Campaign law limits rights, suit says Sep 2, 2010
The lawsuit filed Friday in U.S. District Court on behalf of A-1 A-lectrician Inc. seeks to strike down the state's ban on political donations by state and county contractors ... The lawsuit filed Friday in U.S. District Court on behalf of A-1 A-lectrician Inc. seeks to strike down the state's ban on political donations by state and county contractors. (Honolulu Star-Bulletin)
Lynn Smith appeals court order Sep 2, 2010
Lynn Smith has appealed a U.S. District Court order freezing her assets ... When the SEC first filed its case, in April, the U.S. District Court in Albany granted the federal agency a temporary restraining order freezing the assets of the firm and its principals. (Albany Business Review, NY)
3Par faces lawsuit as bidding war continues Sep 2, 2010
In a suit filed Wednesday in the U.S. District Court for the Western District of Texas, the company alleges that 3Par, D-Link, Rorke Data, Chelsio Communications, DataCore Software, iStor Networks and American Megatrends infringe on its patent for a storage router that provides virtual local storage on remote storage devices. The lawsuit names seven models of 3Par's InServe Storage Servers and the 3Par Inform Operating System as infringing on the patent. (San Francisco Chronicle -- Technology)
Conservative Group Throws Hail Mary Pass on Prop 8 Sep 2, 2010
A conservative group on Tuesday filed with the state's 3rd District Court of Appeal in Sacramento a petition for a writ of mandamus to force Attorney General Jerry Brown and Gov. Arnold Schwarzenegger to defend Proposition 8 -- which the two office holders have publicly said they would not do. There's a high standard to win a writ of mandamus. (Law.com)
More Japanese vacation due to strong yen Sep 2, 2010
" onclick="Next();" src="/images/butt_next. travel between Tokyo and our beach destinations; Hawaii, Guam and Saipan. (Channelnewsasia.com)
Pleading Hurdle Remains High for False Marking Cases Sep 2, 2010
In a half dozen pending district court cases in Illinois, Pennsylvania and Texas, for example, the plaintiffs have successfully survived dismissal motions by alleging details about the sophistication of the defendant and its intellectual property management, Slavitt said. That could include such factors as having in-house patent counsel or the fact that the company has regularly engaged in patent litigation or transactions, Slavitt said. (Law.com)
University responds to contract lawsuit Sep 2, 2010
Jobs and internships for students. The University claimed former Notre Dame professor Oliver Collins was fired because he used $190,000 of grant and University money to purchase equipment that he used to take pornographic photographs in a recently filed legal response a breach of contract lawsuit filed by Collins. (The Observer, IN)
Fox named to Colorado appeals court Sep 2, 2010
Also Wednesday, Ritter appointed four judges to vacancies on county and district courts. Mark Duncan Thompson of Breckenridge will replace retiring District Court Judge W. Terry Ruckriegle in the 5th Judicial District, effective immediately ... For a district court judge, the initial term of office is a provisional term of two years. (Denver Business Journal, CO)
Board of Adjustment remains on hold Sep 2, 2010
The problem is, without a ZBA, Ocker has no way of receiving special relief, even if it makes sense to do so, unless she takes the district court route ... They can now only go to district court. (Rockport Pilot, TX)
Councilraises clerks salaries Sep 2, 2010
The whole story began in June, when Arkansas County Southern District Court Judge Park Eldridge told the Council that he needed a full-time court clerk and assistant, instead of the current situation where the court had a full-time assistant clerk (Kim Nutt) and a part-time court clerk (Leila Bell, who also worked part-time as assistant city clerk). At its last meeting, the council set the salary for the full-time court clerk position at $21,500 and $20,500 for the assistant, the position... (DeWitt Era-Enterprise, AR)
Calif. Appeals Court Approves Contingency Fee Greater Than Client Award Sep 2, 2010
5 million, San Francisco's 1st District Court of Appeal rejected arguments that the award -- based on a contingency fee of 16 percent of the client's estimated damages -- was unconscionable. "Although the fee agreement in this case was somewhat unusual, it reflected an attempt by equally sophisticated parties to share the risk of complicated litigation," wrote Justice Henry Needham Jr. in the. (Law.com)
States seek OK for hunting of endangered wolves Sep 1, 2010
This year's hunts were doubtful after a U.S. District Court ruling that portions of the wolf population remained at risk. On Tuesday, Montana asked the U.S. Fish and Wildlife Service to commit by Sept. 10 to the state's plan for "conservation hunts" beginning this fall. (Casper Star-Tribune, WY)
Apollo hit with fraud suit from investor Sep 1, 2010
The parent of the University of Phoenix revealed that it and several senior executives were named as defendants in a lawsuit filed Aug. 13 in U.S. District Court in Arizona. The suit alleges Apollo and the other defendants made false and misleading statements between Dec. 7 and Aug. 3 about the company and its business, with the effect of artificially inflating the stock price and hurting investors who bought Apollo shares during that time. (AZCentral -- Business)
Federal court dismisses Escobar lawsuit Sep 1, 2010
PHOENIX (KOLD) - Governor Jan Brewer announced that the federal district court granted her motion to dismiss the challenge to Arizona's new immigration law SB 1070, according to a press release ... A copy of the district court's order will be available at the. (KOLD.com, AZ)
District clerk trial date set for mid November Sep 1, 2010
The court set a trial date of Nov. 15 in the 401st District Court for the six district clerk employees facing a second-degree felony charge of engaging in organized criminal activity after entering not-guilty pleas during their arraignment last Wednesday. All six of the employees including chief deputy district clerk Patricia Crigger, civil/family manager Sherry Bell, senior administrator Rebecca Littrell, deputy district clerk Amy Mathis, civil/family supervisor Lorrie Robertson and deputy... (McKinney Courier-Gazette, TX)
Texas Court Says Gay Couple Can't Divorce Sep 1, 2010
The 5th Texas Court of Appeals ruled that a Dallas district court judge didn't have the authority to hear a divorce case involving two Dallas men who married in Massachusetts in 2006. The state had appealed after Judge Tena Callahan said she did have jurisdiction and dismissed its attempt to intervene. (Time.com)
Administration Appeals Order Blocking Stem Cell Research Sep 1, 2010
The Justice Department filed its appeal Tuesday with the U.S. District Court in the District of Columbia. Federal officials want U.S. District Judge Royce Lamberth to reconsider his restraining order after the judge blocked government funding of embryonic stem cell research last week. (KWTX.com, TX)
BofA Shareholders' Key Claims in Merger Disclosure Class Action Can Go Forward, Judge Rules Sep 1, 2010
It may be that Bank of America caught a break in April when the enormous securities class action challenging the bank's disclosures in advance of its merger with Merrill Lynch was transferred from Manhattan federal district court Judge Denny Chin (who is now on the 2nd U.S. Circuit Court of Appeals) to Judge Kevin Castel -- and not, , to Judge Jed Rakoff, who had made life hell for the bank in its attempt to resolve the Securities and Exchange Commission's suit over the Merrill deal. But Castel... (Law.com)
DOJ Asks Judge to Stay Injunction in Stem Cell Case Sep 1, 2010
Last week, Chief Judge Royce Lamberth of the U.S. District Court for the District of Columbia issued a preliminary injunction that DOJ attorneys said Tuesday threatens ongoing research projects and potentially negates years of scientific progress toward treatment of certain illnesses. President Barack Obama in March 2009 removed restrictions on embryonic stem cell research that were put in place by President George W. Bush. (Law.com)
Former Texas Supreme Court Chief Justice Is a Defendant in Wrongful-Death Suit Sep 1, 2010
In (pdf) in the 335th District Court, the parents of a teenage girl killed in a March 2009 accident are suing defendants Phillips; his wife Marilyn; their son Daniel; Glenda and Scott Halbert, as trustees of the Halbert Revocable Trust d/b/a Country Corner; and Point Horizon Properties LLC and Kiego LLC (collectively referred to in the petition as Beverage Barn). In the petition, the plaintiffs -- Cheryl and Bobby King, individually and as representatives of their daughter's estate -- allege... (Law.com)
Liberty Township loses again in Walmart case Sep 1, 2010
Bruce Ingram, a Columbus lawyer who represents Wedgewood, said the developer plans to ask a U.S. District Court judge to schedule a hearing as soon as possible to recover several million dollars in damages and attorney fees ... Wedgewood and township officials clashed throughout the zoning process, with Wedgewood later successfully suing the township in U.S. District Court over the process used to block the store. (Columbus Business First, OH)
Board of Adjustment remains on hold Sep 1, 2010
The problem is, without a ZBA, Ocker has no way of receiving special relief, even if it makes sense to do so, unless she takes the district court route ... They can now only go to district court. (Rockport Pilot, TX)
Apollo Group named in class action lawsuit Sep 1, 2010
Filed in the U.S. District Court for the District of Arizona, the complaint alleges that Apollo Group and executives made materially false or misleading statements between Dec. 7, 2009, and Aug. 3, 2010, about its violation of securities laws. The lawsuit, led by Douglas N. Gaer, says the statements artificially inflated the trading price of Apollo s common stock to the detriment of shareholders who bought during that time. (Phoenix Business Journal, AZ)
Taser gets final injunction in its long-running Stinger case Sep 1, 2010
The U.S. District Court in Arizona awarded the injunction to Scottsdale-based Taser, which claims that Stinger violated a patent for the stun gun Taser sells to law enforcement and the military. The injunction is the latest step in a two-year intellectual property case between Taser (Nasdaq:TASR) and Tampa, Fla. (Phoenix Business Journal, AZ)
Stem-cell ruling threatens Stanford research Sep 1, 2010
Stem-cell research by Stanford University researchers could be terminated under a preliminary U.S. District Court ruling -- even if stem cells are involved in only part of the research. Chief Judge Royce C. Lamberth issued a preliminary injunction Aug. 23 suspending federal funding for human embryonic stem cell research. (Palo Alto Online, CA)
Suits: Muslims Harassed at JBS Meatpacking Plants Sep 1, 2010
A lawsuit filed by the EEOC late Monday in U.S. District Court in Denver alleges JBS officials shut off water fountains at its Greeley meatpacking plant, keeping Muslim Somali workers from getting a drink at sundown ... A second lawsuit filed by the EEOC in U.S. District Court in Omaha, Neb. (ABC News -- Wire)
State smoking ban now in effect in Wichita Sep 1, 2010
A Sedgwick County District Court judge ruled Tuesday that a statewide smoking ban should immediately go into effect in Wichita. Judge Jeff Goering denied extension of an injunction being sought by 15 local businesses. (Wichita Business Journal, KS)
Judge denies Hecker's request Aug 31, 2010
U.S. District Court Judge Joan Ericksen has denied Denny Hecker's request that two charges against him be dropped. Ericksen's ruling is in keeping with one. (Twin Cities Business Journal, MN)
Feds bar Sacramento tax planner for life Aug 31, 2010
He consented to the entry of a permanent injunction before U.S. District Court Judge John Mendez. The government s complaint alleged Elmer s company repeatedly made false claims and inflated deductions for business expenses for alleged sham partnerships. (Sacramento Business Journal, CA)
State raid of redevelopment funds appealed Aug 31, 2010
The on Monday submitted an opening brief with the Third District Court of Appeal to overturn a $2. 05 billion raid of redevelopment funds by the state of California. (Sacramento Business Journal, CA)
A Long and Distinguished Record Aug 31, 2010
In 1963, he became a Probate Judge in Canyon County and within two years was the youngest person ever appointed to the District Court in Idaho. He was a District and Administrative Judge for the Third Judicial District of Idaho for 25 years and a United States Bankruptcy Judge from 1988-1989. (BroncoCountry.com)
Firm fights campaign laws Aug 31, 2010
The lawsuit, filed by James Bopp Jr. of Indiana on behalf of A-1 A-Lectrician Inc., a local electrical and construction firm, asks the U.S. District Court to lift the ban on donations by government contractors before the September primary and November general elections ... The lawsuit, filed by James Bopp Jr. of Indiana on behalf of A-1 A-Lectrician Inc., a local electrical and construction firm, asks the U.S. District Court to lift the ban on donations by government contractors before the... (Honolulu Star-Bulletin)
Prudential sued over military benefits Aug 31, 2010
Five plaintiffs joined the original plaintiff yesterday in the lawsuit, which was filed in July in US District Court in Springfield ... A similar claim against Prudential was thrown out of US District Court last year in New Jersey, where a beneficiary of a non-military life insurance policyholder challenged the Alliance Accounts and alleged Prudential was unjustly enriching itself. (Boston Globe)
Deadline looms for cigarette tax Aug 31, 2010
But parallel proceedings in State Supreme Court and U.S. District Court could affect the governor's deadline. The Seneca and Cayuga tribes are seeking a temporary injunction to prevent collection of the $4. (Buffalo Business First, NY)
Statler bid accepted; more hurdles await Aug 31, 2010
Pending the outcome of any appeal, which would be heard in U.S. District Court, as well as due diligence, Statler City is expected to close in mid-November. Local real estate broker Richard Sterben, who is working for My Dynasty, said his client was "prepared to bid much higher" than Statler City's offer. (Buffalo Business First, NY)
Sale of old Rec Center means new space for two county offices Aug 31, 2010
Their new office literally is right across the hall from Circuit Court and only a stones throw away from District Court. Shoumaker said that should come in handy when attorneys are waiting for a jury to reach a verdict. (Gillette News-Record, WY)
Paul Allen sues Apple, Google, eBay, Facebook, Yahoo, Netflix, others Aug 31, 2010
The suit was filed in the U.S. District Court of the Western District of Washington against the Silicon Valley companies as well as AOL, Office Depot, OfficeMax and Staples. Interval Licensing holds patents of , the Palo Alto, Calif. (New Mexico Business Weekly, NM)
Fish Market owner suing BP Aug 31, 2010
Fish Market filed suit last week in U.S. District Court of Mobile against the oil giant BP and other related parties, saying the spill hurt profits at the chain of seafood restaurants. The restaurant derives business income and profit from the sale of fresh and prepared seafood obtained from the Gulf of Mexico which has been reduced as a result of the oil spill, said the lawsuit. (Birmingham Business Journal, AL)
Suspected drug lord 'Barbie' captured by police Aug 31, 2010
Valdez, the third suspected major drug lord brought down by Mexico's security forces in less than a year, was charged in May in U.S. District Court in Atlanta with distributing thousands of pounds of cocaine from Mexico to the eastern U.S. from 2004 to 2006. U.S. authorities had offered a reward of up to $2 million for information leading to his capture, and the Mexican government offered a similar amount. (AZCentral -- News)
Judicial Nominees Still Being Blocked Aug 31, 2010
These include Diaz, whom the Judiciary Committee approved (19-0) the same day as Wynn more than six months ago; and N.C. federal district court nominee Catherine Eagles, who was also approved in committee without dissent months ago. Burr is unable or unwilling to convince his Republican colleagues to allow floor votes on Diaz and Eagles. (The Pilot Newspaper)
NY groups seek DC order blocking targeted killings Aug 31, 2010
The American Civil Liberties Union and the Center for Constitutional Rights filed a lawsuit in U.S. District Court for the District of Columbia for the father of cleric Anwar al-Awlaki, who's believed to be hiding in his parents' native Yemen. Defendants were President Barack Obama, CIA Director Leon C. Panetta and Secretary of Defense Robert M. Gates. (San Francisco Chronicle -- Crime)
Inmate falls off of Texarkana's District Court bldg. after trying to escape Aug 31, 2010
Inmate falls off of Texarkana's District Court bldg ... Inmate falls off of Texarkana's District Court bldg ... TEXARKANA, AR (KSLA)- An inmate fell five stories to the ground from the rooftop of Bi-State Justice Center, which is Texarkana's District Court. (KSLA.com, LA)
HP to pay USD 55m to settle fraud allegations Aug 31, 2010
The allegations that HP improperly paid kickbacks were first made in a lawsuit that whistleblowers and filed in the US district court for the of Arkansas in 2004. HP disclosed the defective pricing allegations resolved by today's settlement to GSA contracting officials. (India Times, India)
NFL notebook: Moreno could be back soon Aug 31, 2010
" In June, the former Georgia team captain entered a plea of conspiracy to commit mail fraud in U.S. District Court in Texas' Eastern District. Court records show Jones also signed a factual statement admitting his role in the alleged scam, which netted him about $86,000. Jones allegedly was among numerous people who made false statements on loan applications and other real estate documents in order to obtain mortgage loans in a scam allegedly run by Florida resident John Barry. The loans were... (Athens Banner-Herald)
JAL to retire 103 planes, scrap 49 flights Aug 31, 2010
TOKYO: Japan Airlines Corp, a debt-ridden carrier undergoing state-backed rehabilitation, said it will retire 103 aircraft and scrap 10 international and 39 domestic routes under its turnaround plan submitted to Tokyo District Court on Tuesday. JAL, which filed for bankruptcy protection in January owing more than $25 billion, also said it will target an operating profit margin of 9. (India Times)
When Should an HOA Be Able to Restrict an Owner's Right to Rent Out His Unit Aug 31, 2010
The scenario sketched above is, in abstract, similar to the case of Sierra Dawn Estates Homeowners' Association v. Isabelle Harrison et al., recently heard by California's Fourth Appellate District Court of Appeal. In an unpublished decision filed June 23, 2010, the court upheld the actions of the HOA. The plaintiff has filed an appeal with the state Supreme Court. (RealtyTimes)
- FEATURE : Thousands of missing still haunt Balkans Aug 31, 2010
It took several years before Tonka Pezelj of Croatia found out what had happened to her husband Miljenko, a judge and president of a district court in the Croatian town of Petrinja. She said in the book that she begged him to leave the town before the rebel Serbs took control, but he refused, saying it was his duty to stay in Petrinja. (Taipei Times, Taiwan -- Sports)
Ex judge Rosenbaum joins arbitration firm Aug 31, 2010
James Rosenbaum, a federal district court judge and a former Minnesota U.S. attorney, has joined a mediation and arbitration-services company that's opening a Minneapolis office. Rosenbaum recently retired from the bench after serving 25 years as a U.S. district court judge in Minneapolis. (Twin Cities Business Journal, MN)
Feds sue San Jose mortgage company Aug 31, 2010
The suit, filed last week in U.S. District Court in San Jose, alleges that between 2006 and 2009, Cuong Viet Do and his San Jose-based company improperly authorized at least $297,040 in withdrawals and loans from the company s retirement plan, and used $247,900 in plan assets to buy a condominium in Florida for their own use. The suit also alleges they failed to deposit to the retirement plan rental income from the condominium. (San Jose Business Journal, CA)
Clemens utters four words; trial date is set for April 5 Aug 31, 2010
By Mel Antonen, USA TODAY WASHINGTON Pitcher returned to the nation's capital Monday, but this time, instead of answering questions and getting scolded by members of the U.S. House, Clemens hung out in the back rooms of the U.S. District Court and spoke four words. Clemens, 48, the seven-time Award winner who could end up in jail if convicted of lying to Congress, arrived quietly at 9:30 a.m., and by the time he left about 2:45 p.m., he was surrounded by photographers during his 15-second walk... (USA Today -- Sports)
Swift Sued Over Treatment of Muslims at Neb. Plant Aug 31, 2010
The lawsuit filed in U.S. District Court in Omaha seeks an order requiring JBS Swift to provide prayer time and to refrain from retaliating against workers who ask to pray. It also seeks payment for the fired workers. (ABC News -- Wire)
Fallen Soldiers Parents Sue Insurance Co. Over Benefits Aug 31, 2010
Five plaintiffs joined the original plaintiff Monday in the lawsuit that was filed in July in U.S. District Court in Springfield, Mass. They say Prudential paid them 0. (KWTX.com, TX)
Arts student sues over Pittsburgh police beating Aug 31, 2010
The city is not commenting on the lawsuit filed by Jordan Miles on Monday in U.S. District Court. "> Curious? Search ScoutPA. Your online website and business directory. Daily American Archive Search Search for an Event Search our Classifieds Arts student sues over Pittsburgh police beating Rating: 0 Monday, August 30, 2010 3:59 PM EDT PITTSBURGH (AP) A black teen who attended the city s performing arts high school has filed a federal lawsuit saying three white Pittsburgh police officers... (Somerset Daily American, PA)
California RDA fund grab ruling appealed Aug 31, 2010
The appeal by the , submitted to the Third District Court of Appeal, was expected. Immediately after Sacramento County Superior Court Judge Lloyd Connelly ruled in May in favor of the raid, the group said it would file a stay and appeal the judge s 24-page ruling. (San Jose Business Journal, CA)
SJC backs judge on probation hirings Aug 31, 2010
Retired Springfield District Court Judge Robert F. Kumor Jr., who unsuccessfully sued to reverse the 2001 law change, said that judges have had little say over who works beside them in managing criminal cases as O Brien s hiring decisions became increasingly political. When the Legislature made that run in 2001 for purely the worst and most petty reasons, they attacked the integrity of the whole system, Kumor said yesterday. (Boston Globe)
Saints suspend asst. involved in real estate scam Aug 31, 2010
In June, Jones entered a plea of conspiracy to commit mail fraud in U.S. District Court in Texas' Eastern District. Court records show Jones also signed a factual statement admitting his role in the alleged scam, which netted him about $86,000. (SportsIllustrated.CNN)
Microsoft co-founder Paul Allen sues major tech companies Aug 31, 2010
Interval said Friday it filed the suit in the U.S. District Court of the Western District of Washington against 11 companies. Others named in the suit include , eBay and. (USA Today -- Tech)
Readers Write 9/30 Aug 31, 2010
Some have misinterpreted a recent U.S. District Court ruling to mean the Endangered Species Act is no longer a factor in the tri-state water talks. That is not the case. (Atlanta Journal-Constitution -- Opinion)
Wyoming officials not inclined to act on wolves Aug 30, 2010
Wyoming has its own federal lawsuit pending in U.S. District Court in Cheyenne challenging the Fish and Wildlife Service's refusal to delist wolves in the state. Wyoming officials say their plan would assure enough wolves survive to maintain at least 15 breeding pairs and 150 total wolves in the state -- the minimum number the Fish and Wildlife Service has said each of the three states needs to maintain. (Casper Star-Tribune, WY)
Nearly 15,000 war missing still haunt the Balkans Aug 30, 2010
It took several years before Tonka Pezelj of Croatia found out what had happened to her husband Miljenko, a judge and president of a district court in the Croatian town of Petrinja. She said in the book that she begged him to leave the town before the rebel Serbs took control but he refused, saying it was his duty to stay in Petrinja. (Yahoo! Asia News)
Vistaprint’s win is real, rumor maybe not Aug 29, 2010
A US district court had found the Web pages and discount programs were clearly written and not deceptive, according to Vistaprint. But it may have been rumor that drove the stock higher: rumors that the company may be acquired, possibly by. (Boston Globe)
Microsoft co-founder sues over browser patents Aug 29, 2010
The complaint, filed Friday in US District Court in Seattle, identifies companies such as Facebook, Google, Apple, eBay, Netflix and Yahoo as violating four patents owned by now-defunct research lab and technology incubator Interval Research Group, in which Allen invested 100 million dollars. Notably absent from the list of defendants were Microsoft and Amazon -both based in Allen's hometown of Seattle. (Business Report, South Africa)
USS Cole Bomber May Get Civilian Trial Aug 29, 2010
Appearing in National Review s The Corner, former U.S. attorney Andrew McCarthy, who successfully prosecuted the 1993 Twin Tower terrorists, provided a conjecture: If I were Attorney General Holder and President Obama, and I were hell-bent on giving the top al-Qaeda terrorists civilian trials, McCarthy said he would add the terrorists involved in both the 9/11 and Cole attacks to the civilian prosecution of Ahmed Ghailani, charged in the 1998 U.S. embassy bombings in Kenya and Tanzania, a case... (Newsmax)
Towery: Political winds blowing to right Aug 29, 2010
This totalitarian action by the state was overturned, not by lower courts but by a district court of appeals. Still, McCollum pushed on, fighting the bureaucratic fight. (Athens Banner-Herald)
Judicial candidate's challenge of rules upheld Aug 29, 2010
After he lost, U.S. District Court Judge Frederick Martone - himself a former Arizona Supreme Court justice - dismissed the case, saying the fact that Wolfson wasn't planning to run this year made the issue legally moot. Justice Clifford Wallace, writing for the majority, disposed of that argument quickly. (AZCentral -- Business)
