Legal Book » circuit

7th Circuit Favors British Firm in Dispute Over French Press Coffee Makers

Master — Wed, 08 Sep 2010 22:46:42 +0000

The 7th Circuit, in ruling in favor of a British manufacturer of French press coffee makers, served up extensive dicta about how U.S. courts should interpret foreign law

What Good Is Remorse?

Master — Sat, 04 Sep 2010 06:29:52 +0000

Redemption through a showing of remorse is a common path in society — but, ask Joel Cohen and Katherine A. Helm, what role does remorse play in a court of law? Can people get a second chance at being repatriated into the community if they are remorseful about their actions, after they’ve been caught and even convicted?

Bid to Eradicate ‘Ladies Nights’ Fails at 2nd Circuit

Master — Fri, 03 Sep 2010 05:34:37 +0000

A one-man campaign against “Ladies Nights” did not get far. The 2nd Circuit has rejected Roy Den Hollander’s claim that the Copacabana Nightclub and other establishments were “state actors” who violated the U.S. Constitution by charging men more for admission and drinks than women.

2nd Circuit Upsets Fine Imposed in KPMG Tax Shelter Case

Master — Tue, 31 Aug 2010 06:11:16 +0000

A judge’s decision to impose a $6 million fine on a man convicted in the KPMG tax shelter case has been was vacated by the 2nd Circuit.

Bankruptcy Action Can Be ‘Commenced’ Despite Failure to Meet Law’s Requirements, 2nd Circuit Says

admin — Sat, 28 Aug 2010 04:12:37 +0000

A bankruptcy action can be considered “commenced” even when a debtor has failed to meet a requirement imposed by Congress that he first receive credit counseling, the 2nd U.S. Circuit Court of Appeals has ruled. Interpreting a “statutory tangle” of bankruptcy provisions, the circuit said the counseling requirement under 11 U.S.C

FCC Seeks En Banc Rehearing of 2nd Circuit Ruling on Indecency Policy

admin — Sat, 28 Aug 2010 04:12:36 +0000

The Federal Communications Commission is seeking an en banc rehearing in the “fleeting expletives” case. In July, a three-judge 2nd Circuit panel ruled that an FCC policy fining broadcasters for airing certain expletives was unconstitutionally vague. Now, the FCC wants the entire circuit court to hear its case, arguing in a petition that a rehearing is needed to “maintain uniformity of the court’s decisions, and also to address exceptionally important questions about the agency’s ability to enforce federal law.”

7th Circuit Cites New Health Care Law in Univ. of Chicago Medicare Ruling

Master — Fri, 27 Aug 2010 18:42:51 +0000

The 7th U.S. Circuit Court of Appeals created a circuit split by ruling that Medicare should reimburse the University of Chicago Medical Center for medical residents’ research work not related to Medicare patients. By upholding a Northern District of Illinois ruling that the medical center is eligible for Medicare reimbursements for “indirect medical education” expenses, such as research, this ruling stands in opposition to a 1st Circuit 2008 holding

6th Circuit: Pharma Negligence Claim Not Pre-empted by FDA Approval

admin — Sat, 21 Aug 2010 05:17:52 +0000

The estate of Mary Buchanan, who died after taking Wyeth’s drug Redux, sued the drugmaker in a case that failed at the federal district court level.

11th Circuit: Term ‘Boy’ Doesn’t Prove Race Discrimination

Master — Fri, 20 Aug 2010 04:22:12 +0000

During 14 years of litigation over claims that he was denied a promotion because he is black, John Hithon has twice been awarded jury verdicts of more than $1 million. His case prompted the U.S. Supreme Court to say that using the word “boy” to describe an African-American man could by itself be evidence of discrimination

Credit Report Agencies Liable if They Pass On Bad Watch List Data

Master — Fri, 20 Aug 2010 04:22:07 +0000

In a significant setback for credit reporting agencies, the 3rd Circuit has ruled that consumers have the right to sue if a credit report includes inaccurate information drawn from a government watch list. The opinion marks the first time that a federal appellate court has held that such information is regulated by the federal Fair Credit Reporting Act, and could force Trans Union and other credit reporting agencies to overhaul their policies for handling such information in order to guarantee its accuracy.

9th Circuit Panel for Prop 8 Appeal Won’t Be Known for Months

admin — Thu, 19 Aug 2010 03:36:53 +0000

No one knows yet which judges on the 9th U.S.

9th Circuit: Stolen Valor Act Unconstitutional

admin — Wed, 18 Aug 2010 21:09:02 +0000

A three-year-old federal law that makes it a crime punishable by up to a year in jail to falsely claim to have received a medal from the U.S. military is unconstitutional, a 9th Circuit panel ruled Tuesday.

2nd Circuit: Tougher Sentence Did Not Violate ‘Ex Post Facto’ Clause

Master — Wed, 18 Aug 2010 11:28:01 +0000

A criminal sentenced under tougher sentencing guidelines than in effect when he began his fraudulent conduct cannot claim a violation of the ex post facto clause of the U.S. Constitution, the 2nd Circuit has ruled. A divided circuit upheld the 2006 sentences of two Computer Associates defendants related to a fraudulent accounting practice, ended in 2000, under which the company backdated contracts executed in the first few days of a financial quarter to recognize that revenue in the prior quarter.

1st Circuit: U.S. Doesn’t Violate the Fourth Amendment by Keeping a DNA Profile

admin — Mon, 16 Aug 2010 21:10:35 +0000

The 1st U.S. Circuit Court of Appeals has ruled that the U.S

2nd Circuit Finds Attorney Violated Drug Document Order in Zyprexa Suit

admin — Fri, 13 Aug 2010 08:21:43 +0000

New York federal Judge Jack B. Weinstein had every right to block a lawyer who was not involved in the Zyprexa product-liability litigation before him from disseminating documents that were subject to a protective order, the 2nd Circuit ruled Thursday.

In $22 Million Fee Swing, 9th Circuit Vacates Attorney Fee Award to EchoStar

admin — Thu, 12 Aug 2010 05:27:11 +0000

In 2008, a federal district court jury in California found that pay-TV provider NDS had intercepted EchoStar’s satellite signal in a single test of piracy methods, but they awarded EchoStar a whopping $45.69 in actual damages and $1,500 in statutory damages — not exactly the $2 billion EchoStar sought. Both sides were awarded attorney fees with a net award of $4 million to EchoStar’s lawyers

Appeal Heard in Case Challenging University’s Consideration of Race in Admissions

Master — Thu, 05 Aug 2010 03:22:55 +0000

In Tuesday arguments at the 5th Circuit, lawyers for two women denied admission to the University of Texas at Austin asserted that their suit challenging the constitutionality of the school’s use of race in admissions should move forward.

Ruling Highlights Disparity Between Male, Female Law Partners

Master — Wed, 04 Aug 2010 05:54:41 +0000

A recent 3rd Circuit decision, in which a female partner was unable to sue for sex discrimination because she had voting rights and shared in firm profits, did little to change the law but much to bring to the fore the issue of parity between men and women lawyers.

3rd Circuit Revives Rape Victim’s Civil Rights Case

admin — Wed, 04 Aug 2010 05:54:39 +0000

Women’s groups and victims’ rights advocates are praising a federal appeals court’s decision on Monday to revive a civil rights suit against police brought by a Pennsylvania woman who said she was jailed for five days on charges of making a false report after she was raped and robbed at gunpoint. The 3rd Circuit ruling is important, advocates said, because it rejected antiquated notions of how sexual assault victims should be viewed.

Case Survives Mishandling of Intercepted Pager Records

admin — Tue, 03 Aug 2010 06:11:01 +0000

Addressing for the first time whether the use of handwritten logs are “sealed” to satisfy the recording requirement, the 2nd Circuit joined the 4th and 9th circuits, overturning a lower court that found the logs a “violation of constitutional magnitude” requiring their suppression.

In Wake of ‘Heller,’ 3rd Circuit OKs Ban on Unnumbered Guns

admin — Fri, 30 Jul 2010 05:32:08 +0000

In an important Second Amendment decision that charts a course for evaluating the validity of gun laws now that the Supreme Court has declared the right to be an individual one, the 3rd Circuit has refused to strike down a federal law that bans possession of guns with obliterated serial numbers.

March Trial Date Set for Barry Bonds’ Perjury Case

Master — Tue, 27 Jul 2010 06:09:14 +0000

The government is forging ahead with its perjury case against Barry Bonds. California federal Judge Susan Illston tentatively agreed on Friday to a March trial date for the baseball legend. In June, the 9th Circuit found that evidence allegedly linking Bonds to steroid use was hearsay, and can’t be used to convict him of perjury

Piloting E-Discovery Rules in the 7th Circuit

Master — Sat, 24 Jul 2010 05:21:13 +0000

What should the bench do to help lawyers navigate EDD disputes? Courts need to borrow from a 7th Circuit program, which states that “zealous representation of a client is NOT compromised by conducting discovery in a cooperative manner,” says an attorney on the circuit’s EDD committee.

Retirees’ Bankruptcy Protection Act Trumps ERISA, 3rd Circuit Rules

admin — Sat, 17 Jul 2010 03:18:17 +0000

In a huge win for labor, the 3rd Circuit has ruled that a corporation in bankruptcy cannot terminate its retirees’ health and life insurance benefits — even if its ERISA plan explicitly reserved its right to unilaterally terminate such benefits — unless it can show that doing so is a necessary part of its reorganization plan. The decision promises to alter the playing field in big corporate bankruptcies by mandating compliance with Section 1114 of the Retiree Benefits Bankruptcy Protection Act without exception.

10th Circuit Finds Church Immune From Workplace Discrimination Suit

admin — Fri, 16 Jul 2010 06:01:19 +0000

An Oklahoma woman who alleged that a Catholic bishop subjected her to “severe and pervasive” gender and age discrimination at work is not entitled to protection by federal employment laws, the 10th Circuit has ruled, making it the latest court to weigh in on the issue of the “ministerial exception.” The circuit concluded that the plaintiff’s duties were not just administrative but also spiritual, therefore granting the church immunity from her suit.