Google's Motorola Deal Highlights the Patent Failures of the Patent System

In light of Google's $12.5 billion acquisition of Motorola Mobility, intellectual property scholars Michael Meurer and James Bessen discuss the use of patents as "weapons," the fundamental failures of the U.S. patent system and what might be done to ri...

Ted Brooks on Trial Tech in Dodgers Divorce

Ted Brooks, CEO of Litigation Technology, tells Monica Bay, LTN magazine's editor-in-chief, how his team used TrialDirector in the divorce trial of Dodgers' owners Frank and Jamie McCourt to show the differences in key documents representing their mari...

Congress examines federal role in marriage laws

For the first time since Congress voted in 1996 to define marriage as between a man and a woman, a congressional committee on Wednesday looked at reversing that action. The hearing came as advocates for gay rights tried to build on momentum from recent...

Kirkland and Honeywell Play the Ted Stevens Card in Sanctions Motion Against DOJ

Kirkland & Ellis lawyers defending Honeywell in a case over allegedly defective body armor invoked the botched Ted Stevens prosecution several times in a motion claiming the government had "permanently tainted" the case by withholding exculpatory infor...

Can I Be Fired for Taking Part in Occupy Protests?

Can you be fired for protesting? Substitute teacher Patricia McAllister was fired in mid-October after making a public comment about "Zionist Jews" at Occupy Los Angeles. Ten days later, Caitlin Curran, of public radio's The Takeaway, was fired after a...

Convicted Nazi guard Demjanjuk claims US withheld evidence

[JURIST] Lawyers for convicted Nazi guard John Demjanjuk [NNDB profile; JURIST news archive] filed a request in the US District Court for the Northern District of Ohio [official website] for a hearing to determine whether the FBI failed to turn over ev...

Appeals court hears arguments over RI denial to hand suspect to federal custody

[JURIST] Attorneys argued [oral arguments audio file, MP3] before the US Court of Appeals for the First Circuit [official website] Thursday that Rhode Island is not obligated to turn over alleged murderer Jason Pleau to federal prosecutors in an effort...

Dean ousted in row over University of Baltimore's 'tax' on law school

The dean of a Maryland law school has resigned abruptly at the request of the university president, according to the dean, who says the dismissal stemmed from a long-running dispute with administrators over the amount of law school-generated money dema...

Ecstasy Is Not a Controlled Substance: CA Court

Is Ecstasy a controlled substance? You're probably thinking "yes," but according to a California appellate court, it's not that simple. The court ruled that Ecstasy is not automatically a controlled substance under state law. Instead, prosecutors must ...

Canada AG blocks Bush torture suit

[JURIST] The Attorney General for British Columbia [official website] on Tuesday blocked a lawsuit [CCIJ press release] filed by the Canadian Centre for International Justice (CCIJ) [advocacy website] against US president George W. Bush [JURIST news archive] on torture allegations. Lawyers from both CCIJ and the Center for Constitutional Rights (CCR) [advocacy website] responded with disappointment to the blocked lawsuit and order that the proceedings be stayed. Matt Eisenbrandt, legal director of the CCIJ, said, "[t]he legal basis for the...

Circuit Finds Flaw in Perfect 10's Bid for Injunction

In the long-running copyright dispute over Google search results showing thumbnail images of nude models from the website Perfect 10, the 9th Circuit on Wednesday sided with Google in rejecting an injunction.

Skadden Up Against NYPD in Search for Missing Boy

Skadden attorneys involved in an unusual pro bono case -- trying to find a boy who went missing from a Brooklyn foster home in early 2010 -- are butting heads with the New York City Police Department over their desire to review case files on the invest...

Brown Signs Message to Jurors: Stop Tweeting!

California's governor has signed legislation that requires courts to warn jurors not to share case details or research case information via texts, blogs, Internet postings or networking sites. The law also clarifies that judges can hold in contempt jur...

For One Landlord at Least, Howrey's Death is Good News

Boston Properties president Douglas Linde says Howrey's implosion has allowed the real estate investment trust to raise the rent for one of its New York buildings. Linde was also optimistic about what Howrey's death meant for the D.C. commercial real e...

Manson acolyte 'Tex' Watson denied parole

Charles Denton "Tex" Watson, one of the chief participants in the Manson Family murders in the summer of 1969, will stay in prison at least another five years, the California Board of Parole Hearings announced Wednesday.

Khmer Rouge leader ruled unfit for trial

One of four former Khmer Rouge leaders charged with crimes against humanity was ruled unfit to stand trial and could be set free, a spokesman for the special U.N. court in Cambodia said Thursday.

AIG Files $10.5 Billion MBS Suit Against Bank of America

On Monday, American International Group filed what appears to be the largest lawsuit by an individual investor over mortgage-backed securities -- a $10.5 billion suit against Bank of America Corp. -- while simultaneously challenging BofA's $8.5 billion...

Tom O'Connor on E-Discovery and the 'Ernie' Challenge

Tom O'Connor, director of the Gulf Coast Legal Technology Center, recently spoke to Monica Bay, LTN's editor-in-chief, about the "Ernie" challenge, a sequel to Craig Ball's 2010 "EDna" challenge. The question: What do you do when you only have a $100,0...

7th Circuit: It's still racial bias even if not all in protected class are targeted

Discrimination against some Hispanic employees violates federal anti-discrimination laws even if the company doesn't discriminate against others, the 7th Circuit has ruled, reversing a summary judgment ruling in favor of Kraft Foods.

Reversing Its Prior Ruling, Circuit Allows Statements Into Evidence

The 2nd Circuit has found that the statements of an accused possessor of child pornography -- who had refused to sign a Miranda rights waiver but subsequently gave the FBI incriminating statements -- should be allowed into evidence.

Senate approves legislation reforming US patent system

[JURIST] The US Senate [official website] Thursday voted 89-9 to approve legislation [roll call vote] to amend the US patent system for the first time since 1952. The America Invents Act [HR 1249 materials], sponsored by Congressman Lamar Smith (R) [official website], proposes significant changes to the current US patent system. One of these would result in the conversion from a system of "first to invent" to a system of "first to file", a change which Congress supports because of...

Despite 2 arrests, New Yorkers remain uneasy after sex attacks

A string of sexual assaults in two New York City boroughs has residents and police on edge, despite two arrests in recent days.

Mexican police: Head of shelter charged with prostituting residents

The director of a battered women's shelter in Ciudad Juarez, Mexico, was being held Wednesday on charges that she trafficked and prostituted the women she cared for and allegedly forced them to commit sex acts with strangers, local authorities tol...

Is Medical Malpractice Reform Coming Soon?

If there's anything that injured plaintiffs and hospitals can agree on, it might be that medical malpractice lawsuits are time consuming and costly. Medical care providers, patients, and policy makers have all argued for medical malpractice reform. The...

Cleary, Skadden Win Huge Victory for Bank Clients as Rakoff Rejects Picard's Common Law Claims

Irving Picard had a roller-coaster day on Thursday, announcing a $1 billion settlement with one of Bernard Madoff's biggest feeder funds, only to see a federal judge deal him a huge setback in his multibillion-dollar cases against HSBC Bank and UniCred...

Juveniles sought after man dies in transit station incident

Dallas Police have arrested one juvenile and are looking for three others in connection with the death of a 19-year-old man at a rapid transit station.

Supreme Court hears arguments on GPS tracking, prosecutorial misconduct

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] in two cases on Tuesday. In US v. Jones [transcript, PDF; JURIST report], the court will decide whether the government's warrantless use of a global positioning syste...

Could Your Business Become a Benefit Corporation?

Businesses not only want to make money, but they want to impact their community in a decidedly good way. And social entrepreneurship is on the rise. Many states are starting to recognize a new class of companies: benefit corporations. Californ...

Texas capital punishment scrutiny

Mark Osler says prosecutors commit to a view of a death penalty case and usually don't want to delay execution for further examination of evidence, so courts must step in

Source: Former Goldman Sachs exec to surrender

Former Goldman Sachs Director Rajat Gupta is expected to turn himself in to the FBI Wednesday morning to face federal charges, a source familiar with the case told CNN.

Ted Brooks on Trial Tech in Dodgers Divorce

Ted Brooks, CEO of Litigation Technology, tells Monica Bay, LTN magazine's editor-in-chief, how his team used TrialDirector in the divorce trial of Dodgers' owners Frank and Jamie McCourt to show the differences in key documents representing their mari...

Three Legal Must Haves for Your Business Website

Guest post by Jennifer K. Halford, Esq. It's amazing how the Internet has completely changed the small business owner's ability to advertise and sale her products or services. In fact, it is rare to find a business these days that doesn't have a websit...

Psychological association advocates legalization of same-sex marriage

[JURIST] The American Psychological Association (APA) [official website] voted unanimously Thursday to adopt a resolution [text] supporting full marriage equality for same-sex couples. Just before the opening day of the APA's annual convention [officia...

GCs Find Options Never Go Out of Style

SEC filings for 14 newly public and soon-to-go-public San Francisco Bay Area companies show an average base salary for general counsel that seems modest, compared to what the GCs might earn at large firms. But when you add in options -- and luck -- som...

Tom O'Connor on E-Discovery and the 'Ernie' Challenge

Tom O'Connor, director of the Gulf Coast Legal Technology Center, recently spoke to Monica Bay, LTN's editor-in-chief, about the "Ernie" challenge, a sequel to Craig Ball's 2010 "EDna" challenge. The question: What do you do when you only have a $100,0...

BP reparations lawsuit remanded to Mississippi state court

[JURIST] A judge for the US District Court for the Southern District of Mississippi [official website] Tuesday remanded to state court [order, PDF] the Mississippi attorney general's lawsuit against the administrator of the British Petroleum (BP) [corp...

Oracle Files Preemptive Patent Suit Against Oasis Research, Pitting Kirkland Against former K&E Partner Desmarais

Oracle's declaratory judgment suit against so-called "patent troll" Oasis Research is pitting IP powerhouse John Desmarais and his patent litigation boutique against his former partners at Kirkland & Ellis.

PA Judge, 70, Traded Justice for Sex?

Pennsylvania state judge Ross Cioppa is facing charges of bribery, indecent assault and official oppression. Judge Cioppa is accused of demanding sexual favors from female defendants in exchange for favorable treatment. The seasoned judicial veteran, a...

Nursing home employee charged with murder in Australia fire

Australian authorities charged a nurse with four counts of murder Saturday after a fire at a nursing home Friday left four people dead and more than 30 others injured.

Defense decries 'flagrant' misconduct in FCPA prosecution

In an attempt to salvage a criminal investigation devoid of sufficient evidence, federal prosecutors resorted to misconduct to win a high-profile FCPA case against Lindsey Manufacturing Co., defense lawyers argued in a filing this week.

Daughter Removed Over $5 Safeway 'Sandwich Theft'

A Hawaii couple was shopping in a local grocery store when the wife, Nicole Leszczynski, felt faint. She was 30 weeks pregnant, so she and her husband decided to munch on two $5 sandwiches while shopping.Except during the course of their trip, they for...

Wait, Marathon Runners Can Only Travel by Foot? No Buses Allowed?

Britain's Kielder Marathon may have been Rob Sloan's last race. The 31-year-old runner took third place on Sunday, much to the dismay of his fellow runners. They didn't remember seeing him, and they certainly couldn't figure out how he beat his best ti...

New York AG seeks dismissal of same-sex marriage lawsuit

[JURIST] New York Attorney General Eric Schneiderman [official website] on Friday filed a motion to dismiss a lawsuit challenging the validity of the state's newly passed Marriage Equality Act [text, PDF; JURIST report]. The initial complaint [text, PD...

Judge refuses for a second time to dismiss counts in foreign bribery case

An indictment charging four former executives of a California company with bribing foreign officials established a sufficient connection to a state crime to pursue violations of the U.S. Travel Act, a judge ruled in a second rejection of the defendants...

Thief Used Crane to Lift Jeep Wrangler Off Lot

Car theft is common, but a Jeep-Chrysler dealership in La Porte, Ind. has an uncommon tale to tell. Early last weekend, an unknown suspect used a crane to steal a car from the dealer's lot. Security footage depicts a flatbed truck with an attached cran...

Manny Ramirez Charged with Domestic Violence for Slapping His Wife

Broward County prosecutors have formally charged Manny Ramirez with one count of misdemeanor domestic violence and battery. The semi-retired All-Star was arrested on September 12 after his wife accused him of slapping her across the face. Photographs c...

Federal judge rules CIA not in contempt for interrogation videotape destruction

[JURIST] A federal judge on Tuesday ruled that the US Central Intelligence Agency (CIA) [official website] was not in contempt of court for destroying videotapes [press release] thought to have shown harsh interrogations of terror suspects, but ordered the CIA to pay attorneys fees to the American Civil Liberties Union (ACLU) [advocacy website]. The ACLU argued during a court hearing that the CIA "showed complete disdain for the court and the rule of law itself" when it destroyed the videotapes...

Ohio voters reject collective bargaining law in statewide referendum

[JURIST] Ohio voters on Tuesday rejected Senate Bill 5 [SB 5 text, PDF], which would have impacted Ohio's 400,000 public workers by limiting their ability to strike and collectively bargain for health insurance and pensions. It would have mandated that...

Who Can Legally Travel to Cuba?

Earlier this year, President Obama lifted restrictions put in place by the Bush Administration, making it easier for American citizens to legally travel to Cuba. Though access has increased, it is not unlimited. Most U.S. citizens cannot spend money in...

Jailed Texas Financier Stanford Gets New Attorneys — Again

Financier R. Allen Stanford's attorneys have welcomed the newest legal team that will represent the jailed businessman on charges he bilked investors out of $7 billion.

White House: Confirming Judges a 'Top Priority'

The White House is ramping up its information campaign on President Barack Obama's judicial nominees, ahead of a possible push this fall to confirm more judges. On its official blog, the White House criticized the Senate for not voting on 20 pending no...

Abbe Lowell Joins John Edwards' Legal Defense Team As Skadden Withdraws

White-collar defense bar veteran Abbe Lowell has filed papers to represent former presidential candidate John Edwards, who is facing charges in a North Carolina federal court for alleged violations of campaign finance laws. Edwards' original legal team...

Obama: Consumer Chief Will Counter Corporate Lawyers

President Barack Obama introduced former Ohio Attorney General Richard Cordray on Monday as his choice to lead the new consumer protection agency, saying Cordray would be an advocate for people who can't afford to hire "teams of lawyers from blue-chip ...

Attorney Who Ran Ponzi Scheme Is Disbarred

A New York appeals court has officially disbarred attorney and money manager Kenneth I. Starr, who pleaded guilty last year to running a $33 million Ponzi scheme with money intended by his celebrity clients to be used for investments.

U.S. makes case against Alabama's immigration law

Alabama's immigration law is unconstitutional and aims to threaten "the most basic human needs," the U.S. Department of Justice said in a court filing.

Kirkland Wields Wal-Mart v. Dukes Ruling to Knock Out Dow Chemical Toxic Tort Class

This week Dow Chemical's lawyers at Kirkland & Ellis won what they say is the first decision to apply the U.S. Supreme Court's landmark ruling in Wal-Mart Stores Inc. v. Dukes in an environmental mass tort.

Royal Dutch Shell Admits Liability in U.K. Court for Niger Oil Spill

In the first Nigerian oil spill case to be brought in the United Kingdom, a subsidiary of Royal Dutch Shell has accepted its liability and conceded to the jurisdiction of the U.K. High Court.

Alabama Immigration Law Partially Blocked by 11th Circuit

A just-released order might cause some confusion amongst those challenging the controversial Alabama immigration law. Acting on the Justice Department's recent appeal, the 11th Circuit partially granted a preliminary injunction enjoining two sections o...

Wal-Mart Case Now in Breyer's Court

"I've heard of this case," Northern District of California Judge Charles Breyer quipped at a hearing Friday in which attorneys appeared, for the first time since the Supreme Court dismantled the Wal-Mart employment discrimination class, to argue how th...

Mich. Boy Killed Doing Pull-Ups When Wall Collapsed

Williamston High School freshman Gabriel Corbett was killed last week when a cinder-block wall collapsed in the boys' locker room. The 14-year-old Michigan resident had reportedly jumped and grabbed the top of the 8-foot wall so that he could do a pull...

Police arrest man accused in botched cosmetic procedure

A south Florida resident was arrested this week after police allege he practiced medicine without a license, injecting a patient's buttocks with a "cocktail of chemicals" for cosmetic purposes.

Jose Pimentel Arrested in NY Bomb Plot

Jose Pimentel, 27, was arrested on Sunday in a NY bomb plot that sought to target local police and soldiers returning from abroad. The al-Qaeda sympathizer has been described as a "lone wolf," with no clear link between him and known terrorists. Police...

Texas judge's daughter: Violence was regular occurrence

A woman who launched a firestorm by posting a 2004 video of her father, a Texas judge, beating her on the Internet said Thursday that violence was a regular occurrence in her family home.

Retailers Sue Federal Reserve Over Swipe Fees

Retailers have filed a new swipe fee lawsuit against the Federal Reserve, arguing that the cap took into account bank expenses that could not be considered under the law. The retailers’ suit comes after the Federal Reserve capped swipe fees at 21 cen...

Woodlawn Cemetery Lost Woman's Ashes, Son Claims

Woodlawn Cemetery in New York might be facing a lawsuit soon. The cemetery allegedly lost the ashes of Elisabeth Delfini, and her son, Ferdinando Delfini, is considering his legal options. Ferdinando, 60, says that his mother was supposed to be interre...

Do You Qualify for Medicaid?

If you're wondering whether you qualify for Medicaid, you've come to the right place. Despite a number of systemic changes and budgetary constraints, Medicaid still exists. Though it is a federal program, Medicaid eligibility is generally state-depende...

Ninth Circuit ends legal challenge to 'Don't Ask Don't Tell'

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] Wednesday denied a petition for rehearing [order, PDF] regarding its unanimous decision to vacate a district court ruling that the "Don't Ask, Don't Tell" policy (DADT) [10 USC 654; JURIST backgrounder] was a violation of service members' constitutional rights. The court had overturned the lower court's ruling [JURIST report] at the request of lawyers for the US Department of Justice (DOJ), who argued that the recent Congressional...

State Street Can't Dodge Securities and ERISA Claims over Mortgage Crash and Forex Trades, Judge Rules

Giving State Street Corp. the dubious pleasure of tackling both mortgage-backed securities and currency trading claims in a single case, a federal judge has denied the bank's motions to dismiss consolidated class action suits alleging securities and ER...

Latest round of Occupy Oakland protests to be closely watched

As a vigil was held for a two-time Iraq war veteran whose skull was fractured allegedly during a clash between protesters and Oakland police, Wednesday night's Occupy protests could be a bellwether on whether police have agitated or suppressed the...

Obama supports DOMA repeal

[JURIST] US President Barack Obama supports repeal of the Defense of Marriage Act (DOMA) [text; JURIST news archive], Press Secretary Jay Carney announced at a White House press briefing [text] Tuesday. Carney also said that Obama supports the Respect for Marriage Act [text], which was introduced by Congressional Democrats [JURIST report] in February to repeal DOMA, the 1996 federal law that defines marriage as a "a legal union between one man and one woman as husband and wife." Carney relayed...

How to Sue a Hotel for Bed Bugs

They're icky. They're itchy. They make you want to burn everything you own. They're bed bugs and if you have them, you're likely miserable to be around. And if you got them from a hotel, you're probably feeling a bit litigious right about now. You want...

Wells Fargo Sued Over Reverse Mortgages

Wells Fargo has been sued for allegedly demanding the full repayment of the mortgage balance from heirs of reverse mortgage holders, who the suit contends have the option under federal law of buying out reverse mortgages for houses' appraised value.

Court restores grandmother's conviction in shaken baby death

The Supreme Court issued a final, stinging rebuke of a lower court's decision on three separate occasions to dismiss the assault conviction of a grandmother in the shaking death of her 7-week-old grandson.

In FCPA Sting Case, Prosecutors Revise Discovery Process

Prosecutors are revising the government's discovery procedure in a closely watched Foreign Corrupt Practices Act case, choosing a third-party vendor to store material for which defense lawyers must pay to access.

Emergency Room Laws: You Have Rights

There are times when you or a loved one will need emergency medical treatment. This means that most Americans will need to know some basics about emergency room laws and your rights. The first thing you should know is that under federal law, most hospi...

Proof of Husband's 'Genius' Barred in Property Distribution

A New York judge has barred a private equity firm executive from presenting in a pending divorce expert psychological evidence that "his unique personality traits," or "personal capital," enabled him to amass $450 million during a marriage of more than...

DOJ warns Alabama schools on state immigration law

[JURIST] The US Department of Justice (DOJ) [official website] on Tuesday issued a letter [text] to each school district in Alabama to serve as a reminder that they must provide equal access to public education for all children, regardless of their immigration status. The letter, authored by Assistant Attorney General Thomas Perez [official website], was sent because of the potential of the state's controversial immigration law [HB 56 text; JURIST news archive] to "chill or discourage student participation in, or...

Mentally disabled people found in chains

Three suspects accused of chaining mentally disabled people in a basement and stealing their Social Security checks were arrested in Philadelphia.

Federal appeals court upholds conspiracy convictions in US terror plots

[JURIST] The US Court of Appeals for the Eleventh Circuit [official website] on Tuesday upheld the convictions of five men [opinion, PDF] for conspiracy to provide support to terrorist group al Qaeda [GlobalSecurity backgrounder] in planning attacks in...

White House Shooter Could Face Life Sentence

Idaho man Oscar Ramiro Ortega-Hernandez, the alleged White House shooter, was charged on Thursday for the attempted presidential assassination of Barack Obama. This charge carries a maximum penalty of life in prison under federal law. Ortega-Hernandez ...

ACLU challenges North Carolina pro-life license plates

[JURIST] The American Civil Liberties Union of North Carolina Legal Foundation (ACLU-NCLF) [advocacy website] on Thursday filed a lawsuit [complaint, PDF] in the federal district court for the Eastern District of North Carolina challenging a North Carolina state law authorizing the use of pro-life license plates as a violation of the First Amendment [text]. In June, the North Carolina General Assembly [official website] passed a bill [HB 289 materials] authorizing the issuance of "Choose Life" license plates, but failed to...

7.5M Reasons Not to Call Your Rival the Taliban

With the down economy, businesses these days are trying everything to get an edge. But whatever you do, be wary of defamation laws. For example: calling your rival car dealership something akin to the "Taliban Toyota" might just end up costing you mill...

Ohio passes law limiting abortions for minors

[JURIST] Ohio Governor John Kasich [official website] on Friday signed [press release, PDF] into law House Bill 63 [text and materials], creating further restrictions on minors if they seek an abortion [JURIST news archive] without parental consent. The new law puts several conditions in place, advancing the former law of making a minor receive a judge's consent to have an abortion without parental notification. Now, judges may only permit abortion in cases where they have "clear and convincing evidence" that...

Hate crime charges in Amish beard cutting

Seven members of a breakaway Amish group in eastern Ohio were arrested on federal hate crime charges for allegedly shaving the beards and cutting the hair of individuals who refused to support their leader, according to a criminal complaint released We...

'Baby Lisa' case remains open while police scale back

A command post set up to investigate the disappearance of missing Missouri girl Lisa Irwin has been shut down, Kansas City police said Wednesday.

Federal judge sentences two more Somali pirates to life in prison

[JURIST] A judge for the US District Court for the Eastern District of Virginia [official website] on Tuesday sentenced a pair of Somali men to life in prison [press release] for their involvement in the hijacking of a yacht that resulted in the deaths...

Confederate Flag License Plates a No-Go in TX

A campaign to create Confederate flag license plates in Texas is history. The state's Department of Motor Vehicles Board last week rejected a proposal to produce special Texas license plates with a group's Confederate flag logo. The Sons of Confederate...

Ex-Sullivan & Cromwell Partner Admits Failing to Pay $2.8 Million in Taxes

Former Sullivan & Cromwell partner John J. O'Brien pleaded guilty Thursday to four misdemeanors, conceding he failed to pay more than $2.8 million in personal income taxes on profits he earned at the firm. Scheduled to be sentenced Nov. 16, he could fa...

DOJ To Oppose $90.8M Fee Request In Black Farmers Class Action

The Justice Department is planning to oppose the $90.8 million fee request in the black farmers' loan discrimination case, saying in a filing that the government will litigate the plaintiffs attorneys' assertion that they should receive 7.4 percent of ...

Judge tells Tennessee to stop arresting Occupy protesters

A judge told Tennessee officials on Monday to stop enforcing new rules that have been used to arrest Occupy protesters in Nashville.

Obama certifies 'Don't Ask Don't Tell' repeal

[JURIST] US President Barack Obama [official website] on Friday certified [text, PDF] the repeal of "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. The repeal was also certified by newly sworn-in Defense Secretary Leon Panetta [official profile] and the Joint Chiefs of Staff and delivered to Congress. Panetta [statement] called the change "essential to the effectiveness of our all-volunteer force." Chairman of the Joint...

Boies and Olson's latest campaign: Stanching the hemorrhaging at state courts

The ABA's House of Delegates has approved a resolution urging bar associations to document the effects of budget cuts and argue for more money. The measure was introduced by the ABA's Task Force on Preservation of the Justice System, co-chaired by Theo...

Federal judge rules mandatory health insurance provision unconstitutional

[JURIST] A judge for the US District Court for the Middle District of Pennsylvania [official website] ruled [opinion, PDF] Tuesday that a provision of the Patient Protection and Affordable Care Act (PPACA) [HR 3590 text; JURIST backgrounder] requiring individuals to purchase health insurance is unconstitutional. The challenge was brought by a self-employed couple that would be subject to the minimum coverage provision, arguing that Congress' Commerce Clause powers "do not comprehend the power to command individuals to engage in commerce...

Miami officer's attorney denies reckless driving

The Florida case of a trooper ticketing a Miami police officer in his squad car for driving 120 miles per hour "is a simple misunderstanding that has been blown out of proportion," the officer's attorney said Friday.

Irell Fires Back at Ex-Partner Who Filed Discrimination Suit Against Firm

Irell & Manella has responded to former partner Juliette Youngblood's employment discrimination and wrongful termination suit, arguing it was Youngblood's dreams of becoming a Hollywood producer, not abusive behavior on Irell's part, that led her to le...

Dealmaking to Litigating for Skadden, Gibson Dunn as Validus Sues Transatlantic

The bidding war for control of Transatlantic Holdings has landed in Delaware Chancery Court for the second time in two weeks, with Validus Holdings suing the reinsurance company to force it to consider Validus' multibillion-dollar takeover offer.

Federal judge blocks new tobacco warning label requirements

[JURIST] A judge for the US District Court for the District of Columbia [official website] on Monday granted a temporary injunction to block the implementation [order, PDF] of new requirements of graphic image and textual warning labels imposed by the ...

Grandfather bloodied after being arrested at Arizona Walmart

An Arizona man lay handcuffed and non-responsive on the floor of a Walmart early on Black Friday, as his emotional grandson stood nearby, according to witnesses, the man's daughter and video from the store.

Michigan AG appeals decision overturning affirmative action ban

[JURIST] Michigan Attorney General Bill Schuette [official website] on Friday appealed a decision by the US Court of Appeals for the Sixth Circuit [official website] overturning the state's affirmative action ban. Proposal 2 [text; JURIST news archive]...

New Graphic Cigarette Warnings Blocked by Judge

The Food and Drug Administration's new graphic cigarette warnings may never make it to market. On Monday, the tobacco companies won a temporary injunction barring enforcement of a regulation that places graphic images on cigarette packs. The gory image...

9th Circuit Orders Mediation in Rio Tinto Alien Tort Case

Nearly a decade into a court battle involving a foreign company and its alleged role in spurring civil war in a South Pacific country, the 9th Circuit is suggesting mediation. The court issued the surprising en banc order in a case that stood to test t...

Alleged Iran assassin pleads not guilty in federal court

[JURIST] Manssor Arbabsiar pleaded not guilty in a New York district court on Monday to charges stemming from his role in the alleged Iranian plot to assassinate Adel al-Jubeir [official profile], Saudi Arabia's ambassador to the US, on US soil. Arbabs...

Key robo-signing case ends with settlement

The first robo-signing case scheduled for oral arguments before the Florida Supreme Court has been settled by Bank of New York Mellon and the homeowner. The settlement comes as a disappointment to homeowners who have been trying to challenge banks' use...

NYC Man Suing for Age Bias Says Judge Too Old

Martin Stoner, 60, is a musician. He's also in the midst of suing the non-profit organization Young Concert Artists for age bias. But Stoner is now embarking down a path that some might call ironic. He is arguing that the judge presiding over his case,...

Tennessee woman indicted in deaths of infant twins

Prosecutors will not seek the death penalty against a Tennessee woman accused of smothering her newborn infants, officials said Thursday.

Missouri police find body near where boy went missing

The body of a small child was found in a wooded area of eastern Missouri on Tuesday, authorities said, near where a 1-year-old boy disappeared.

Ex-Citadel counselor worked with kids for a decade before scandal

Described as "serious," "intelligent" and a "good strategic planner" by a former colleague, Louis Neal ReVille worked in child-related jobs for a decade prior to his arrest last month in a case involving criminal sexual co...

Tim Hart on Disruptive Technology

Tim Hart, principal solution architect for McKesson, speaks with Monica Bay, LTN magazine's editor-in-chief, about how law firms and corporate counsel can exploit disruptive technology.

U.K. Top 50 Law Firms Post Best Growth Figures Since 2008

The U.K.'s top law firms have endured turbulent market conditions to achieve their best growth performance since 2008, with the top 50 firms expanding their revenues by 3.6 percent over the last financial year. In addition, the group as a whole saw pro...

California high court rules Proposition 8 sponsors may defend it in court

[JURIST] The California Supreme Court [official website] ruled [opinion, PDF; Perry v. Brown materials] Thursday that sponsors of Proposition 8 [text; JURIST news archive] and other ballot initiatives can defend them in court when the state refuses to ...

Third Circuit rules police can collect DNA sample from arrestees

[JURIST] The US Court of Appeals for the Third Circuit [official website] on Monday ruled [opinion, PDF] 8-6 that law enforcement officers are permitted to obtain DNA samples from arrestees. Law enforcement officers sought a DNA sample from defendant Ruben Mitchell after he was indicted for attempted possession with intent to distribute cocaine pursuant to 42 USC 14135a(a)(1)(A) [text], which permits the collection of DNA samples from individuals who are arrested, facing charges or convicted. Mitchell argued that the...

Saying Revelation of Plaintiff's Name Could Cause 'Significant Harm,' Judge Orders Records Sealed

A judge has ordered that the court file be sealed in a case brought by a part-time elementary school teacher and actress who contended that her reputation and career could be ruined if her identity is revealed as the model in a sexy online jewelry ad.

Band director fights for job after a death

An attorney for Florida A&M University's longtime band director Julian E. White said his client has demonstrated "exemplary" anti-hazing leadership and should not be dismissed following the death of a drum major.

NALP clashes with ABA over jobs data — and hints at taking legal action

A bitter turf war has broken out between the National Association for Law Placement and the American Bar Association over the collection of law school postgraduate employment data, with the former hinting that it might sue the latter.

Indiana appeals order blocking Planned Parenthood defunding law

[JURIST] Indiana Attorney General Greg Zoeller [official website] filed an appeal [brief, PDF] Monday to lift a judge's decision to block parts of a controversial state law [HEA 1210] denying that medicaid funds go to Planned Parenthood of Indiana (PPI...

Judge acquitted of attempting to bribe opposing candidate

A jury has acquitted a California state trial judge of attempting to bribe his opponent during a 2008 election, in a rare criminal case that highlighted the uglier side of judicial races. The verdict allows Superior Court Judge Harvey Silberman to retu...

Congress Claims 'Rational Basis' for Challenged DOMA Restriction

Congress has fired back in a suit challenging the constitutionality of the definition of marriage in the Defense of Marriage Act. In a motion to dismiss, former Solicitor General Paul D. Clement argues that the act is entitled to a presumption of const...

Federal judge allows a US intelligence officer's torture suit against Rumsfeld

[JURIST] A judge for the US District Court for the District of Columbia [official website] ruled [opinion, PDF] Tuesday that former defense secretary Donald Rumsfeld [JURIST news archive] can be sued by a former US military contractor who claims he was...

The 2011 GC Compensation Survey

If last year's Corporate Counsel GC Compensation Survey showed the aftereffects of the deepest trough of the recession, this year's results show that chief legal officers made steady gains and recovered some momentum. And for the first time, a woman to...

Buy a Foreclosure Home, Risk Having it Taken Away, MA Court Rules

Massachusetts foreclosure buyers best beware after a just-released decision by the state's highest court. Francis Bevilacqua purchased a foreclosure home from U.S. Bank in 2006, only to find out that he doesn't hold clear title to the property. Turns o...

Attorney Who Ran Ponzi Scheme Is Disbarred

A New York appeals court has officially disbarred attorney and money manager Kenneth I. Starr, who pleaded guilty last year to running a $33 million Ponzi scheme with money intended by his celebrity clients to be used for investments.

Do Your Employees Dress Too Provocatively?

You've probably encountered employees who dress in a provocative or unkempt manner. And you probably debated whether to bring it up. If you don't have an employee dress code, creating one can be an easy fix. But what if an employee is simply not follow...

Trial nearing end in deadly Conn. home invasion

A prosecutor accused a murder suspect Tuesday of coming up with the vicious 2007 home invasion that ripped apart a Connecticut family, leaving a mother and two of her daughters molested and killed.

Suspect held in White House gunfire

An Idaho man wanted in connection with a White House shooting incident was arrested Wednesday in western Pennsylvania, police and the U.S. Secret Service announced.

Does Your Business Belong on a 'Daily Deal' Website like Groupon?

Many small businesses put themselves on daily deals websites like Groupon and LivingSocial. But other business remain wary. Some business owners complaint that they draw in customers that are frugal and only willing to spend a certain amount. And the d...

Federal judge reduces $1.5 million jury verdict in music file-sharing case

[JURIST] A federal judge on Friday reduced [order, PDF] a $1.5 million jury verdict against a Minnesota woman who was found to have willfully shared music files to $54,000. Chief Judge Michael Davis of the US District Court for the District of Minnesota [official website] described the court as "intimately familiar" with the case against Jammie Thomas-Rasset, as it has presided over three trials on the matter. In granting Thomas-Rasset's Motion to Amend or Alter the Judgment, Davis emphasized the...

13 injured in Boston fire; arson blamed

A man was arrested on suspicion of arson in a Boston apartment fire that injured 13 people early Monday, authorities said.