Saturday, February 4, 2012



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Court

Court Allows Chevron to Depose Lead Plaintiffs Lawyer in Ecuador Case

by Attorney

A federal judge has taken the extraordinary step of granting Chevron's motion to depose a counsel for its adversaries in the massive toxic tort litigation over oil contamination in Lago Agrio, Ecuador. If the ruling stands, Chevron's counsel and counsel for two former Chevron lawyers facing criminal charges in Ecuador will be able to ask [...]

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High Court Superstars Take Shots in Vaccine Case

by Attorney

David Frederick of Kellogg, Huber, Hansen, Todd, Evans & Figel has made a habit of arguing successfully against federal pre-emption before the Supreme Court, which casts him in frequent opposition to big business and pits him against formidable adversaries. On Tuesday, Frederick faced former Stanford Law dean Kathleen Sullivan of Quinn Emanuel Urquhart & Sullivan, [...]

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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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Wal-Mart Appeals Sex Discrimination Class Action to Supreme Court

by Attorney

The nearly 10-year legal battle over the class action lawsuit alleging sex discrimination at Wal-Mart stores is now before the Supreme Court. Wal-Mart's petition challenging the class certification of more than 1 million female workers was filed Wednesday by Gibson, Dunn & Crutcher's Theodore Boutrous Jr. He asserts that the certification and the claims for [...]

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Could Proposition 8 Case Fizzle Before Reaching Supreme Court?

by Attorney

The high-profile battle over California's Proposition 8 has been touted as the case that could force the Supreme Court to face the issue of same-sex marriage. But now that Judge Vaughn Walker has ruled that Prop 8, which banned same-sex marriage in California, is unconstitutional, the possibility is real that the case might never make [...]

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Kagan Confirmation Sets the Stage for High Court First

by Attorney

After three months of sparring over Elena Kagan's legal experience and where she falls on the ideological spectrum, the Senate confirmed her as the next U.S. Supreme Court justice on Thursday by a vote of 63-37. All Democrats but one voted for Kagan, while all Republicans but five opposed her. Her confirmation means the Court, [...]

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Senate Confirms Kagan to Supreme Court

by Attorney

Elena Kagan is on the verge of becoming the 112th justice of the U.S. Supreme Court, after three months of sparring over her legal experience and where she falls on the ideological spectrum. Senators voted 63-37 today to confirm Kagan, who is expected to be sworn in as early as Friday. View full legal post [...]

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Novel Fee Fight Lands at Calif. Appeals Court

by Attorney

One side calls a case going before a California appeals court this week an "ordinary fee dispute," while the other insists it raises issues about contingency agreements and arbitration no court has ever addressed. At the very least, the case involves millions of dollars in attorney fees and a novel agreement based not on the [...]

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Aiding and Abetting Charges in $22M Ponzi Scheme Reinstated Against Law Firm

by Attorney

A New York appeals court has reinstated aiding and abetting charges against a New Jersey law firm in a suit by investors over its alleged role in a $22 million Ponzi scheme. A lower court in 2008 granted Lum, Drasco & Positan's motion to dismiss the charges by investors who claimed the lawyers knew about [...]

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Chicago Approves Tough New Handgun Restrictions in Wake of Supreme Court Ruling

by Attorney

The Chicago City Council on Friday approved what city officials call the strictest handgun ordinance in the nation, but not before lashing out at the U.S. Supreme Court ruling they contend makes the city more dangerous. The new ordinance bans gun shops in Chicago and prohibits gun owners from stepping outside their homes, even onto [...]

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Lawyering Suits Pile Up at High Court

by Attorney

From client advice to attorney fees to ineffective assistance of counsel, the U.S. Supreme Court decided an unusually large number of cases last term involving how lawyers do their jobs. In total, the lawyering cases amounted to nearly 20 percent of the Court's decision docket. Professor Renee Knake of Michigan State University College of Law, [...]

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High Court All Over the Map in 'Bilski'

by Attorney

After more than 60 briefs on both sides and an eight-month vigil for the ruling among patent lawyers, the decision in Bilski v. Kappos issued Monday may have done little to end the debate over what kinds of innovations are or are not eligible for patents. The long-awaited decision was supposed to resolve the patent [...]

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Justices Extend Gun Owner Rights Nationwide

by Attorney

The Supreme Court held today that Americans have the right to own a gun for self-defense anywhere they live, advancing a recent trend by the Court to embrace gun rights. By a 5-4 vote, the justices cast doubt on handgun bans in the Chicago area, but signaled that some limitations on the Constitution's "right to [...]

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In 4 Key Rulings, Supreme Court Limits Fraud Statutes' Reach

by Attorney

In four high-impact decisions Thursday, the U.S. Supreme Court significantly limited the scope of federal laws used by prosecutors and plaintiffs in pursuing alleged corporate fraud. In the post-Enron case of Skilling v. U.S. and the related cases of media mogul Conrad Black and Alaska legislator Bruce Weyhrauch, the high court redefined the "honest services" [...]

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High Court Narrows 'Honest Services' Fraud Law

by Attorney

The U.S. Supreme Court, racing toward the finish line of the current term, handed down seven decisions this morning. Tops among them are the three "honest services" fraud cases -- including one involving former Enron CEO Jeffrey Skilling -- that resulted in a significant narrowing of the law to reach only bribery and kickback schemes. [...]

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Supreme Court Upholds Law Criminalizing 'Material Support' for Terrorist Groups

by Attorney

The U.S. Supreme Court upheld Monday the federal law criminalizing "material support" for designated terrorist groups, rejecting complaints that the law is so vague that it would stifle political speech by groups with peaceful intent. The 6-3 decision was a big victory for government prosecutors, who frequently use the statute as a weapon to neutralize [...]

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High Court Upholds Anti-Terror Law

by Attorney

In one of four decisions handed down today, the Supreme Court rejected a First Amendment challenge and ruled 6-3 in favor of a federal law making it a crime to knowingly provide "material support" to designated foreign terrorist organizations. Chief Justice John Roberts Jr. wrote for the majority that the law is not unconstitutionally vague, [...]

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Supreme Court Allows Search of Employee's City-Owned Pager

by Attorney

In its first ruling on the privacy of workplace texting, the U.S. Supreme Court said Thursday a city audit of an employee's messages on a city-owned pager was a reasonable search under the Fourth Amendment. The unanimous ruling sidestepped whether a police sergeant had a reasonable expectation of privacy in his text messages, some of [...]

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Supreme Court Delivers Rare Victory to Death Penalty Defendants

by Attorney

The U.S. Supreme Court on Monday sympathized with a Florida death row inmate whose lawyer missed a deadline for his habeas appeal and failed to communicate with him for years despite numerous written pleas for help. A rare procedural victory for defendants under the Antiterrorism and Effective Death Penalty Act of 1996, the decision won [...]

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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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