RICHMOND, Va. - In its fourth ruling in the case, a divided Fourth Circuit U.S. Court of Appeals on Sept. 2 reversed in part and remanded in part findings that a football team’s use of a plaintiff’s copyrighted logo in National Football League highlight films constitutes fair use (Frederick E. Bouchat v. Baltimore Ravens Limited […]
SAN FRANCISCO - While staying “mindful” that summary judgment “is generally disfavored in the trademark arena,” the Ninth Circuit U.S. Court of Appeals on Aug. 19 remanded for trial trademark infringement allegations against Victoria’s Secret Stores Brand Management Inc. (Fortune Dynamic Inc. v. Victoria’s Secret Stores Brand Management Inc., No. 08-56291, 9th Cir.; 2010 U.S. […]
NEW ORLEANS - The judge presiding over the Federal Emergency Management Agency trailer formaldehyde products liability litigation consolidated in the U.S. District Court for the Eastern District of Louisiana entered an order Aug. 4 instructing the parties to present him with candidates for the Nov. 8 bellwether trial to replace those plaintiffs who voluntarily dismissed […]
GREENBELT, Md. - A federal magistrate judge in Maryland on Sept. 9 recommended that the president of a defendant company’s willful violation of several court orders requiring the preservation and production of electronically stored information (ESI) be treated as contempt of court and that he be imprisoned for a period not to exceed two years […]
WASHINGTON, D.C. - An insurance pool that wishes to challenge a Circuit Court decision in the U.S. Supreme Court that the McCarran-Ferguson Act does not authorize a state law to reverse-preempt the Convention on the Recognition and Enforcement of Foreign Arbitral Awards said Sept. 8 that the Federal Arbitration Act is an act of congress […]
DENVER - A unanimous 10th Circuit U.S. Court of Appeals panel on Sept. 3 overturned a $926 million judgment against Rockwell International Corp. and The Dow Chemical Co. for continuing-trespass and nuisance claims alleging plutonium contamination around the Rocky Flats Nuclear Weapons Plant and remanded the action (Merilyn Cook, et al. v. Rockwell International Corp., […]
When a law firm’s docketing and calendar workflow is undefined or loosely structured, the firm is vulnerable to missing deadlines, losing track of e-filings, or using out-of-date or unofficial forms. Consultant Curt Meltzer believes American LegalNet eDockets has tackled these challenges.
Original post by LexisNexis® Mealey’sâ„¢ Legal News
CHICAGO - Finding that an online cigarette retailer “held itself out to conduct business nationwide,” a panel in the Seventh Circuit U.S. Court of Appeals on Sept. 14 concluded that the retailer, therefore, “had sufficient voluntary contacts with the state of Illinois” to make it subject to jurisdiction in that state (State of Illinois v. […]
TRENTON, N.J. - A New Jersey appeals panel on Sept. 9 found that a lawyer seeking coverage for an underlying legal malpractice lawsuit “knew or should have known of a potential claim” against his law firm and that the failure to disclose the potential claims to the insurer amounted to material misrepresentations, affirming a lower […]
CHICAGO - Because a pollution liability insurer initiated a declaratory judgment action against its insureds in Illinois state court prior to filing a federal declaratory judgment action against its insureds in Illinois federal court, the federal action must be dismissed, an Illinois federal judge said Sept. 10 (Indian Harbor Insurance Co. v. Republic Services Inc. […]