Saturday, February 4, 2012



Circuit

Circuit
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Circuit

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Circuit

Appeals Courts Criticize Child Porn Sentencing Guidelines

by Attorney

As the sentencing guidelines for child pornography crimes have grown increasingly harsh, a strong trend has developed among federal judges to reject the proposed prison terms as draconian. Now two influential federal appellate courts have declared that the child pornography guidelines are seriously flawed. A decision in May from the 2nd Circuit and another this [...]

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9th Circuit Orders Mediation in Rio Tinto Alien Tort Case

by Attorney

Nearly a decade into a court battle involving a foreign company and its alleged role in spurring civil war in a South Pacific country, the 9th Circuit is suggesting mediation. The court issued the surprising en banc order in a case that stood to test the scope and reach of the 1789 Alien Tort Act. [...]

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Cell Phone Liability Lawsuits Pre-Empted by FCC, 3rd Circuit Rules

by Attorney

In a major victory for cell phone makers and service providers, the 3rd U.S. Circuit Court of Appeals has ruled that consumers cannot sue over possible biological hazards allegedly caused by cell phone radio emissions because such suits would interfere with the Federal Communications Commission's exclusive power to regulate the industry. Plaintiffs lawyers had argued [...]

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2nd Circuit Overturns Religious License Plate Restriction

by Attorney

A state law that prohibits vanity license plates containing religious messages violates the Free Speech Clause of the First Amendment, the 2nd Circuit ruled Friday. The circuit said a Vermont statute that barred a driver from obtaining a vanity plate referring to the Biblical verse John 3:16, "impermissibly restricts expression from a religious viewpoint." The [...]

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2nd Circuit Upsets Order Requiring Wiretap Turnover in SEC Case Against Galleon

by Attorney

A unanimous federal appeals panel has overturned an order requiring defendants in the sprawling Galleon securities fraud case to hand over to the SEC roughly 18,000 wiretapped conversations they had been given by prosecutors in a parallel criminal prosecution. The 2nd Circuit panel found a lower court judge had "clearly exceeded" his jurisdiction by ordering [...]

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4th Circuit Becomes New Front in Battle Over Judicial Nominees

by Attorney

There's a new focus in the sparring over judicial nominees. Albert Diaz, whom President Barack Obama nominated for the 4th Circuit in November 2009, has been waiting longer for Senate confirmation than any other pending appellate nominee. Currently on the North Carolina trial bench, Diaz has awaited a vote since getting the unanimous support of [...]

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2nd Circuit Rejects Corporate Liability in Alien Tort Act Cases

by Attorney

The 2nd Circuit has rejected outright the theory that corporations can be held liable in the U.S. under the Alien Tort Statute for violations of international law in foreign countries. In a sweeping decision rebuffing a suit against Royal Dutch Petroleum and others for allegedly aiding and abetting human rights violations during oil exploration in [...]

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9th Circuit Backs Government's State Secrets Claim in Rendition Case

by Attorney

Terror suspects who claim they were tortured abroad at the hands of the U.S. government have lost their latest attempt to sue the private American company they say was involved in their abduction as part of an "extraordinary rendition" program under the Bush administration. The 9th Circuit, in a 6-5 opinion that delves into the [...]

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In 'Doo-Wop' Case, 3rd Circuit to Consider 'Prevailing Party' Fees Issue

by Attorney

A court battle over rights to the names of two 1950s doo-wop groups has sparked an appeal that could have far-reaching effects in civil rights litigation. The 3rd Circuit has granted en banc rehearing to decide the proper test to determine a plaintiff's entitlement to attorney fees as the "prevailing party." The underlying battle started [...]

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9th Circuit Reverses $29 Million Fee Award Over Procedural Problem

by Attorney

A federal appeals court has snatched away a $29 million fee award that two law firms received for serving as lead plaintiffs counsel in a California backdating securities class action against Mercury Interactive Corp. A 9th Circuit panel on Wednesday vacated a lower court ruling granting the fee award to New York's Labaton Sucharow and [...]

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3rd Circuit Won't Revive Aetna Securities Fraud Suit

by Attorney

A securities fraud suit against insurance giant Aetna fell flat on Wednesday when a federal appeals court refused to revive claims by investors who said the company made false statements about its "disciplined" pricing strategies that were designed to drive up the stock price so that three top executives could cash in and sell $61 [...]

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In Wake of 'Heller,' 3rd Circuit OKs Ban on Unnumbered Guns

by Attorney

In an important Second Amendment decision that charts a course for evaluating the validity of gun laws now that the Supreme Court has declared the right to be an individual one, the 3rd Circuit has refused to strike down a federal law that bans possession of guns with obliterated serial numbers. Perhaps the most important [...]

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In Huge Loss for Mattel, 9th Circuit Sides With Bratz Over Barbie

by Attorney

The Bratz doll is back in business, thanks to the 9th Circuit. A panel on Thursday vacated Mattel's hard-won injunction on behalf of its Barbie doll, finding the remedy too broad. The litigation arose because Bratz's creator, Carter Bryant, worked for Mattel before decamping for the competition. The district court erred when it found Mattel's [...]

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Retirees' Bankruptcy Protection Act Trumps ERISA, 3rd Circuit Rules

by Attorney

In a huge win for labor, the 3rd Circuit has ruled that a corporation in bankruptcy cannot terminate its retirees' health and life insurance benefits -- even if its ERISA plan explicitly reserved its right to unilaterally terminate such benefits -- unless it can show that doing so is a necessary part of its reorganization [...]

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Nonlawyer at 9th Circuit Beats Toyota on Trademark Law

by Attorney

A pro se litigant took on Toyota and won Thursday when the 9th Circuit held that her family business's domain names, buy-a-lexus.com and buyorleaselexus.com, did not infringe on the auto giant's trademark. The trial court's injunction barring Lisa and Farzad Tabari from using the word Lexus in their brokerage's website address was "plainly overbroad," Chief [...]

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5th Circuit Judges in Drilling Moratorium Case Have Oil Ties, Report Says

by Attorney

The Obama administration's appeal of a decision blocking a six-month moratorium on deepwater drilling in the Gulf of Mexico comes before the 5th Circuit today. Just in time for the hearing, the Alliance for Justice has issued a report highlighting the past work and present investments of 5th Circuit judges. Among its findings: Two judges [...]

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3rd Circuit Tosses Out Attorney Fees Leveled at JPMorgan Chase

by Attorney

Chalk up a victory for JPMorgan Chase now that a federal appeals court has ruled that the bank never should have been ordered to pay more than $17,000 in attorney fees as a punishment for improperly removing a state court suit to federal court. Voting 2-1, the 3rd U.S. Circuit Court of Appeals ruled that [...]

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Bagram Detainees Have No Habeas Rights, Says D.C. Circuit

by Attorney

Foreign nationals held in a U.S. military prison at Bagram air base in Afghanistan do not have the right to challenge their detainment in federal courts, ruled a three-judge D.C. Circuit panel on Friday. The unanimous ruling addressed a lingering and major question stemming from the U.S. Supreme Court's decision in Boumediene v. Bush in [...]

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Partner's Discrimination Suit Against Firm Headed Back to 3rd Circuit

by Attorney

A Pennsylvania law firm is poised to square off in the 3rd U.S. Circuit Court of Appeals against one of its own partners in a potentially groundbreaking sex discrimination suit that could open the door to female lawyers suing for equal pay -- even after they have been named partners. Alyson J. Kirleis accuses Dickie [...]

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9th Circuit OKs Huge Wal-Mart Class

by Attorney

The 9th Circuit voted 6-5 on Monday to certify a gender discrimination claim against retail behemoth Wal-Mart -- the largest employment discrimination class action ever, say plaintiffs attorneys. The case involves more than a million potential plaintiffs and is widely expected to draw U.S. Supreme Court review. Not only was the 9th Circuit split along [...]

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