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Archive for October, 2007

Alleged Radiation Exposure Constitutes Bodily Injury, Cell Phone Manufacturer Contends

Wednesday, October 31st, 2007

Case: Federal Insurance Co. v. Samsung Electronics America, et al., No. 06-1040, Texas Sup.; See 9/4/07, Page 4.
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Original post by LexisNexis® Mealey’sâ„¢ Legal News

MDL 1535 Judge Grants Consumer Defendant Summary Judgment

Tuesday, October 30th, 2007

CLEVELAND - Consumer defendant Caterpillar Inc. was granted summary judgment on Oct. 30 in the national consolidated welding fume products liability litigation because the plaintiffs failed to present evidence that the company participated in a conspiracy to withhold information about the alleged link between welding fume inhalation and neurological injuries (In re: Welding Fume […]

Divided Federal Circuit Says Contempt Proceedings Were Appropriate

Tuesday, October 30th, 2007

WASHINGTON, D.C. - A district court may entertain contempt proceedings where a party subject to an injunction after filing an abbreviated new drug application (ANDA) that was found to be infringing files a second ANDA for a drug having no more than a colorable difference from the first, the Federal Circuit U.S. Court of Appeals […]

Interlocutory Appeal Prompts Federal Circuit To Reverse District Court

Tuesday, October 30th, 2007

WASHINGTON, D.C. - An exclusive field of use licensee does not have standing to sue for infringement in its own name without joining the patent owner, the Federal Circuit U.S. Court of Appeals held Oct. 15 (International Gamco, Inc., et al. v. Multimedia Games, Inc., No. 2007-1034, Fed. Cir.; See 5/7/07, Page 38).
Full story on […]

U.S. Supreme Court Accepts Appeal Of $2.5 Billion Exxon Valdez Punitive Damages Award

Tuesday, October 30th, 2007

WASHINGTON, D.C. - The U.S. Supreme Court has accepted the ExxonMobil Corp. appeal of the $2.5 billion in punitive damages related to the contamination in 1989 of Prince William Sound when the tanker Exxon Valdez ran aground and spilled 11 million gallons of crude oil (Exxon Shipping Co., et al. v. Grant Baker, et al. […]

Defendant Wins Partial Reversal Of Damages Award On Appeal

Tuesday, October 30th, 2007

CINCINNATI - A jury’s $3.5 million punitive damage award was unconstitutionally excessive, the Sixth Circuit U.S. Court of Appeals held Oct. 17 in a copyright infringement case (Bridgeport Music Inc. and Westbound Records Inc. v. Bad Boy Entertainment Inc., itself and d/b/a Bad Boy Records, Bad Boy Records LLC, Janice Combs Publishing Inc. d/b/a Justin […]

Ohio Judge Reports Defective Starbucks Coffee Cup Case Settled

Tuesday, October 30th, 2007

COLUMBUS, Ohio - A federal judge handed down an order on Oct. 17 announcing that a case claiming that the design of Starbucks coffee cups or lids are unreasonably dangerous has been reported as settled (Larry Becton v. Starbucks Corp., No. 2:05-cv-1143, S.D. Ohio; 2007 U.S. Dist. LEXIS 43235; See September 2007, Page 5).
Full story […]

Mississippi High Court Ends Sanctions Quest Against Silica Firm

Monday, October 29th, 2007

JACKSON, Miss. - A Mississippi trial judge did not abuse his discretion in refusing to sanction a Texas law firm accused of shenanigans in screening plaintiffs in the federal silica multidistrict litigation, the Mississippi Supreme Court held Oct. 4 (Choctaw, Inc., et al. v. Campbell, Cherry. Harrison, Davis & Dove, Nos. 2006-CA-01621-SCT & 2006-CA-01625-SCT, Miss. […]

Woman Moves To Bar Use Of Undisclosed Visual Aids

Monday, October 29th, 2007

OKLAHOMA CITY - A woman preparing to try her lawsuit against the maker of Effexor on Oct. 15 asked a federal judge to bar Wyeth’s use of visual aids that were not previously disclosed and to allow the “whole truth” as to what the Food and Drug Administration did and said after her husband’s December […]

ACLU Asks High Court To Accept Case Challenging Government’s Domestic Spying

Monday, October 29th, 2007

WASHINGTON, D.C. - The American Civil Liberties Union, in an Oct. 3 petition for writ of certiorari, asked the U.S. Supreme Court to decide whether the president of the United States can authorize surveillance barred by Congress and whether the government can avoid litigation surrounding the surveillance by refusing to disclose what communications have been […]

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