Attorney Leonard Deutchman has reviewed federal court decisions that applied the “plain view” doctrine of the Fourth Amendment to law enforcement engaged in computer searches. He now looks at a 9th Circuit decision which rejected the doctrine and analyzes the pros and cons of both views.
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When many aggregators are copying the news content of one originator, one “hot news” lawsuit may not suffice — equitable principles may require originators to restrain misappropriation of their content by other parties as well. This “duty to police” may prove a burden to originators.
Original post by LexisNexis® Mealey’sâ„¢ Legal News
WASHINGTON, D.C. - A quorum of the National Labor Relations Board (NLRB) can be no fewer than three members, the attorney for New Process Steel L.P. argued March 23 before the U.S. Supreme Court (New Process Steel, L.P. v. National Labor Relations Board, No. 08-1457, U.S. Sup.; See February 2010, Page 46).
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PHILADELPHIA - A Pennsylvania Common Pleas Court judge wrote in a May 5 supplemental opinion for the state Superior Court that the manufacturer of Provera is entitled to a new trial because a jury’s verdict that awarded $1.5 million to a New Jersey couple was inconsistent and against the weight of the evidence (Merle Simon, […]
SPRINGFIELD, Ill. - The Illinois Supreme Court on April 15 found that the anti-arbitration clause within the Illinois Nursing Home Care Act is preempted by the Federal Arbitration Act (FAA) through conflict preemption. The state high court found that the public policy behind the anti-waiver provisions within the nursing home statute are not grounds for […]
An IT-related dispute between well-known entities that goes to trial is a rare occurrence, say attorneys Richard Raysman and Peter Brown. But a 10-month trial resulting in a 468-page decision coming out of the U.K. will likely be studied closely by vendors and their customers.
Original post by LexisNexis® Mealey’sâ„¢ Legal News
DENVER - A panel in the 10th Circuit U.S. Court of Appeals on April 20 affirmed a lower court’s judgment that reformed an auto insurance policy and set a benefits cap in accordance with state law regulations, upholding the dismissal of bad faith and breach of contract claims (Kelly Fincher, et al. v. Prudential Property […]
Case: New Salida Ditch Co. Inc. v. United Fire & Casualty Insurance Co., No. 10-1010, 10th Cir. Appellant’s brief: Filed March 1 by New Salida Ditch CoIncBrief available 50-100513-031B
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NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on April 27 affirmed summary judgment dismissal of a benzene case, holding that a district court properly found that the plaintiff has not presented any evidence demonstrating that the defendants produced the benzene to which the decedent was exposed (Joan Nelson, et […]
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals found May 10 that a lower court erred by ignoring a homeowners insurance policy’s total loss provision in finding that insureds whose property was destroyed by Hurricane Katrina were entitled only to the actual cash value of their home, ruling that the insureds are entitled […]