http://www.cuminggillespie.com

On behalf of twenty individual investors, McNally Cuming Raymaker, Alberta Injury Lawyers, reached a confidential settlement well into the millions of dollars with a Defendant Brokerage and Broker in a claim involving alleged improper investing, non-disclosure and non-compliance with a major investment. If you have suffered a loss due to the negligence of a Brokerage, Broker or securities dealer, please contact McNally Cuming Raymaker.

McLENNAN ROSS LLP / McNALLY CUMING RAYMAKER

This is to update you on developments since our April 26, 2006 update on the status of this litigation.

As of this update, we do not have a decision from the Court with regard to the Certification of our action as a Class Action.

We continue to work with counsel in the United States to have the HMS investor funds frozen in the First National Bank of San Diego transferred to the Alberta Courts.

We are also working with counsel in Indiana to recover funds which were invested by Garth Bailey, and which we believe are HMS investor funds.

On July 25, 2007 the Court approved our application for settlement with Garth S. Bailey, Garth S. Bailey Professional Corporation, Katherine Rodrigue-Bailey and her company Kirby Audit Services Inc. In summary, the terms of the Settlement are as follows:

• Judgment against Garth S. Bailey and Garth S. Bailey Professional Corporation for an amount to be determined;
• Garth S. Bailey and Garth S. Bailey Professional Corporation will disclose all trust records in their possession as they relate to the operation of the HMS Scheme to Plaintiff Class Counsel;
• Garth S. Bailey and Garth S. Bailey Professional Corporation shall provide full cooperation, without compensation, to the Plaintiffs with respect to the operation of HMS and related Defendant corporations, and with respect to any details regarding information as to the possible whereabouts of HMS investor funds;
• Payment of $27,504.00 by Katherine Rodrigue-Bailey and Kirby Audit Services Inc.

While the settlement amount may seem minimal, Mr. and Mrs. Bailey’s assets are minimal. The purpose of settlement with Mr. Bailey is to obtain his full co-operation in assisting us with pursuing other, more realistic avenues of recovery. Mr. Bailey has already sworn affidavits in support of our applications in San Diego and Indiana with respect to transferring investor funds to the Alberta Courts.

Yours truly,

Lynn Dechaine (for Graham McLennan)
Paralegal - Litigation
McLennan Ross LLP
Toll Free: 1-800-567-9200
Direct Line: (780) 482-9281
Fax: (780) 482-9100

McNally Cuming Raymaker can confirm that we are working with Docken and Company at 640, 840 – 6 Avenue S.W., and Marshall Attorneys at 2400, 144 – 4th Avenue S.W., both in Calgary, Alberta with respect to the Alberta portion of the proposed Vioxx national class action.

The national claim for Vioxx includes counsel from Sutts Strosberg at 600 Westcourt Place, Windsor Ontario, Siskind Cromarty Ivey & Dowler at 680 Waterloo Street, London, Ontario, Klein Lyons at 1220, 65 Queen Street West, Toronto, Ontario, Rochon Geneva at 121 Richmond Street West, Toronto, Ontario, and other law firms are proceeding through the Superior Court of Ontario. Our group is seeking carriage of the matter on a national level and we will keep prospective claimants apprised with further updates in due course.

It is anticipated that carriage motion with an alternate competing counsel group will occur by the end of 2007.

McNally Cuming Raymaker is working in conjunction with Roy Elliot Kim O’Connor of Toronto, Ontario with respect to these claims. Our counsel group is aligned with Tim O’Brien of Levin Papantonio Law Firm at 316 South Baylen Street, Suite 100, Pensacola, Florida and Mike Ryan of Krupnick Law at 700 S.E. Third Avenue, Suite 100, Fort Lauderdale, Florida, together with their respective multi-district litigation groups in the United States of America.

McNally Cuming Raymaker is currently seeking new Fosamax claimants who have suffered osteonecrosis of the jaw. Please contact James Cuming at McNally Cuming Raymaker for further information.

..Bacterial outbreak to blame.

The following article By KEVIN MARTIN was originally printed in the Edmonton Sun, it is re-printed here for your convenience.

“CALGARY - Children as young as a year old may have unknowingly been victims of painful lesions caused by a West Edmonton Mall bacterial outbreak, a Calgary lawyer said yesterday.

Jaime Cuming, who has filed a class action lawsuit, said parents of kids who developed the sores four years ago may not link them to a visit to the mall.

“It wasn’t something that arose the day after, or two days after,” Cuming told Sun Media, of the lengthy incubation period before the bloody lesions developed.

“It’s possible the (child’s) physician wouldn’t have known where the exposure would’ve come from,” he said.

Cuming has been instructed by the judge managing the lawsuit to seek publicity to determine how many people may have been infected.

He expects to seek certification for his class action suit this fall, once he determines how many potential victims are out there.

Cuming has filed a representative claim against West Edmonton Mall and its World Waterpark, after five-year-old Ethan Mintz developed lesions after visiting the site in early 2003.

A Capital Health Region study of the outbreak found 28 confirmed cases and 57 suspected cases linked to bacteria found in the park’s “dolphin” wading pool.

“The infections led to, in most of the children, open sores on their hands and feet, primarily their feet,” Cuming said.

The mall has filed a statement of defence disputing responsibility for the outbreak.

The lawsuit seeks general damages of $50,000 for each class member, although Cuming said if liability is proven, any payments will be dependent on the extent of each individual’s injuries.”

This article is copyright Sun Media and the Edmonton Sun. The original article can be found here.

We have a new class action against Guidant Heart Devices. Get more info on our Guidant web pages.

Discontinuance of Actions filed to date have been listed on the HMS Financial page.

The Alberta VIOXX claim will have a carriage motion which will likely occur before February 2007. The National claim is proceeding with a likely Certification hearing before July 2007.

Here is a copy of a letter from one of our clients that we helped with their Personal Injury Case.

“We lost our son and brother Stewart in April 2004 in a sudden and tragic traffic accident. We can not begin to describe the immense grief and emotional stress felt at this time. Within a week we were contacted by insurance companies asking for statements, to sign forms etc. We felt this was another hardship that we did not want to do or felt capable of handling. We were extremely fortunate to find Jamie Cuming & Craig Gillespie at Mcnally Cuming Raymker. They scheduled a meeting with ourselves and treated with the utmost care and understanding. They accepted our case and with Craig Gillespie as our main contact, kept us informed on a regular basis throughout the entire process of this difficult time. The professionalism, kindness and understanding shown by Craig and the staff at Mcnally Cuming Raymaker could never be exceeded. We feel extremely fortunate to have been represented by them and highly recommend them to anyone who may need their services.

Jeff, Brenda & Jen Schlender”

Let us help you and your family with your personal injury claims, we can help. Call 24 hrs for a no obligation consultation.

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Seroquel class action press release can now be seen here. (pdf, 69KB)