Koss settles trademark lawsuit Feb 7, 2010
Koss in March 2009 sued of Mesa in U.S. District Court in Milwaukee. In November 2007, Zounds sought to register Hearing is Believing for its hearing aids. (Phoenix Business Journal, AZ)
Water, water everywhere Feb 7, 2010
A 1974 Minnesota District Court ruling, which ordered Brainerd to fluoridate, was upheld by the Minnesota Supreme Court and then went to the U.S. Supreme Court. The nation's highest court refused to hear the issue, sending that case to a legal dead end. (Brainerd Daily Dispatch)
Nine vie for California attorney general's job Feb 7, 2010
The letter by the Commission on Judicial Nominees Evaluation confirms rumors that have swirled in the legal community since August, when Gov. Arnold Schwarzenegger nominated the former state lawmaker for a seat on the 5th District Court of Appeal in Fresno. The unfavorable rating is only advisory and is one of several factors to be considered by the Commission on Judicial Appointments, a three-member panel that will vote on Poochigian's nomination Thursday in San Francisco. (Fresno Bee -- Local)
God Save the US and Our Courts Feb 7, 2010
Out of 858 appellate and district court judgeships, there are presently 97 vacancies (11 percent). President Obama has made 26 nominations so far, with 10 being confirmed by the Senate. (Human Events Online)
Judge won't revive charges against abortion doctor Feb 7, 2010
A district court judge Wednesday refused to reinstate criminal charges against a nationally known abortion doctor, ruling that the attorney general had overstepped his authority in the case. Outgoing Atty. (Yahoo News -- Abortion Rights Debate)
BREAKING NEWS: Landrieu elected Mayor of New Orleans Feb 7, 2010
Another sister, Madeleine, sits on the Civil District Court bench. . (Slate)
BofA to pay $1M in N.C. settlement Feb 7, 2010
The SEC previously filed two sets of charges in the U.S. District Court for the Southern District of New York alleging the bank failed to disclose material information to shareholders before their vote to approve the Merrill Lynch merger. On Aug. 3, the SEC charged BofA (NYSE:BAC) with failing to disclose in proxy materials soliciting shareholder votes for approval of the merger, its prior agreement authorizing Merrill to pay year-end bonuses of up to $5. (Raleigh Triangle Business Journal, NC)
US contractor missing and believed kidnapped in Iraq Feb 7, 2010
A US district court judge dismissed an indictment Dec. 31 against five of the guards charged in the shooting, saying prosecutors and investigators made serious mistakes in preparing the case. In the video, the captive speaks calmly and is seen sitting on a chair in front of a banner bearing the name of the militant group. (Boston Globe)
Depositions Taken In Anthrax Case Feb 7, 2010
Hatfill's lawsuit, filed in 2003 in U.S. District Court in Washington, accuses the Justice Department of violating the Privacy Act and his civil rights by labeling him a "person of interest" in the mailings of envelopes containing anthrax bacteria. He has denied any part in the mailings, which killed five people. (Yahoo News -- Biological and Chemical Weapons)
Kirby McInerney LLP Wins City of New York and New York Counties' Affirmative Summary Judgment in Medicaid Fraud Case Against 11 Generic Drug Manufacturers: Court Finds That Defendants Knowingly Reported Fictitious List Prices on Which Medic Feb 6, 2010
BOSTON, Feb. 5, 2010 (GLOBE NEWSWIRE) -- The Honorable Patti Saris of the United States District Court for the District of Massachusetts granted the City of New York and New York Counties' motion for summary judgment against 11 pharmaceutical manufacturers in In Re: Pharmaceutical Industry Wholesale Price Litigation on January 27th ... The City/Counties' case will return to a United State District Court in New York for trial after the close of discovery. (Primezone Releases)
U.S. objects to Google book deal Feb 6, 2010
The government acknowledged "substantial progress" on several issues, but said in a statement filed with the U.S. District Court for the Southern District of New York that core concerns remain unresolved, including the amount of power granted to Google. "The amended settlement agreement still confers significant and possibly anti-competitive advantages on Google as a single entity, thereby enabling the company to be the only competitor in the digital marketplace with the rights to distribute and... (San Francisco Chronicle -- Technology)
Oracle patches flaw, Asustek to take on iPad Feb 6, 2010
While a U.S. District Court judge will ultimately rule on the revised settlement, the DOJ's filing could mean that the government will challenge the settlement's legality if the court approves the measure. 8. (San Francisco Chronicle -- Technology)
Jury still out on 2011 budget as caseload climbs Feb 6, 2010
Cassie Jardine pulls cases for the 1st District Court calendar Thursday afternoon ... A district court is the state trial court of general jurisdiction where civil, criminal, probate, domestic relations and some small claims cases are tired ... The 1st District Court in Logan is the general trial court for Cache, Rich and Box Elder County. (Logan Herald Journal, UT)
Seal: Court ruling saves taxpayers $1 million Feb 6, 2010
The Louisiana Supreme Court has denied a request by Florida Gas Transmission Company that it overturn a ruling by 22nd Judicial District Court Judge Peter Garcia, according to a statement from Seal ... The Louisiana Tax Commission ruled that Florida Gas was entitled to the full refund, but that decision was later overturned when Seal appealed to the 22nd Judicial District Court. (Bogalusa Daily News, LA)
Strong-Mayor Supporters Weigh Options Feb 6, 2010
The Third District Court of Appeals on Thursday upheld an injunction that prevents the proposal from appearing on the June 6 ballot in Sacramento. "The clock is working against us," said Thomas Hiltachk, lawyer for the group Sacramentans for Accountable Government. (KCRA 3, CA)
District court issues felony dispositions, revocations Feb 6, 2010
Published: Friday, February 5, 2010 11:08 PM CST The Calhoun County District Court issued the following felony dispositions on Dec. 17 ... The Calhoun County District Court issued the following felony revocation dispositions on Dec. 17 ... The Calhoun County District Court issued the following felony dispositions on Jan. 14. (Port Lavaca Wave, TX)
North Bend, tribe settle dispute (3) Feb 6, 2010
Photo by Lou Sennick U.S. District Court Judge Michael R. Hogan, center at the end table, talks Wednesday about a consent decree settling an in-lieu tax dispute between the city of North Bend and the Coquille Indian Tribe over services provided to The Mill Casino-Hotel ... Photo by Lou Sennick U.S. District Court Judge Michael R. Hogan, center at the end table, talks Wednesday about a consent decree settling an in-lieu tax dispute between the city of North Bend and the Coquille Indian Tribe over... (Coos Bay-North Bend The World, OR)
United Technologies Unit Pratt & Whitney's Plant Closure Blocked by Judge Feb 6, 2010
The case is District Lodge 26 of the International Association of Machinists and Aerospace Workers AFL-CIO v. United Technologies Corp., 09-CV-01494, U.S. District Court for the District of Connecticut (Bridgeport). To contact the reporter on this story: in U.S. District Court in Bridgeport, Connecticut, at. (Bloomberg)
Gases Plus sues, says refinery failed to pay Feb 6, 2010
Published: Wednesday, February 3, 2010 12:07 PM MST RAWLINS A company based in Gillette has sued two other companies in Carbon County District Court over a payment dispute. Gases Plus Norco contends in the lawsuit that it is owed nearly $19,000 for materials, labor and services requested by the Louisiana-based PCT Industrial Companies at the Sinclair Wyoming Refining Company. (Gillette News-Record, WY)
TiVo sues EchoStar over DVR patent Feb 6, 2010
The suit was filed in a federal district court in Texas. TiVo may also be experiencing competition in the DVR market from cable provider Comcast, which in early December said it planned to by the end of 2004, using Motorola set-top boxes. (Yahoo News -- Digital and Interactive TV)
George Lucas strikes back at Skywalker Outdoor over name Feb 6, 2010
The suit was filed Wednesday in U.S. District Court for the Northern District of Illinois. A Lucasfilm spokeswoman called the suit a "basic contract dispute.". (Crain's Chicago Business)
Bond denied in county shooting case Feb 6, 2010
Campbell County General District Court Judge F. Patrick Yeatts denied bond Friday for Tyrone Ferguson, 26, who is charged in the Jan. 8 shooting of Renee Jenkins ... Campbell County Deputy Commonwealth's Attorney Paul McAndrews then asked Ferguson if he remembered a conviction for contempt of court in 2008 in Pittsylvania County General District Court. (Brookneal Union Star, VA)
The Brualdi Law Firm, P.C. Announces Class Action Lawsuit Against Harleysville National Corporation Feb 6, 2010
NEW YORK, Feb. 5, 2010 (GLOBE NEWSWIRE) -- The Brualdi Law Firm, P.C. announces that a lawsuit has been commenced in the United States District Court for the Eastern District of Pennsylvania on behalf of a proposed class of Harleysville National Corporation ("Harleysville") (Nasdaq: - ) shareholders and their successors-in-interest, other than defendants or those associated with defendants, who were holders of record on December 7, 2009 and eligible to vote at the January 22, 2010 shareholder... (Primezone Releases)
Federal appeals court upholds county in case Feb 6, 2010
Tony Bonney, who works in the county's water division, filed a lawsuit in May 2008 in Butte district court against the county and county employees claiming his firing was improper and retaliatory. The case was transferred to a federal court, which ruled in favor of the city-county on Jan. 9, 2009. (Montana Standard, MT)
Cleared Bird in demand Feb 6, 2010
The former Test five-eighth will celebrate his 26th birthday on Wednesday clear of all charges that resulted in him parting company with Cronulla a year ago after a Sutherland District Court judge found a woman who accused Bird of a nightclub assault to be an unreliable witness. He was joined in the Indigenous team by Rabbitohs centre Beau Champion following the loss of Greg Inglis. (Sydney Morning Herald -- Sport)
Ritz owner fights lender over sale Feb 6, 2010
Transwestern filed suit against the Ritz owners to recover the debt in Denver District Court in August 2009. A buyer of the collateral likely would value it at well below the hotel s construction cost, according to hotel brokers. (Denver Business Journal, CO)
Mazzucco: If Judge Edward M. Chen Isn’t Qualified, Who Is? Feb 6, 2010
Last year, President Barack Obama nominated him to the U.S. District Court for the Northern District of California. While the confirmation of such a well-qualified jurist should be routine, he has been the object of outrageous attacks on his patriotism and impartiality by individuals and organizations who have never met or appeared before Judge Chen. (Roll Call)
Legislators oppose terror trial in Johnstown Feb 6, 2010
The Department of Justice set guidelines that the trial must be held in one of the three locations where a Sept. 11, 2001, crime occurred. That would be New York, Shanksville or Arlington, Va. (Somerset Daily American, PA)
Jenny Craig ends ad campaign that drew Weight Watchers suit Feb 6, 2010
When the lawsuit began, a judge in the U.S. District Court for the Southern District of New York temporarily barred Jenny Craig from broadcasting, publishing or distributing the ads. So they haven't been seen since. (USA Today -- Money)
State argues for its right to use Limbaugh records Feb 6, 2010
"Privacy rights can not operate as an impenetrable shield," Martz wrote in a filing before the 4th District Court of Appeal. The filing was the latest step in a protracted legal battle over Limbaugh's seized medical records. (Yahoo News -- Rush Limbaugh)
Plaintiffs Firms Mount Mass Attack on Toyota Feb 6, 2010
"There are damages among consumers because, no matter what happens here, the cars that people bought will be worth less, whether there's a quick fix or a long fix," said Howard, one of the lawyers behind an action filed on Jan. 29 in U.S. District Court for the Northern District of Florida. That suit seeks $1 billion in damages on behalf of a nationwide class of consumers. (Law.com)
Lawsuit against county challenges record-keeping policies Feb 6, 2010
Published: Wednesday, January 13, 2010 10:15 AM CST Kendall resident Ken Anderson filed a lawsuit over county record-keeping procedures in 216th District Court on Friday. Kendall County Commissioners discussed the matter in closed session at the conclusion of the courts short meeting yesterday morning. (Boerne Star, TX)
Citing Lack of Jurisdiction, 2nd Circuit Declines to Upset Zyprexa Fee Cap Feb 6, 2010
In a separate concurring opinion, Kaplan wrote that because this issue -- specifically, whether a district court may order that a percentage of settlement funds in pending multidistrict litigation cases be set aside in a "common benefit fund" before motions to remand those cases have been decided -- arises frequently, and because it has never been addressed by a circuit court, the panel should address the issue "head-on.". Kaplan analyzed Weinstein's orders on their substance, and concluded they... (Law.com)
Nokia Is Sued by Investors Over 2008 Production Delays, Price-Cut Strategy Feb 6, 2010
The case is City of Roseville Employees Retirement System v. Nokia Corp., 10-cv-967, U.S. District Court, Southern District of New York (Manhattan). To contact the reporter on this story: in New York federal court at. (Bloomberg -- Europe)
U.S. Ring wins suit against Chinese rival Feb 6, 2010
The U.S. District Court for the Eastern District of Missouri ruled two of World Wide s patents invalid. The verdict removes a cloud from U.S. Ring, which had lost customers for its Insta-Clik ring-binder mechanism during the litigation, said Bob Premnath, company president and CEO.. (St. Louis Business Journal, MO)
Judge Rules In Favor Of Machinists Union In Pratt Trial: Plants Won't Close Feb 6, 2010
December 2009: Trial begins in U.S. District Court in Bridgeport before Judge Janet C. Hall. Jan. 13, 2010: Trial ends. (FOX61, CT)
Former Bank of America Chief Lewis Sued by New York's Cuomo For TARP Fraud Feb 5, 2010
The $150 million SEC settlement still has to be approved by U.S. District Court Judge Jed Rakoff. Last year, Rakoff called the SECs initial settlement, which focused on the banks bonus disclosures, neither fair nor reasonable and questioned why the banks executives and lawyers werent sued. (Bloomberg)
Comair wants damages lowered Feb 5, 2010
The Lexington Herald-Leader reports that in court documents filed in U.S. District Court in Lexington, Comair has asked for a new trial on part of the case pertaining to the daughters, or to have the amounts awarded to them lowered. (Copyright 2010 by The Associated Press. (FOX19.com, OH)
Rounds says he pushed for SD in energy meeting Feb 5, 2010
The lawsuit was filed in U.S. District Court in Fresno by the National Petrochemical ers Association and the American Trucking Associations ... The lawsuit was filed in U.S. District Court in Fresno by the National Petrochemical ers Association and the American Trucking Associations. (Fresno Bee -- Nation)
Berryhill opponent sues over move to Oakdale Feb 5, 2010
She filed her lawsuit against Secretary of State Debra Bowen this week in the 3rd District Court of Appeal in Sacramento. Berryhill's campaign says Fuller's claim contradicts legal opinions from the secretary of state's office, as well as a 1972 U.S. Supreme Court ruling that struck down a one-year residency requirement for Tennessee voters. (Modesto Bee, CA)
Judge won't revive charges against abortion doctor Feb 5, 2010
A district court judge Wednesday refused to reinstate criminal charges against a nationally known abortion doctor, ruling that the Kansas attorney general had overstepped his authority in the case. Outgoing Atty. (Yahoo News -- Abortion Rights Debate)
Justice Thomas, on the Road Again Feb 5, 2010
Trial judges: Asked if he'd ever want to sit as a trial judge, as the late chief justice William Rehnquist once did, Thomas said he did not think he'd be qualified for the "hard work" of district court judging. "That's the front line," he said. (Law.com)
Gov responds to concerns Feb 5, 2010
Salzburg said while homeowners were negotiating the terms of the mediation agreement, the claimants filed a lawsuit in Sweetwater County District Court in July against two of the state's consulting engineers who had done work for the AML related to the dynamic compaction project. He said the filing of the lawsuits raised the question of a possible "double recovery" for homeowners. (Casper Star-Tribune, WY)
Wyoming could derail successful wolf hunts Feb 5, 2010
Just a few days later, Wyoming officials argued in U.S. District Court in Cheyenne that the federal government should be forced to accept the state's wolf management plan and delist wolves here as well ... Instead, years of litigation lie ahead on both lawsuits, as rulings at the district court level will likely be appealed. (Casper Star-Tribune, WY)
DISTRICT COURTS TO CLOSE IN PREPARATION FOR MOVE Feb 5, 2010
Division One of Jefferson County District Court and Division Two of the District Court of Pine Bluff will be closed to the public from Feb. 15-26, in order to move to their new location in the court building adjacent to the W.C. Dub Brassell Adult Detention Center, 223 E. 3rd Ave.. The courts are currently located in the civic center at 200 E. Eighth Ave. and will open in their new building March 1. (Pine Bluff Commercial, AR)
Texas AG wants cities kicked out of lawsuit Feb 5, 2010
At the time, Ponton said, Now it looks like we ll go back to district court, add some plaintiffs and start again. Thus, the latest suit was filed on Dec. 14. (Alpine Avalanche, TX)
No live TV of a trial on marriage, but a replay Feb 5, 2010
The two decided to make the re-enactment after the Supreme Court blocked Judge Vaughn R. Walker of U.S. District Court here from broadcasting the trial proceedings ... The two decided to make the re-enactment after the Supreme Court blocked Judge Vaughn R. Walker of U.S. District Court here from broadcasting the trial proceedings. (Honolulu Star-Bulletin)
Community leaders review year, discuss future Feb 5, 2010
The fourth priority is to resolve the 41-A District Court safety issues, while the fifth priority involves exploring ways to share services with nearby communities. Stathakis said the township will also work to create a fifth fire station to improve response times, and the issue regarding the property at the old Soccer City will be discussed. (Shelby Twp Advisor & Source, MI)
US justice department opposes Google book deal Feb 5, 2010
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Skycaps across US join suit over tips Feb 5, 2010
US District Court Judge William G. Young s ruling came almost two years after a jury awarded nine current and former American Airlines skycaps at Logan International Airport $325,000 for tips they lost. Hundreds of American Airlines skycaps at 85 airports are now part of the case, which a lawyer for the plaintiffs says seeks millions of dollars. (Boston Globe)
Underwear Bomber Got Worst Treatment Law Allows Feb 5, 2010
The previous administration always prosecuted suspected terrorists captured on U.S. soil in federal district court ... You would never know it now to hear the rhetoric, but the previous administration demonstrated repeatedly that if you want to punish terrorists with hefty sentences and do it relatively swiftly, U.S. district court is where they need to go, not a military tribunal. (Bloomberg -- Columnists)
Boston Skycap Suit Goes National After Ruling Feb 5, 2010
U.S. District Court Judge William Young on Thursday certified a national class-action suit against the airline. The class action lawsuit comes 18 months after a federal jury awarded nine current and former American Airlines skycaps from Massachusetts $325,000 for tips they lost as a result of the baggage fees. (ABC News -- Wire)
Gases Plus sues, says refinery failed to pay Feb 5, 2010
Published: Wednesday, February 3, 2010 12:07 PM MST RAWLINS A company based in Gillette has sued two other companies in Carbon County District Court over a payment dispute. Gases Plus Norco contends in the lawsuit that it is owed nearly $19,000 for materials, labor and services requested by the Louisiana-based PCT Industrial Companies at the Sinclair Wyoming Refining Company. (Gillette News-Record, WY)
Pomerantz Firm Reminds Investors of Kohlberg Capital Corporation of Upcoming Deadline -- KCAP Feb 5, 2010
Pomerantz Haudek Grossman & Gross LLP () ("Pomerantz") filed a class action lawsuit in the United States District Court, Southern District of New York, against the Company and certain of its top officers and directors. The action (10-cv-0080) was filed on behalf of purchasers of the securities of the Company between March 16, 2009 and December 24, 2009 inclusive, (the "Class Period"). (Primezone Releases)
Depositions Taken In Anthrax Case Feb 5, 2010
Hatfill's lawsuit, filed in 2003 in U.S. District Court in Washington, accuses the Justice Department of violating the Privacy Act and his civil rights by labeling him a "person of interest" in the mailings of envelopes containing anthrax bacteria. He has denied any part in the mailings, which killed five people. (Yahoo News -- Biological and Chemical Weapons)
Bank of America charged with fraud in Merrill Lynch deal Feb 5, 2010
In rejecting the initial settlement, U.S. District Court Judge questioned why bank officials weren't held accountable, and concluded that the deal was unfair to investors. Under the new settlement plan, the SEC said the tougher, $150 million penalty against Bank of America would be distributed to shareholders, and the bank would strengthen its corporate governance and disclosure practices. (USA Today -- Money)
Strong-Mayor Measure May Elude Ballot Feb 5, 2010
3rd District Court of Appeals Denies Request ... On Thursday, the 3rd District Court of Appeals denied a request to delay a judge's decision that keeps the measure off the ballot. (KCRA 3, CA)
Bond denied in county shooting case Feb 5, 2010
Campbell County General District Court Judge F. Patrick Yeatts denied bond Friday for Tyrone Ferguson, 26, who is charged in the Jan. 8 shooting of Renee Jenkins ... Campbell County Deputy Commonwealth's Attorney Paul McAndrews then asked Ferguson if he remembered a conviction for contempt of court in 2008 in Pittsylvania County General District Court. (Brookneal Union Star, VA)
Cox Las Vegas Sues Telco Over Ad Claims Feb 5, 2010
Cox filed the lawsuit Jan. 29 in the U.S. District Court for the District of Nevada. The case is docket number 2:10-CV-00134. (Multichannel News)
Medical groups assail patenting of human genes Feb 4, 2010
The and the Public Patent Foundation, a not-for-profit organization affiliated with Cardozo School of Law in New York, argued before federal district court Judge Robert Sweet that patents on genes are unconstitutional ... The suit, filed May 12, is being heard at the U.S. District Court for the Southern District of New York. (USA Today -- Tech)
CHS heads to district court to protest property tax bill Feb 4, 2010
CHS heads to district court to protest property tax bill ... CHS, Inc. filed a complaint in Yellowstone County District Court last week, Jan. 26, claiming the state Department of Revenue overvalued the property at its Laurel refinery by 55 percent ... The company had the option of appealing the decision to the Yellowstone County Tax Appeal Board, but instead opted to take its case to district court. (Laurel Outlook, MT)
Lawsuits follow collapse of Krahl Construction Feb 4, 2010
25 million in principal, accrued interest and fees at the time its suit was filed Jan. 19 in U.S. District Court in Chicago. Fifth Third says Mr. Paderta personally guaranteed repayment of the debt, and the bank seeks a judgment of $4. (Crain's Chicago Business)
Hungry Lion closes after 27-year run Feb 4, 2010
-based drugstore chain filed for eviction in District Court late last year, noting that owner Kazuyaki Goto owed more than $100,000 in rent. Goto bought the restaurant in 2007 from founder Roy Shimonishi. (Pacific Business News, HI)
Fearing budget cuts, supporters defend Portsmouth police presence Feb 4, 2010
Laying off the victim advocate, who has assisted victims through criminal proceedings at the police station and the district court. Ferland said $28,000 of that position was funded through grants and $42,000 from the police budget. (Seacoast New Hampshire)
Bond denied in county shooting case Feb 4, 2010
Campbell County General District Court Judge F. Patrick Yeatts denied bond Friday for Tyrone Ferguson, 26, who is charged in the Jan. 8 shooting of Renee Jenkins ... Campbell County Deputy Commonwealth's Attorney Paul McAndrews then asked Ferguson if he remembered a conviction for contempt of court in 2008 in Pittsylvania County General District Court. (Brookneal Union Star, VA)
