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A federal judge in Nevada who handed horse protection advocates a rare victory last fall has rejected their latest request to block government roundups of free-roaming mustangs in the West, saying they'll have to go to Congress if they think the animals are being treated inhumanely and need more protection.

U.S. District Judge Howard McKibben granted a temporary restraining order on Aug. 30 that cut short by a day a roundup near the Nevada-Utah line after he determined a helicopter flew too close to a horse in violation of the law.

But he said during a hearing in Reno Thursday that he was denying a new injunction request from the Texas-based Free Wild Horse Federation partly because the Bureau of Land Management has made some positive changes since then. He also said he can't issue injunctions based on speculation about future abuses.

"This court is really not in a position to be the overseer of the BLM," McKibben said. "This court is not going to police all gathers in the U.S. or even all gathers in the district of northern Nevada."

"This Court is not Congress, not an administrative agency. We are not the first branch of government. We are not the second branch. We're here to consider grievances," he said.

His ruling was a disappointment to horse protection advocates who were buoyed by his court order last fall when he took the BLM to task for its actions at the Triple B complex roundup near the Nevada-Utah line northwest of Ely, Nev.



Robbins Geller Rudman & Dowd LLP today announced that a class action has been commenced on behalf of an institutional investor in the United States District Court for the District of Kansas on behalf of purchasers of Collective Brands, Inc. common stock during the period between December 1, 2010 and May 24, 2011.

If you wish to serve as lead plaintiff, you must move the Court no later than 60 days from today. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiff’s counsel, Darren Robbins of Robbins Geller at 800/449-4900 or 619/231-1058, or via e-mail at djr@rgrdlaw.com. If you are a member of this class, you can view a copy of the complaint as filed or join this class action online at http://www.rgrdlaw.com/cases/collectivebrands/. Any member of the putative class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.

The complaint charges Collective Brands and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Collective Brands is the holding company for three lines of business: Payless ShoeSource (“Payless”), Collective Brands Performance + Lifestyle Group (“PLG”), and Collective Licensing. The Company was formerly known as Payless ShoeSource, Inc. and changed its name to Collective Brands in August 2007.

The complaint alleges that during the Class Period, defendants issued materially false and misleading statements regarding the Company’s business and financial results. As a result of defendants’ false statements, Collective Brands stock traded at artificially inflated prices during the Class Period, reaching a high of $23.44 per share on February 18, 2011.

On May 24, 2011, after the market closed, the Company announced its financial results for its first fiscal quarter ended April 30, 2011. The Company reported earnings of $26.4 million or $0.42 diluted earnings per share for the first quarter, which was nearly 50% less than the $0.82 diluted earnings per share expected by analysts. The Company further reported that net sales declined 1.1% to $869.0 million, due in substantial part to the Company’s 7.4% comparable store sales decline in its Payless domestic segment, offset by sales growth of 22.5% in PLG. On this news, Collective Brands stock collapsed $3.06 per share to close at $15.31 per share on May 25, 2011, a one-day decline of nearly 17%.

According to the complaint, the true facts, which were known by defendants but concealed from the investing public during the Class Period, were as follows: (a) the Company’s inventory level for Payless remained at excessively high levels and aging inventory for its Payless segment was a concern; (b) sales at the Company’s flagship Payless stores were significantly worse than expected due to deteriorating customer demand; and (c) the Company was forced to mark down Payless’s bloated inventory at significant discounts, which adversely affected the Company’s margins and financial results for its first quarter.

Plaintiff seeks to recover damages on behalf of all purchasers of Collective Brands common stock during the Class Period (the “Class”). The plaintiff is represented by Robbins Geller, which has expertise in prosecuting investor class actions and extensive experience in actions involving financial fraud.

http://www.rgrdlaw.com

LA court seeks more info in Honda hybrid suit

•  Court News     updated  2012/01/25 09:45

A unique small claims court case brought by a Honda hybrid car owner against the auto giant is rolling back into court Wednesday with a judge seeking more information about the claim of Heather Peters, who says her car failed to deliver promised mileage.

Los Angeles County Superior Court Commissioner Douglas Carnahan is not asking questions about the substance of the unusual lawsuit by Peters, the owner of a 2006 hybrid Honda Civic. But he wants more information on technicalities of its filing, such as the possibility of a statute-of-limitations problem.

He asked for additional legal arguments and scheduled another session of the trial in Torrance, the U.S. headquarters for Honda.

After testimony and arguments Jan. 3, he took the matter under submission and said he would have a ruling soon. But he removed it from submission in order to get clarification.

Peters, a former lawyer, has been using the Internet to try to rally other Honda hybrid owners to follow her example and go to small claims court rather than accepting a proposed class-action settlement by Honda.

Abortion foes march with eye on fall elections

•  Law Center     updated  2012/01/24 09:18

Thousands of abortion opponents marched to the Supreme Court on Monday to mark the 39th anniversary of the Roe v. Wade decision legalizing abortion, and supportive lawmakers urged them to further their cause by working to defeat President Barack Obama in the fall.

The "March for Life" has been held every year since 1974, a year after the landmark Supreme Court ruling. It's consistently one of the largest protests of the year in Washington, although soggy, chilly conditions likely kept this year's numbers down a bit.

House Speaker John Boehner addressed the group, reminding those gathered on the muddy National Mall that he's one of 12 children

"I'm sure it wasn't easy for our mother to have 12 of us, but I'm glad we're all here," the Republican lawmaker said. "I've never considered being pro-life a label or a political position. It's just who I am."

Several dozen members of Congress addressed the rally and were cheered by participants, many of whom carried signs reading "I Vote Pro-Life First," ''Defund Planned Parenthood" and "Face It ... Abortion Kills a Person."

Signs endorsing Republican presid


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