrier in the country by No. 2 AT&T would reduce competition and raise prices.
At a news conference Wednesday, Deputy Attorney General James Cole said the combination would result in tens of millions of consumers facing higher prices, fewer choices and lower quality products.
Cole says the lawsuit seeks to ensure that everyone can continue to receive the benefits of competition.
Too bad they didn’t block Comcast’s NBC purchase for the very same reasons.
If I’d had a boob job, I wouldn’t be feeling real safe in light of this information:
Aug. 30, 2011 — A panel of expert advisors to the FDA has been asked to solve a mystery: What happened to thousands of women who enrolled in studies designed to evaluate rare complications that might arise years after they received silicone gel breast implants?
In June, after a preliminary review of study data, the FDA concluded that breast implants were largely safe and effective but were not “lifetime devices,” citing high reoperation rates for complications like hardening of the breast and rupture of the implant.
That review also found no evidence that silicone implants were linked to rare problems like breast cancer or connective tissue diseases that have plagued the devices for decades. But the agency also noted that studies were still in progress to better answer some of those questions about rare events.
Now, however, it seems those studies have lost so many of the women they were supposed to follow that they are unlikely to offer any insight into the long-term safety of the devices.
It’s like all y’all have been clapping your hands real hard, and now we’re visible! I kind of feel like the Who, when Horton first heard it.
From the NYT; The New Resentment of the Poor
At a time when high-income households are paying their lowest share of federal taxes in decades, when corporations frequently avoid paying any tax, it is clear who should bear a larger burden and who should not.
Okay, it’s a lot of belaboring the obvious. But it’s being said out loud, at the paper of record. I’m stunned.
Wisconsin Labor Day parade has decided to allow Republicans to march, otherwise they’d have to reimburse the city for half of the expenses.
It was only $2000. I bet they could have raised the money.
TOKYO—The first comprehensive soil survey from areas around the Fukushima Daiichi nuclear plant showed extensive ground contamination and another report warned of the continued threat to Japan’s food chain, underscoring the major challenges the country still faces in its radioactive cleanup efforts.
Separately, the operator of the plant, Tokyo Electric Power Co, said Tuesday that a worker involved with the cleanup died of acute leukemia, though officials said medical tests concluded the death was unlikely related to his work at the plant.
Pelosi: “Imagine. Imagine that they are protecting tax cuts for the top 2%, but it’s really more, higher than that, lower than that, I mean, a higher percentage of people excluded from who they are looking out for, and it’s a stunning thing, because it’s a few people amassing money that doesn’t really make a difference in their quality of life. I decided what it was about them is this, this is my theory, what more do they want? They have a number of homes, the bigger the yacht, da da da da da, the taller the mast, the whole thing, they have museum quality art, and I decided, if in fact they are advocating for this, which I’m not sure they are, I think Republicans just like to have that position. They want immortality. They want so much money that their names are all, for prestige they could never get any other way, they could buy with endless money. Because what else could you possibly want? That you would say ‘I want this at the expense of the middle class, of our democracy, of fairness, of clean air, clean water, food safety, public education and the rest of it, clean air, clean water, food safety, reform on Wall Street, protection for citizens, you name it, forget about it. They are de-funding every initiative in that regard, you wonder, do their children breathe air, do they drink water, why do they not care? But they don’t. But they don’t.
[...] When we won the election in 06′, and we came in, the first day, in the first 100 hours we raised the minimum wage. It was the first time the minimum wage was raised in eleven years. I bring that up for this reason, it wasn’t kept down because people just, you know, small businesses said ‘I can’t afford”, it was kept down for a purpose, it was kept down for the purpose that people would not be able to live on that, they’d have to borrow, against home equity loans, against their mortgages, there this and that, they’d have to live on credit cards, and what are they doing when they do that, their paying fees to the banks, their paying fees to them, so it’s a contrived dependence on private credit for millions, tens of millions of working people in our country, and who they are is who they bring to that table, protect the tax breaks for the wealthiest people in our country, do not allow wages to rise with productivity, keep people dependent on paying fees to banks for the use of their own money, for the use of their own money. So this is as progressive a fight as we have ever been in.”