FAMU band leader out in wake of death

The president of Florida A&M University moved Wednesday to dismiss the school's longtime band director in the wake of last weekend's hazing-linked death of a drum major in the school's famed marching band.

Supreme Court adds 7 cases to 2011 docket

[JURIST] The US Supreme Court [official website] on Monday granted certiorari [order list, PDF] in eight cases, consolidating two for oral arguments. In Filarsky v. Delia [docket; cert. petition, PDF], the court will consider whether a lawyer retained to work with government employees in conducting an internal affairs investigation is precluded from asserting qualified immunity solely because of his status as a "private" lawyer rather than a government employee. Firefighter Nicholas Delia brought suit against the city of Rialto, the...

Holiday Decorations: Can I Be Liable for Injuries?

It's that time of the year again: holiday decorations are likely appearing on your front yard (from about now, through Christmas). But if you're channeling your inner Martha Stewart and are currently decking out your property, be careful. If your decor...

Kirkland Wins $70 Million Patent Verdict for Alcatel in Retrial Against Microsoft

After seeing two large patent infringement awards tossed out in its pursuit of Microsoft, Alcatel-Lucent has secured a $70 million jury verdict over Microsoft's Office software. But Microsoft is already hinting at how it may try to get another award to...

Federal Circuit upholds sanctions over patent suits brought in 'bad faith'

In a rare ruling in a patent case, the Federal Circuit has upheld sanctions against a patent holding company without a finding of inequitable conduct, in a decision that discussed the inequities involving "patent trolls" that use their patents solely t...

Rescuers Sue Woman They Saved From Burning Vehicle

Two men honored as heroes for rescuing a woman from her burning sport utility vehicle after it crashed have sued her, claiming they're physical and emotionally scarred by the experience and seeking damages in excess of $25,000 for each man.

Former Ropes & Gray associate sues firm alleging racial bias

Claiming he was treated as a "token black associate," a former Ropes & Gray associate has filed a racial discrimination and retaliation case against the firm, 13 of its partners and the firm's former chief people officer in Boston federal court.

Legal for Telemarketers to Call My Cell Phone?

Is there anything more annoying than a telemarketer calling your cell phone? There is a way to avoid this: put your cell phone number on the national Do Not Call Registry. After all, no one wants to answer a phone call only to hear an automated adverti...

Supreme Court to rule on health care reform law

[JURIST] The US Supreme Court [official website] agreed Monday to hear arguments on the constitutionality of the Patient Protection and Affordable Care Act (PPACA) [text; JURIST backgrounder]. The court granted certiorari [order list, PDF] in three sep...

Federal judge rules Florida courthouse must remove Ten Commandments monument

[JURIST] A federal judge on Friday ordered [text, PDF] Florida's Dixie County Courthouse to remove the Ten Commandments monument [JPG] displayed on the front steps of the courthouse. The American Civil Liberties Union of Florida (ACLUFL) [advocacy webs...

Plaintiffs Lawyers in Muni Bond Bid-Rigging MDL Delay JPMorgan Deal with State Ags

Facing plaintiffs lawyers' arguments that a $211 million deal that JPMorgan reached this month in the giant municipal bond bid-rigging litigation was unfair, the federal judge overseeing the case has agreed to delay part of the settlement.

Google's Chief Legal Officer Lashes Out Online

When Google chief legal officer David Drummond posted an eight-paragraph missive, "When patents attack Android," on a Google blog Wednesday, did he make his case about the chokehold of patent litigation -- or did he make a huge misstep?

Should You Holla 'We Want Prenup?'

Now, I ain't saying she's a gold digger. But look, your newest beau is sporting the most expensive Louis Vuitton bag, a $500 haircut, and designer jeans that cost more than your weekly salary. Sure, you think she loves you for your winning personality....

Murray trial last defense witness testifies

Round two of the battle of the propofol experts enters it final stage Friday in the trial of Michael Jackson's doctor as the defense anesthesiology expert resumes his testimony that began Thursday.

Thai defendants argue that bribery-related charges are a reach too far

A former government official in Thailand and her daughter have moved to dismiss criminal charges tied to a Hollywood couple who were convicted as part of a bribery scheme, calling the indictment "a novel prosecutorial approach" and a "case of first imp...

Federal appeals court strikes down Wisconsin ban on hormone therapy for inmates

[JURIST] The US Court of Appeals for the Seventh Circuit [official website] on Friday upheld [opinion, PDF] a lower court's ruling invalidating the Inmate Sex Change Prevention Act [Act 105 text], which prohibited the Wisconsin Department of Correction...

Tim McGraw Court Battle: Is He Barred from Recording New Music?

Country music star Tim McGraw's court battle with Curb Records has gotten ugly. A court hearing will be held on November 29 to determine whether or not McGraw can record new songs while his contract dispute with the recording label remains unsettled. T...

Wachovia Bondholders Reach Record Settlement for $627 Million

Wells Fargo stated in a quarterly filing with the Securities and Exchange Commission that it has agreed to settle litigation with Wachovia bondholders for $590 million. Defendant KPMG will pay an additional $37 million, bringing the plaintiffs' recover...

Ohio collective bargaining law to go before voters in November

[JURIST] Ohio voters will decide whether to repeal a law [SB 5 text, PDF] limiting the collective bargaining rights of state workers after opponents of the bill gathered 915,456 signatures [press release] Thursday, almost 700,000 more than the required...

Ninth Circuit again partially reinstates 'Don't Ask Don't Tell'

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Friday ordered [text, PDF] that "Don't Ask Don't Tell" (DADT) [10 USC 654; JURIST news archive], the controversial policy barring openly gay individuals from serving in the military, will remain partially in effect during the 60 days prior to its newly-scheduled repeal. The court effectively reiterated its order issued [JURIST report] last week, in which it reinstated DADT, but explicitly ordered the military to refrain from...

Federal Judge Tosses Securities Fraud Lawsuits

An Atlanta judge has tossed out securities fraud suits against the United States' largest supplier of blood reagents to hospitals, blood banks, clinical labs and blood donation centers. But in doing so, he raised a red flag about Immucor's assurances a...

BankAtlantic Securities Class Action Judge Sanctions Labaton Sucharow, Kessler Topaz over Confidential Witness

In the latest in a string of decisions cracking down on unnamed sources in securities fraud cases, a federal judge has sanctioned Labaton Sucharow and Kessler Topaz over misrepresentations about a confidential witness in the BankAtlantic securities lit...

Judge Kaplan Green-Lights Most Claims in Giant Lehman Securities Case

A federal judge ruled Wednesday that many of the core claims could move forward in the mammoth securities fraud case against five former top Lehman officers, nine former directors, outside auditor Ernst & Young and 51 underwriters of Lehman securities.

Ciavarella Sentenced to 28 Years in Prison

Former Luzerne County, Pa., Judge Mark A. Ciavarella Jr. has been sentenced to 28 years in federal prison. Ciavarella, who was found guilty of 12 of 39 counts of corruption, said he had been unfairly demonized when the prosecution used the term "kids-f...

Patent Troll with Big Law Pedigree Maintains Litigation Blitz, Survives Early ITC Challenge

Ogma, a so-called "patent troll" with a big law pedigree that has launched a patent war against smartphone-makers and major tech companies in separate actions, has survived a pre-emptive challenge, suggesting its claims won't be swatted down so easily.

House GOP members attempting to delay 'Don't Ask Don't Tell' repeal

[JURIST] Two Republican Congressmen have sent a letter [text; PDF] to Defense Secretary Leon Panetta [official profile] asking to delay the repeal of "Don't Ask, Don't Tell" (DADT) [10 USC 654; JURIST news archive], scheduled to go into effect next Tuesday. Congressman Buck McKeon (R-CA), the Chairman of the House Armed Services Committee, and Congressman Joe Wilson (R-SC) [official websites], Chairman of the Military Personnel Subcommittee, indicated that they have requested copies of the regulations and procedures being applied...

Oregon governor blocks executions for rest of term

Oregon Gov. John Kitzhaber blocked the execution of a death row inmate on Tuesday and said no more executions will take place in the state as long as he is governor.

Littler Wins Appellate Ruling for El Paso in Pension Plan Dispute

Interpreting this year's U.S. Supreme Court ruling in Cigna Corp. v. Amara, the 10th Circuit has clarified how much information a company must disclose to workers about pension plan changes.

How To Protect Yourself In a Business Partnership

Guest post by Jennifer K. Halford, Esq. Many small business owners chose to operate as a general partnership. In  my experience, however, few business owners know how to protect themselves in their partnership. The following are a few things t...

Ashurst to Extend Flextime Options for Equity Partners

London-based Ashurst has rolled out a new flexible work scheme for equity partners, intended to make it easier for them to work part time without hindering their progress through the lockstep compensation system. One of the motivating factors for the n...

Sandusky denies newest allegations

Former Penn State University assistant football coach Jerry Sandusky denied Wednesday two new allegations of child abuse that authorities are investigating, his attorney said.

Serbia urges US to block execution of citizen

[JURIST] The Serbian government filed an amicus curiae on Friday in a Nevada court seeking to block the execution of a Serbian citizen on the grounds that the country's consulate was not informed of the man's arrest in 1994. Serbia contends that Avram ...

D.C. Circuit Rules For Zuckerman Spaeder In Fee Dispute

The D.C. Circuit has ruled for Zuckerman Spaeder in its fight to force a former client in a tax fraud case to pay $834,000 in fees. Counsel for the former client said the decision continues a circuit split on the procedural question of when to invoke t...

Woman sues Australian banks over son's eBay scam

An Australian woman is suing the nation's top four banks for their alleged role in laundering money from her teenage son's $200,000 eBay scam that afforded him a $6,000-a-day playboy lifestyle.

DOJ challenges Alabama immigration law

[JURIST] The US Department of Justice (DOJ) [official website] on Monday filed a complaint [text, PDF] in the US District Court for the Northern District of Alabama [official website] challenging an Alabama law [HB 56 text] that expands restrictions on...

Tobacco companies challenge cigarette labeling regulations

[JURIST] A group of four tobacco companies sued [complaint, PDF] the US government Tuesday claiming that new cigarette labeling regulations [FDA materials] violate their First Amendment [text] rights. The suit, filed against the Food and Drug Administr...

Investigator sues DA in Savannah

An investigator who worked for Chatham County District Attorney Larry Chisolm has filed suit in federal court in Georgia, claiming he was forced to resign after he rejected the district attorney's sexual advances.

Federal appeals court dismisses health care suit for lack of standing

[JURIST] The US Court of Appeals for the Third Circuit [official website] upheld [judgment text] a lower court's dismissal [JURIST report] of a challenge to the 2010 Patient Protection and Affordable Care Act (PPACA) [HR 3590 materials; JURIST news arc...

The Law Firm Management Center is Your One-Stop Law Firm Resource

Law school is enjoyable but demanding. You'd think after three years of hitting the books and participating in internships, externships, mock trials and everything in between newly-minted esquires would be ready to hit the ground running. Wrong. Very f...

The Citadel details abuse allegation

With many focused on the Penn State child sex abuse scandal, The Citadel said it regrets not pursuing an allegation against a camp counselor further than it did.

Drug Expert Called a 'Scumbag?' Steven Shafer Criticized by Witness

Conrad Murray's trial has taken a strange turn. Defense witness and medical expert Dr. Paul White reportedly called one of his former colleagues a "scumbag." Dr. Steven Shafer, the prosecution witness who was insulted, used to be one of White's colleag...

ACLU appeals same-sex domestic partnership case to Montana high court

[JURIST] The American Civil Liberties Union (ACLU) [advocacy website] appealed [press release] a case over same-sex domestic partnerships Thursday to the the Montana Supreme Court [official website], arguing that denying partnership rights to same-sex ...

Ban on Non-Lawyer Investments Defies Market Reality, Firm Argues

On the heels of an American Bar Association commission vote to permit non-lawyers to hold a minority ownership role in law firms, Jacoby & Meyers on Friday fired broadside at a New York court rule barring firms from accepting outside investments. In it...

North Dakota court temporarily blocks medical abortion law

[JURIST] A North Dakota judge on Thursday issued a temporary injunction [press release] against a state law [HB 1297 text] that effectively bans non-surgical abortions [JURIST news archive]. The Center for Reproductive Rights (CRR) [advocacy website] f...

White House threatens veto of defense spending bill over detainee provisions

[JURIST] The White House released a statement of administration policy [text, PDF] on Thursday praising the work of the Senate Armed Services Committee (SASC) [official website] on the National Defense Authorization Act for 2012 [SB 1867, PDF] but warning that President Barack Obama [official website] could veto the bill if it "challenges or constrains the President's critical authorities to collect intelligence, incapacitate dangerous terrorists, [or] protect the Nation." The White House expressed serious concerns about provisions in the bill governing...

Citing Harassment, Former Partner Sues Irell & Manella

Former Irell & Manella partner Juliette Youngblood has sued the firm, citing unequal pay, retaliation and wrongful constructive termination. She alleges that discriminatory actions against her intensified after an "inappropriate" encounter with fellow ...

Agent Who Smuggled Cuban Players into US Has Conviction Reversed

He came to fame when he negotiated the contract for Rene Arocha, the first Cuban ball player to defect to the U.S. But years later, agent Gustavo "Gus" Dominguez would instead become known for smuggling Cuban baseball players into the country. And that...

Are Oral Contracts Enforceable?

Despite popular belief, oral contracts are enforceable. They usually are not in your best interests, and end in a "he said, she said" battle. But as long as there is enough evidence, a court will enforce an oral agreement. However, there is one particu...

Mother of missing Arizona 5-year-old arrested

Arizona authorities on Monday arrested the mother of a 5-year-old girl last seen more than a month ago, a police sergeant said.

Alleged stalker of actress Selena Gomez pleads not guilty

A man accused of stalking television actress and singer Selena Gomez, 19, pleaded not guilty Thursday, according to a statement from the Los Angeles County district attorney's office.

Brother of Philadelphia dungeon captive speaks out

All of his years of military training couldn't prepare Sgt. Robert Sanabria for what happened a few weeks ago. He received a call that his brother Edwin was one of four mentally disabled people held captive.

You Can't Use a Prison Shank for Self Defense, 9th Circuit Rules

Lenny Urena is probably not the only prisoner who believes being called a "bitch" justifies assaulting the name-caller. But the Ninth Circuit disagrees. The appeals court has struck down Urena's request for a self-defense jury instruction in his prison...

Wyoming federal court strikes down Obama alterations to Energy Policy Act

[JURIST] A federal judge for the US District Court for the District of Wyoming [official website] on Friday struck down a set of administrative rules advanced by the Obama administration last year that placed stricter limits on environmental impact req...

Vikings player charged with domestic assault

Minnesota Vikings cornerback Chris Cook was arrested and charged with domestic assault Friday night, the Hennepin County, Minnesota, sheriff's office said.

Opinion: Oregon's death penalty halt merciful and right

Oregon Gov. John Kitzhaber may have angered some, but he was within the law -- and on principled ground -- in getting his state out of the capital punishment business.

Supreme Court opens 2011 term

[JURIST] The US Supreme Court [official website] opened its 2011 term Monday with oral arguments [day call, PDF] in two cases. In Reynolds v. United States [transcript, PDF; JURIST report], the court heard arguments on the retroactive application of th...

Immigrant rights group challenges public referendum to overturn Maryland DREAM Act

[JURIST] The Casa de Maryland [advocacy website] immigrant rights group filed a challenge [brief] Monday to a public referendum over a Maryland law providing in-state tuition to undocumented college students. The group filed the challenge in the Maryla...

Worker: I was fired from supermarket chain because I'm Muslim

A former Whole Foods Market employee says he was fired because he is Muslim.

'Thank you for being there for me'

In brief remarks to the media just after returning to her hometown of Seattle, an emotional Amanda Knox thanked those who believed in her and supported her fight to overturn her murder conviction in Italy.

Supreme Court hears arguments on preemption

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] Wednesday in two cases on preemption. In National Meat Association v. Harris [transcript, PDF; JURIST report], the court considered where the federal regime of slaughterhouse regulation as established by the Federal Meat Inspection Act ("FMIA") [text], as amended by the Wholesome Meat Act of 1967 and the Humane Methods of Slaughter Act preempted a subsequent California law imposing additional and arguably contrary requirements. The petitioner argued that...

Supreme Court Sides With Insurers on Value of Medical Damages

In one of the hottest cases on the California Supreme Court's docket, the justices sided 6-1 with the insurance industry Thursday, ruling that personal injury plaintiffs are not entitled to full recovery of medical bills if their insurers paid only a s...

Third Circuit Upholds Bacardi's 'Havana Club' Brand, Rejecting Pernod Ricard Challenge in Decades-Old Trademark Dispute

Bacardi can toast to another victory in the company's 14-year trademark battle with Pernod Ricard over the name "Havana Club." But they might want to drink up fast; Pernod has never been one to shy away from protracted litigation, and they may crash th...

Coach: 'Horsed around,' but didn't molest

Former Penn State assistant football coach Jerry Sandusky insisted in an interview Monday he is "innocent" of charges that he sexually abused young boys, denying to NBC's Bob Costas that he's a pedophile.

Lodsys Beefs Up Complaint, Adds 'Angry Birds' Claim in Suit Against App Developers

Patent holding company Lodsys has added five new defendants, including the creator of the absurdly popular Angry Birds app, to its federal district court infringement suit against the developers of popular iPhone and iPad apps.

Gay Marriage Opponents Attack New Law on Multiple Fronts

As the afterglow lingers from New York state's first same-sex marriages, opponents are seeking to force the invalidation of the long-awaited unions. One suit charges that the Marriage Equality Law was rammed through the state Senate in violation of the...

Indian trust lawsuit leader Cobell dies at 65

[JURIST] Elouise Cobell, who successfully led plaintiffs in the Indian trust class action lawsuit [class action website] against the US Department of the Interior (DOI) [official website], died from cancer Sunday at age 65. The resulting $3.4 billion s...

Supreme Court stays Texas execution

[JURIST] US Supreme Court [official website] Justice Antonin Scalia on Thursday ordered a stay of execution [text, PDF] for Duane Buck, a convicted murderer in Texas, pending a determination on whether to grant certiorari [writ text, PDF] in the case. ...

US soldier sentenced for murder of Afghanistan civilians

[JURIST] A soldier with the US Army [official website] was sentenced on Friday for his role in murdering an unarmed teenage Afghan civilian. Private Andrew Holmes was sentenced to seven years in prison [AFP report] as part of a plea deal that he agreed...

Twitter Brief Competition: an Entire Appellate Brief in 140 Characters or Less?

At its annual meeting each year, the State Bar of Texas Appellate Section hosts a competition challenging lawyers to write appeals using formats such as limericks, Haiku poems and song lyrics. Searching for something different this year, the group turn...

Search continues for Washington toddler left in car by mother

The search continued Monday for a 2-year-old boy, who police said went missing after being left alone in a car by his mother the previous day.

Police Need a Warrant to Put GPS on Your Car

Warrantless GPS tracking will make its way to the Supreme Court this week, when the justices are scheduled to hear oral arguments in U.S. v. Jones. The court will consider whether police must first obtain a warrant before placing a GPS device on a susp...

Gibson Dunn Cites 'Smoking Gun' Evidence that Facebook Ownership Challenge Is a Fraud, Hints at Sanctions over Allegedly Phony Contract

Lawyers for Facebook have filed papers asserting that they've found "smoking gun" evidence that disproves the authenticity of the purported contract at the heart of Paul Ceglia's suit claiming he owns 84 percent of the social networking behemoth.

Bank of New York to NY AG: Stay Out of Our $8.5 Billion Deal

Bank of New York Mellon filed a motion Tuesday opposing New York Attorney General Eric Schneiderman's request to intervene in the Article 77 proceedings governing approval of its proposed $8.5 billion settlement on behalf of investors in Countrywide mo...

Judge rules that Dodgers owner is free to sue Bingham for malpractice

Los Angeles Dodgers owner Frank McCourt is free to bring a malpractice case against Bingham McCutchen over claims the firm mishandled the preparation of financial papers for McCourt and his now-estranged wife. A Massachusetts judge has dismissed the fi...

US Army soldier convicted of murdering Afghanistan civilians

[JURIST] A US military court on Thursday convicted an army squad commander of three counts of premeditated murder for leading a "kill team" in Afghanistan that targeted unarmed civilians and collected body parts as war trophies. While three of the four defendants pleaded guilty and received reduced sentences, Sgt. Calvin Gibbs [NYT profile], 26, was given a life sentence for 15 convictions including murder, assault and conspiracy connected to the killing of three men not long after he took...

Police May Be Able to Secretly Monitor Your Phone

Cell phone tracking, a method more prevalent than GPS and wiretaps, sometimes doesn't require authorities to take out a search warrant. This means that in some cases, individuals don't even know their cell phone has been tracked until location evidence...

DOJ asks federal appeals court to block Alabama immigration law

[JURIST] The US Department of Justice (DOJ) [official website] filed a motion in the US Court of Appeals for the Eleventh Circuit [official website] Friday to halt enforcement [motion, PDF] of a controversial Alabama immigration law [HB 56 text] that expands restrictions on undocumented immigrants. The law requires school officials to verify the immigration status of children and parents, authorizes police to detain an individual and ask for papers if the officer has "reasonable suspicion" that the driver is in...

Illegal for Uniformed Cops to Hide Badges?

Occupy protestors nationwide have been the subject of increased police presence and action in the last two weeks. Where law enforcement and protestors have clashed, there have been reports of violence and arrests. But something even stranger has been r...

Leading Russian Firm Merges to Create Region's Largest Legal Business

Leading Russian firm Egorov Puginsky Afanasiev & Partners will acquire 100-lawyer pan-Commonwealth of Independent States practice Magisters in the region's largest-ever law firm merger, the firms announced Tuesday. EPAP Chairman Dimitry Afanasiev said ...

Madoff's wife, son say they had no inkling of Ponzi scheme

The son and wife of convicted stockbroker Bernie Madoff said they had no inkling he was running a $50 billion Ponzi scheme until he came home on a December night three years ago and gathered the family together.

Prop 8 Standing: Proponents Have Right to Appeal Says Court

This morning, the California Supreme Court officially weighed in on the issue of Prop 8 standing, and it isn't looking too good for the initiative's opposition. The high court found that California law does give Protect-Marriage and Yes on 8 the right ...

3rd Circuit OKs DNA Collection at Booking

Finding that DNA profiling samples are "fingerprints for the 21st century," a sharply divided 3rd Circuit has ruled that the government has the right to routinely collect DNA samples for inclusion in a national database from anyone who is arrested.

Clifford Chance Confirms Plans to Launch in Morocco

Clifford Chance plans to open an office in Morocco by the end of 2011, with Paris-based partner and Moroccan national Mustapha Mourahib relocating to set up the new base. The office, which follows Magic Circle rival Allen & Overy's Morocco office annou...

New Trial for Woman Convicted After Son Killed by Hit-and-Run Driver

The national legal drama over whether a woman whose 4-year-old son was killed by a hit-and-run driver should herself be imprisoned for breaking traffic laws apparently will continue, with the defendant accepting a Georgia judge's unusual offer of a new...

Federal court upholds stem cell research

[JURIST] The US District Court for the District of Columbia [official website] on Wednesday dismissed [summary judgment text, PDF] an appeal attempting to overturn April's decision [text, PDF; JURIST report] that ended an injunction [JURIST reports] on...

Federal appeals court dismisses torture cases against Abu Ghraib contractors

[JURIST] The US Court of Appeals for the Fourth Circuit [official website] on Wednesday dismissed two cases filed by former Iraqi detainees who claimed they had been tortured by civilian contractors at the Abu Ghraib prison [JURIST news archive] near B...

DOJ tells Alabama it has authority to compel public school enrollment data

[JURIST] The US Department of Justice (DOJ) [official website] on Friday issued a letter [text] to Alabama's Attorney General Luther Strange [official website], declaring its authority to investigate potential violations of civil rights laws. The lette...

Texas court stays Wednesday execution as lawyers seek DNA tests

A Texas court has granted a stay of Wednesday's scheduled execution of convicted murderer Henry "Hank" Skinner while Skinner's attorneys seek DNA testing they say could prove his innocence.

Edwards Angell to Merge with Wildman, Harrold

Edwards Angell Palmer & Dodge and Wildman, Harrold, Allen & Dixon announced Monday that they will merge as of Oct. 1 to create a 14-office, 650-lawyer firm known as Edwards Wildman Palmer.

Supreme Court rules on 'clearly established' law for habeas petitions

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] unanimously Tuesday in Greene v. Fisher [SCOTUSblog backgrounder; JURIST report] that, for purposes of the Antiterrorism and Effective Death Penalty Act (AEDPA), "clearly established federal law" is limited to Supreme Court decisions "as of the time of the relevant state-court adjudication on the merits." Petitioner Eric Greene was convicted and sentenced to life imprisonment for involvement in a robbery of a convenience store in which the store's owner was shot...

9th Circuit Denies Rehearing in Renzi Case

Setting up the potential for a petition to the Supreme Court, the 9th Circuit will not rehear a case in which former Rep. Rick Renzi, R-Ariz., is trying to invoke a legislative privilege.

Lessons Learned from Target's Missoni Fiasco

Economics is all about supply and demand. But what happens when demand far outstrips supply? Basically, you'll be hearing from lots of angry customers. This is a lesson learned from Target's Missoni fiasco. A few weeks ago, excited budget fashionistas ...

Khadr sentenced by military jury

[JURIST] A panel of seven senior US military officers on Sunday sentenced [press release] Canadian Guantanamo Bay [JURIST news archive] detainee Omar Khadr [DOD materials; JURIST news archive] to 40 years in prison, but Khadr will serve no more than ei...

American Indian tribe adopts law recognizing same-sex marriage

[JURIST] An American Indian tribe in Washington state on Monday voted to adopt a new law recognizing same-sex marriage [JURIST news archive]. The law, approved by the Suquamish Tribe [official website] council, extends marriage rights [AP report] to sa...

Lawyers Accused of Scam in Bank Suits

California prosecutors filed a major lawsuit against several lawyers and call center operators for allegedly running a nationwide scam to dupe desperate homeowners into paying thousands of dollars to join dubious lawsuits against some of the country's ...

U.S. troops recount lieutenant's death for Iraqi court

Three U.S. soldiers detailed the shooting death of their platoon leader for an Iraqi judge Sunday in an effort to preserve a case that will be tried months after U.S. troops have left the country.

Halloween 101: Halloween DUI Checkpoints Planned

If Halloween's Monday date isn't enough to deter you from getting your party on, it's definitely not enough to stop police from getting their checkpoint on. As is tradition this time of year, police departments across the country are planning Halloween...

Amplify Spinal Implants Can Cause Cancer

A new report suggests that medical device company Medtronic hid its spinal implant's cancer risk from the medical community. Amplify, Medtronic's newest spinal implant, contains a genetically engineered protein that promotes bone growth. A 2009 report ...

Federal court hears arguments on Alabama immigration law

[JURIST] The US Department of Justice (DOJ) [official website], joined by several rights groups, appeared before a federal judge in the US District Court for the Northern District of Alabama [official website] on Wednesday seeking a temporary injunction of the state's new immigration law [HB 56 text]. The law requires school officials to verify the immigration status of children and parents, authorizes police to detain an individual and ask for papers if the officer has "reasonable suspicion" that the driver...

Gay Lawyer Nominated to Federal Bench in L.A.

President Obama on Wednesday nominated Los Angeles white-collar criminal defense attorney Michael W. Fitzgerald to the Central District of California bench, marking the president's fourth nomination of an openly gay federal judicial candidate.

Mother of alleged victims says her son is afraid Sandusky may go free

The mother of one of Jerry Sandusky's alleged victims -- the first to come forward in the case -- said her son is afraid the former Penn State coach might go free.

Inadmissible

A New Jersey court has restored on appeal a suit against an Indian restaurant that accidentally served meat to strict vegetarians. The Hindu plaintiffs claim the necessary remedy is a retreat to India for ritual purification, for which the restaurant s...

Jury considers Conrad Murray's fate

Jurors in the trial of Michael Jackson's doctor worked for more than seven hours Friday before telling the judge that they had not reached a verdict and were ready to go home for the weekend.

Owner Sued by Victims of Stolen Car Crash

George Hinnenkamp is baffled--and justifiably so. He's being sued by the victims of a stolen car crash, and he wasn't even driving the car. In fact, he owns the car and had already reported it stolen by the time of the alcohol-fueled crash. Joseph Dinw...

Authorities: Texas courthouse break-in may have been a prank

It's one thing for tipsy teenagers to break into a county courthouse and clown around with a judge's robe and gavel. If you're a foreign national suspected of such behavior, you'll get a whole lot more attention.

Man sues over 8-year-old wedding photos

One unhappy divorcé has sued a photography company, hoping to re-enact his wedding from eight years ago and capture the moments missed by the original photographer, according to court documents.

Retroactive Suspension Deemed Enough For Counsel for Sham M&A Company

The former in-house counsel for a scandal-ridden investment company has been suspended from practice for two years. But Joseph Foglia's discipline was made retroactive, as he has been temporarily suspended since late 2007, when he pleaded guilty to cri...

Federal Suits Say There Are Wrinkles In Hydroxatone's Risk-Free-Trial Offer

Marketers of the anti-aging skin treatment Hydroxatone are being sued for wooing customers with a free trial and then allegedly denying refunds and applying excessive charges. Customers who call to complain "are verbally abused and refused any recourse...

Lindsay Lohan released from jail shortly after checking in

Actress Lindsay Lohan is once again behind bars. Lohan, 25, must serve a 30-day jail term after admitting that she violated her probation.

Skechers Tort Suit Shapes Up in Washington

In the latest action in an ongoing legal backlash against Skechers over its Shape-ups shoes, an Illinois woman who injured her ankle while sightseeing in Washington, D.C., is suing the company over the rounded-bottom sneakers she was wearing at the time.

Tax Shelter Defense Seeks New Trial Over Juror's Hidden Identity

Counsel for former Jenkens & Gilchrist partners Paul Daugerdas and Donna Guerin and their co-defendants have charged that a juror at their trial for a massive illegal tax shelter scheme hid the fact that she had practiced law, had been suspended from p...

US lawmakers ask FTC to investigate Facebook over privacy concerns

[JURIST] US Congressmen Edward Markey (D-MA) and Joe Barton (R-TX), co-chairs of the Congressional Privacy Caucus, sent a letter to the Federal Trade Commission (FTC) [official websites] on Wednesday asking the FTC to investigate allegations that Faceb...

Kuwait appeals court upholds acquittal of eight accused of planning attack on US base

[JURIST] A Kuwaiti appeals court on Thursday upheld the acquittal of eight men accused of attempting to form an al Qaeda cell and planning to attack a US base 70 miles south of Kuwait City. The men were tried and acquitted by a lower court [JURIST repo...

Jurors to decide fate of 2nd man convicted in a deadly home invasion

It may be December before the second man convicted in a 2007 deadly Connecticut home invasion learns if he will die for his role in a crime that drew worldwide attention.

4 in 10 Students Have Been Sexually Harassed

A new study about student sexual harassment may be eye-opening for adults: Sexual harassment in schools is pervasive, and seems to affect girls more than boys. What's more, half of students who experienced harassment say they did nothing in response. T...

Authorities arrest more suspects in MLB player's kidnapping

Authorities have arrested five additional suspects connected with last week's kidnapping of major league baseball player Wilson Ramos, Venezuelan officials said Monday.

Racy Grady Sizemore Photos Stolen From Ex-Playmate's Email

A Minnesota college student has been convicted of a cybercrime that led to plenty of unwanted exposure for pro baseball player Grady Sizemore. Photos of Sizemore, in various degrees of undress, were made public without his permission. Leah Michelle Aye...

Google gets extension to negotiate book scanning settlement

[JURIST] A judge for the US District Court for the Southern District of New York [official website] on Tuesday extended settlement negotiations for an additional two months in The Authors Guild et al v. Google Inc. [case materials], a copyright suit fi...

N.J. Court Puts Class Actions Against Junk Faxers on Hold

In a ruling that aligns New Jersey with a minority of states that have nixed class actions under the Telephone Consumer Protection Act, a state appeals court has pulled the plug on class actions against junk faxers.

Financial Services Group Criticizes Foley & Lardner Attorney Over Patent Reform Issue

The Financial Services Roundtable, a group that represents 100 of the biggest U.S. financial institutions, raised concerns this week about Foley & Lardner after a firm partner authored an article that the group says is a betrayal of the firm's clients.

Anchor Brewing Lawsuit: SF Beer Sued by Sam Adams

Legal trouble is brewing between San Francisco-based Anchor Brewing and Boston Beer, maker of Sam Adams. Boston Beer is accusing Anchor Brewing of hiring one of their former employees in an effort to gain trade secrets. The employee in question, Judd H...

False Marking Law Splits Federal Judges in Eastern District of Pa.

Ruling on one of the most closely watched issues in the intellectual property world, a Pennsylvania federal judge has created a split in his district by rejecting a challenge to the constitutionality of the qui tam provision of the Patent Act's false m...

How Not to Get Sued by Your Independent Contractors

Guest post by Jennifer K. Halford, Esq. Independent contractors are very much in vogue these days. I recently attended a Women in Business Conference where I was asked by a small business owner if she should hire an independent contractor for her busin...

Staged Raise of 27% Is Endorsed for Judges

A special pay commission voted Friday to gradually raise the $136,700 salary of New York state Supreme Court justices to the $174,000 earned by federal district judges. Judges and bar groups expressed disappointment at the size of the proposed raises, ...

2nd man charged with threats to 'South Park' creators in U.S. custody

An American charged with communicating threats against the creators of "South Park" is in federal custody on U.S. soil, a senior U.S. counter-terrorism official told CNN. 

Widener law professor cleared of harassment charges

Embattled law professor Lawrence Connell has been cleared of racial and sexual harassment charges by a university panel that reviewed his conduct in response to several student complaints, the second time Connell has beaten such charges following inter...

Drop in Securities Class Actions Due to Fewer Credit-Related Suits, Report Says

Fewer federal securities class actions were filed in the first half of 2011 than in the prior six months, largely due to a decline in suits related to the credit crisis, according to a new report. At the same time, the report noted an uptick in "non-tr...