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eBay Beats Tiffany In Court Case Over Trademarks July 15, 2008 EBay Inc. scored an important victory in court Monday, as a federal judge said companies such as jeweler Tiffany & Co. are responsible for policing their trademarks online, not auction platforms like eBay. By Rachel Metz, Associated Press
Court Rules For NY Times In Anthrax Libel Case July 15, 2008 A federal appeals court has ruled against a former Army scientist who sued The New York Times over columns linking him to deadly 2001 anthrax attacks. Associated Press
Wis. Woman Accused Of Placing Dead Rat In Food July 15, 2008 A woman accused of planting a dead lab rat in restaurant food and demanding $500,000 to keep quiet was charged Monday with one felony count of extortion. Debbie R. Miller, 41, of Appleton, also faces misdemeanor counts of disorderly conduct and resisting an officer. Associated Press
New Zealand Teen Fined In Penn Computer Hack July 15, 2008 A New Zealand teenager who admitted to hacking into the University of Pennsylvania computer system was ordered Tuesday to pay more than $11,000 in fines but avoided a conviction so that he can help police solve computer crimes. Associated Press
Court Allows Deportation Of US Deserter July 15, 2008 Canada's federal court ruled Monday that an American army deserter can be deported to the United States, rejecting his request for a stay to the order. Associated Press
Appeals Court Upholds $15M Award To LAPD officers July 15, 2008 A federal appeals court on Monday upheld a $15 million award to three officers who accused the Los Angeles Police Department of wrongly arresting them and making them scapegoats during the notorious Rampart scandal. By Paul Elias, Associated Press
Indiscretion Scandal Ends Discreetly July 14, 2008 While most students at Texas Southern University are in need of financial aid, their former president dressed in Gucci, had a $17,800 couch and used a 25-place dinner set that cost $40,000. By Juan A. Lozano, Associated Press
Family: Woman With 5 Dead Spouses Obsessed By Cash July 14, 2008 Jeff Carstensen was spooked when he learned his grandmother planned to buy him a $100,000 life insurance policy and name herself the beneficiary.
"She told me that people of our stature have insurance policies on each other," he said. "That way, if something happens to you, you take care of me, and if something happens to me, I take care of you. It was all too suspicious. So I got out of there any way I could, as soon as I could."
As he and everyone else who came into Betty Neumar's orbit have learned, he apparently had good reason. By Mitch Weiss, Associated Press
NYC Formalizes Filming Rules July 14, 2008 Filmmakers and photographers who shoot on New York City's streets and sidewalks now have a clear set of rules dictating when they must obtain permits, after years of relying on loose guidelines that civil liberties advocates said were too vague. By Sara Kugler, Associated Press
Email Public Documents Disappear
Laws in all but a handful of states give the public access to government e-mail. But what if that e-mail was intentionally deleted or routinely purged? By Sudhin Thanawala, Associated Press
JonBenet Ramsey Case Getting 3rd DA In 12 Years July 14, 2008 When district attorney candidate Stan Garnett checked his cell phone after a long flight last week, he had dozens of messages asking his opinion about the latest DNA tests in the JonBenet Ramsey case. By Ivan Moreno, Associated Press
W.Va. Settles Selenium Lawsuit With Coal Mine July 14, 2008 Magnum Coal has agreed to give West Virginia $3.5 million and an enormous pile of love-seat-sized rocks to settle a Clean Water Act lawsuit over dumping selenium into a southern West Virginia river. By Tim Huber, Associated Press
9th Circuit Reinstates Emotional Distress Claim Related To Toxic Exposure July 11, 2008 A Washington man who had up to four gallons of toxic liquid splashed on him in May 2002 while he was working at a nuclear facility cannot prove that his exposure to radioactive materials caused him physical harm; however, he must be allowed to argue his state claims for emotional distress related to his exposure to nonradioactive materials, the Ninth Circuit U.S. Court of Appeals ruled.
Mealey Publications
Plaintiffs Seeking NuvaRing MDL Say Missouri Is Best Venue July 11, 2008 Plaintiffs seeking centralization of 62 personal injury and wrongful death cases against the maker of the NuvaRing contraceptive maintain that the U.S. District Court for the Eastern District of Missouri is the best location for the creation of a multidistrict litigation because it is most convenient to the parties and because Judge Rodney Sippel is experienced in handling multidistrict litigations.
Mealey Publications
Running Out The Clock July 11, 2008 Some fights of the 110th Congress have lost their oomph in the waning months before the November elections, with both parties content to run out the clock on messy matters like the war in Iraq, spending bills and various disputes with the White House. By Laurie Kellman, Associated Press
9/11 'Mastermind' Complains To Judge July 11, 2008 The alleged mastermind of the Sept. 11 attacks said Thursday that the U.S. military is making it difficult for him to serve as his own lawyer. By Mike Meli, Associated Press
Atlanta Courthouse Shooting Trial Begins July 10, 2008 The man accused of a courthouse shooting rampage that left four people dead
pleaded not guilty by reason of insanity as his trial began Thursday, more than
three years after prosecutors say Brian Nichols confessed in the killings. By Greg Bluestein, Associated Press
Christie Brinkley Settles Divorce Case July 10, 2008 A settlement has ended Christie Brinkley's nasty Long Island divorce trial. By Frank Eltman, Associated Press
Finding JonBenet's Killer Remains 'Final Goal' July 10, 2008 The family of Jon Benet Ramsey still holds out hope the 6-year-old beauty
queen's killer will be found, her aunt said Thursday, a day after prosecutors
cleared the girl's father, brother, and deceased mother in her slaying. By Catherine Tsai, Associated Press
Rodriguez, Michigan To Settle With WVU For $4M July 10, 2008 Former West Virginia University football coach Rich Rodriguez and the
University of Michigan have agreed to pay a $4 million buyout and settle a
lawsuit that WVU filed after he broke his contract in December. By Vicki Smith, Associated Press
4th Prison Term Looms For Serial Sock-Snatcher July 10, 2008 James Dowdy has gone to prison three times, and may go there again, for the
same crime: burglarizing homes and stealing women's socks. By Jim Suhr, Associated Press
Verizon Settles Suit Over Early Termination Fees July 10, 2008 Verizon Wireless has agreed to pay $21 million to settle a lawsuit filed by
California customers upset with the company's early termination fees, a lawyer
on the case said Wednesday. By Paul Elias, Associated Press
Suit Says Man Was Arrested For Nasty E-Mail Message He Didn't Write July 10, 2008 In April 2007, William Hallowell, an assistant in the library at the
Riverdale Country School in the Bronx, sent e-mail messages to his boss. He
apologized for not having been at work because of some family problems, and he
wrote that he was resigning, because he also needed more time to study. By Benjamin Weiser,
The New York Times
Federal Prosecutors Look Into Passport Snooping July 10, 2008 Federal prosecutors are investigating whether State Department employees
broke the law by snooping into the passport records of prominent politicians,
athletes and entertainers, Attorney General Michael B. Mukasey said. Associated Press
Miss. Mayor: More Charges In Sledgehammer Case July 10, 2008 The mayor of Mississippi's largest city and two police bodyguards were
indicted Wednesday on federal charges they conspired to demolish a private home.
The indictment comes a year after they were acquitted of state charges in the
same case. By Shelia Byrd, Associated Press
Ex-Editor Challenges 'Contractor' Status July 10, 2008 A former Web content editor for TripAdvisor LLC has filed a complaint in
Norfolk Superior Court on behalf of herself and other content providers for the
popular travel website, alleging the Newton company, owned by Expedia Inc.,
violates Massachusetts law by classifying them as independent contractors rather
than employees.
By Shelia Byrd,
The Boston Globe
Breyer Information Leaked Through File-Sharing Site July 10, 2008 A Supreme Court justice's birthday and Social Security number were exposed on the Internet after a McLean, Va., investment firm employee used an online file-sharing network at his office.
Associated Press
Massachusetts Investor Ponders Suing Rhode Island For Stock Devaluation July 9, 2008 A Massachusetts investor who previously suggested that the shareholders of the three defendant paint companies that were sued by the State of Rhode Island under a public nuisance theory related to the selling of lead-based paint and pigment should sue the state for devaluation of their stock as a result of the ongoing litigation told Mealey Publications on July 2 that he is reviewing the recent Rhode Island Supreme Court decision to determine how to proceed with a lawsuit.
Mealey Publications
Windstorm Exclusion Precludes Coverage For Damages To Insured Building July 9, 2008 No coverage exists for an air-conditioning system that was damaged by Hurricane Katrina because the policies at issue clearly excluded coverage for damages caused by windstorm, a federal judge said.
Mealey Publications
Sentencing Expert Charged With Bilking NYC Of $61K July 9, 2008 An ex-convict hid his criminal past to get work as a court-appointed sentencing consultant and bilked the city out of more than $60,000 with phony efforts to help dozens of poor defendants, authorities said Tuesday.
By Jennifer Peltz, Associated Press
Prisoners With Hepatitis C Sue California Prisons July 9, 2008 State prisoners with hepatitis C aren't getting the health care they need, according to a federal lawsuit filed Tuesday that adds to complaints about the medical treatment of California inmates. By Shaya Tayefe Mohajer, Associated Press
Calif. County Refuses To Ban Gay Marriage July 9, 2008 Kern County supervisors refused to ban gay marriage, rebutting a conservative group that sought to make it the first California county to reject the statewide policy. Associated Press
Judge To Bush Admin.: Guantanamo Is Top Priority July 9, 2008 A federal judge overseeing Guantanamo Bay lawsuits ordered the Justice Department to put other cases aside and make it clear throughout the Bush administration that, after nearly seven years of detention, the detainees must have their day in court.
By Matt Apuzzo, Associated Press
Appeals Court: EchoStar Not Barred From Lease Deal July 8, 2008 Federal law does not bar satellite television provider EchoStar Communications Corp. from leasing a transponder to another company to transmit network signals, a U.S. appeals court ruled Monday. By Walter Putnam, Associated Press
'Survivor' Producer Sued By Ex-Partner For $70M July 8, 2008 The producer of the hit reality series "Survivor" and "The Apprentice" has been sued in Los Angeles by his former business partner. Associated Press
Habitat Chapter Settles Lawsuit With Parent Group July 8, 2008 The oldest chapter of Habitat for Humanity has settled a lawsuit against the international organization that it had filed out of concern that the umbrella group would force it to give up a larger percentage of its donations. By Michelle Roberts, Associated Press
Settlements Reached In Clergy Abuse Lawsuits July 8, 2008 The Roman Catholic Archdiocese of St. Louis reached a financial settlement with six men who claimed they were sexually molested by five priests as far back as the 1960s, a victims' advocacy group said Monday. By Cheryl Wittenauer, Associated Press
A-Rod's Wife: Divorce Over 'Extramarital Affairs' July 8, 2008 A tumultuous week for Alex Rodriguez, played out in tabloid headlines and carried on the whispers of a connection to Madonna, came to a head Monday when his wife filed for divorce. By Curt Anderson and Jake Coyle, Associated Press
Marsh Proposes $69M Settlement Of Brokerage MDL Litigation July 8, 2008 Marsh & McLennan Cos. Inc. has filed a proposed $69 million settlement in the multidistrict litigation lawsuits alleging that it and others participated in broker-centered and global conspiracies involving undisclosed contingent commission agreements and bid rigging. In Re Employee-Benefit Insurance Brokerage Antitrust Litigation,
Mealey Publications
Federal Judge Affirms Confirmation Of ACandS Chapter 11 Plan July 8, 2008 After nearly six years in Chapter 11 bankruptcy, a federal judge entered an order affirming the confirmation of insulation contracting company ACandS Inc.’s plan of reorganization.
Mealey Publications
Judge Rules That Pfizer, Corporate Officers Concealed Adverse Results In Clinical Tests July 8, 2008 Corporate officers of pharmaceutical drug giant Pfizer Inc. knew that they were misrepresenting the status of two of Pfizer’s new drugs because they were in possession of information that the drugs had unfavorable results in three clinical studies, a federal judge ruled in granting in part and denying in part the defendants’ motion to dismiss a class action.
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Panel Overturns Wrongful Death Verdict, Limits Mississippi Discovery Rule July 8, 2008 A unanimous Fifth Circuit U.S. Court of Appeals panel overturned a $1.5 million wrongful death compensatory damages award for the survivors of a woman killed by breast cancer because the trial judge erred in finding that the claim was not barred by the statute of limitations.
Mealey Publications
Heirs Have No Interest In Copyright To First Pink Panther Movie, Panel Says July 7, 2008 The Ninth Circuit U.S. Court of Appeals agreed that assertions by a series of plaintiff-heirs that a writer co-authored the story treatment for the original Pink Panther movie fail because the writer had no control over the film. Bradley Richlin; Lance Richlin; Mark Mannis; Abigail Richlin Schwartz v. Metro-Goldwyn-Mayer Pictures Inc.; Geoffrey Productions Inc.,
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Questions Raised About Capital Case 24 Years Later July 7, 2008 Three months after four bodies were found shot execution-style in an airplane hangar on the B&B Ranch north of Dallas in 1984, chemical salesman Lester Leroy Bower Jr. was charged with capital murder. By Michael Graczyk, Associated Press
Stun Gun Thief Who Posted Video Gets Prison
July 7, 2008 A Wisconsin man who posted a video online showing him and his father shocking each other with a stolen stun gun has been sent to prison. Associated Press
Questions Raised About Capital Case 24 Years Later July 7, 2008 Three months after four bodies were found shot execution-style in an airplane hangar on the B&B Ranch north of Dallas in 1984, chemical salesman Lester Leroy Bower Jr. was charged with capital murder. By Michael Graczyk, Associated Press
Coca-Cola Settles Lawsuit For $137.5 Million July 7, 2008 The Coca-Cola Co., the world's largest beverage maker, has agreed to pay $137.5 million to settle a shareholder lawsuit that claimed company officials misrepresented or omitted information in public statements, causing the company's stock price to be inflated. By Harry R. Weber, Associated Press
After DC Gun Ban Overturned, City Seeks New Rules July 7, 2008 The Supreme Court's decision June 26 rebuffed the strictest gun law in the nation.
The National Rifle Association called it "a great moment in American history." But prospective gun buyers and sellers said they remain on hold, awaiting the response of D.C. officials who are scrambling to draft new handgun regulations that comply with the court ruling. By Brian Westley, Associated Press
Employers Use Federal Law To Deny Benefits July 7, 2008 Dying of cancer, Thomas Amschwand did everything he was told to make sure his wife would collect on the life insurance policy he had through his employer. By Mark Sherman, Associated Press
District Court Committed Clear Error In Finding Trademark Nongeneric July 7, 2008 The First Circuit U.S. Court of Appeals held that a district court’s likelihood of confusion analysis incorrectly gave too much weight to an erroneous finding that the term “duck tour” is not generic. Boston Duck Tours LP v. Super Duck Tours LLC,
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Federal Circuit Affirms Summary Judgment Of Noninfringement July 7, 2008 A patent should not be construed to encompass all disclosed embodiments when doing so would contradict the claim language, the Federal Circuit U.S. Court of Appeals held. TIP Systems, LLC, et al. v. Phillips & Brooks/Gladwin, Inc., et al.,
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Claims Alleging Abuse By Colorado Priests Settled July 2, 2008 The Roman Catholic Archdiocese of Denver has agreed to pay $5.5 million to settle 18 more claims by people who said they were sexually abused by priests when they were children. By Catherine Tsai, Associated Press
Florida Prepares For 1st Execution Since Foul Up July 1, 2008 Florida's new procedure for lethal injections could be tested Tuesday when executioners strap down a condemned inmate for the first time since a botched execution. By Dionne Walker, Associated Press
Florida Travel Agencies Sue Over New Cuba Travel Law July 1, 2008 Dozens of Florida-based travel agencies have sued the state trying to block a new law that would make it harder to book trips to Cuba. Associated Press
Cyclist Floyd Landis Loses Doping Ban Appeal July 1, 2008 Floyd Landis used the arbitration process as public theater to try to prove a point and regain his reputation. In the latest attempt that almost certainly will be his last, the anti-doping establishment slapped down the one-time 2006 Tour de France winner once more, ruling Landis didn't play fair, on the bike or in the hearing room. By Eddie Pells, Associated Press
Judges Cite Nonsense Poem In Guantanamo Case July 1, 2008 A federal appeals court reviewing evidence at Guantanamo Bay compared a Bush administration legal argument to one made by a hapless, dimwitted character in a 19th century nonsense poem by Lewis Carroll. By Matt Apuzzo, Associated Press
N.D. Supreme Court Revives Workers' Comp Charges July 1, 2008 North Dakota's Supreme Court revived two felony charges Monday against a former state workers' compensation director, saying prosecutors may put him on trial for allegedly misspending more than $18,000 in agency funds. Associated Press
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