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Litigation News
The Securities And Exchange Commission Filed A Complaint In The United States District Court
The Securities and Exchange Commission filed a complaint in the United States District Court for the District of Vermont, on June 30, 2005, seeking a permanent injunction against Terry's Tips, Inc., a Vermont corportation and Terry F. Allen for violations of the antifraud provisions of the Securities Exchange Ac of 1934 and the Investment Advisers Act related to their operation of "autotrading" programs. The complaint alleges that Terry's Tips and Allen have had more than 1200 clients who have invested through its autotrading programs. The complaint also alleges that Terry's Tips and Allen published performance projections in which they stated subscribers could expect annualized returns of 100% by following Allen's trading strategies, while at the same time portfolios following these strategies were actually experiencing substantial losses.The complaint seeks permanent injunctive relief, disgorgement of illegal profits with prejudgment interest and civil monetary penalties based on alleged violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder and violations of Sections 206(1) and 206(2) of the Investment Advisers Act of 1940. The Commission would like to acknowledge the assistance of the State of Vermont Department of Banking, Insurance, Securities and Health Care Administration.
Product liability litigation can arise when a consumer is injured or killed by a defective product.
Under the Trade Practices Act, applicable after July 9 1992, the product liability provisions grant to take legal actions to those who suffer loss or injury due to a defective product or service and give grounds to take legal action against the manufacturer and/or supplier of that particular product.
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Definition:
The subpoena duces tecum refers to the command to a witness to deliver documents.
Clerk of Court
Definition:
A clerk of court is an officer that works closely with the chief judge and oversees the administration and assists in management of case flow and court records.
In forma pauperis
Definition:
Informa pauper means literally ?in the manner of a pauper.? While the plaintiff makes claim of poverty, he/she has the permission to sue without paying court fees.
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