Saturday, February 4, 2012



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Suits Over Foreclosure 'Robo-Signing' Are Piling Up

by Attorney

The expected litigation frenzy against mortgage lenders that used "robo-signing" tactics — mass signing and approval of foreclosure documents without verification — has launched, with class actions in Florida and Maine and a lawsuit by Ohio's attorney general filed this month, all against GMAC Mortgage. View full legal post on Law.com - Newswire Tags: Over, [...]

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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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E-Mail Fight Ensues in Lawsuit Over Slain Lawyer's Death

by Attorney

Arent Fox has been pulled into a $20 million wrongful death suit filed by the wife of a Washington lawyer who was found stabbed to death in the home of one of the firm's former partners. Lawyers for Katherine Wone have asked a D.C. judge to enforce a subpoena for e-mail and other documents that [...]

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Botox Maker to Pay $600 Million in Settlement Over Off-Label Uses

by Attorney

Allergan has agreed to pay $600 million in criminal and civil penalties and plead guilty to one misdemeanor count of "misbranding" its drug Botox as part of a global settlement with the federal government over off-label uses of the drug. As part of the plea deal, Allergan agreed to drop its First Amendment legal action [...]

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Federal Judge Sanctions Tech Company Over Handling of E-Discovery

by Attorney

A judge has sanctioned a leader in flash drive technology for mishandling e-discovery in what the judge called a "David and Goliath-like" struggle. The judge ruled he would instruct the jury to draw a negative inference from the fact that SanDisk, which has a market capitalization of $8.7 billion, had lost hard drives from laptops [...]

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Pepper Hamilton Sues FDIC Over Legal Fees

by Attorney

Pepper Hamilton has sued the FDIC after it classified as unsecured Pepper Hamilton's claims for fees involving work done for the FDIC and a division of bankrupt Advanta Corp. The law firm also raised claims of quantum meruit, unjust enrichment, common fund doctrine and a declaration that the FDIC's disallowance is void. The attorney representing [...]

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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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$55 Million Suit Against Paul Hastings Over Acquisition Loan Goes Forward

by Attorney

A $55 million lawsuit by a unit of Cerberus Capital Management L.P. can proceed against Paul Hastings over allegations the firm gave faulty advice on a loan made in connection with a private equity firm's 2008 acquisition of bankrupt retailer Steve & Barry's. A New York judge said the law firm had not shown it [...]

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Baker & McKenzie to Pay $6 Million in Settlement Over Coudert Business

by Attorney

Baker & McKenzie has agreed to pay $6.65 million to compensate Coudert Brothers' bankruptcy estate for profits Baker earned from unfinished business that partners took with them when they left the defunct Coudert. Baker will forfeit most of its interest in an estimated $17 million in contingency fees for litigation that former Coudert partners were [...]

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Gulf Coast Residents File Personal Injury Suit Over Oil Dispersant

by Attorney

The first personal injury lawsuit involving the chemical dispersant Corexit 9500 has surfaced in Alabama federal court, where two Gulf Coast residents and property owners claim BP has dumped millions of gallons of toxic chemicals into the Gulf of Mexico to disperse and sink crude oil. The plaintiffs allege one method of applying Corexit 9500 [...]

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Law Faculty Upset Over ABA's Proposed Tenure Shift

by Attorney

The fight over law school tenure has been bubbling under the surface for years, and now the committee reviewing the American Bar Association's accreditation standards has floated a proposal that would eliminate the term "tenure" from ABA standards covering job security and academic freedom. Organizations that represent law professors and clinical faculty have lined up [...]

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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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No Criminal Charges Over U.S. Attorney Firings, Says Justice Department

by Attorney

The special prosecutor tapped to investigate potential criminal violations tied to the removal of nine U.S. Attorneys has wrapped up the probe with a finding that no criminal charges be filed, the Justice Department has announced. The investigation found that the evidence "did not demonstrate any prosecutable criminal offense" was committed with regard to the [...]

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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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Paxil Litigation Over Birth Defects Shifts to Settlement

by Attorney

GlaxoSmithKline has agreed to settle for confidential amounts almost 200 cases in which plaintiffs allege that the use of the antidepressant Paxil caused birth defects. One particular case that GSK has agreed to settle -- Kilker v. SmithKline Beecham Corp. d/b/a GlaxoSmithKline -- was viewed by the plaintiffs mass torts bar as a leading indicator [...]

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Law Firms Sanctioned Over Billionaire Perelman's 'Frivolous' Estate Claim

by Attorney

A judge has sanctioned Paul Weiss and Lowenstein Sandler for pursuing a "frivolous" and "ridiculous" legal claim on behalf of billionaire Ronald Perelman against his former father-in-law. The judge also criticized Paul Weiss and former litigation head Martin Flumenbaum for bare-knuckled tactics, which "at times crossed the boundary of appropriate litigation tactics." The judge called [...]

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Senator Turns Up the Heat Over Attorney Fees in Cobell Settlement

by Attorney

The U.S. Senate is poised to vote soon on a jobs-and-tax package that would also authorize a settlement in long-running litigation over American Indian trust accounts. Still to be decided: what the cap will be for attorney fees in that case. Lawyers in the case agreed to cap fees at $100 million, but Sen. John [...]

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NFL Players in Scrimmage With League Over Billion-Dollar TV Contracts

by Attorney

A complaint filed by the National Football League Players Association is challenging the league's billion-dollar television contracts. On Wednesday, the NFLPA released a statement announcing it had filed a complaint before NFL special master Stephen Burbank in Philadephia challenging the structure of the NFL's television contracts with CBS, FOX, NBC, ESPN and DirecTV. The complaint [...]

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Suit Filed Over Health Care Reform Limits on Physician-Owned Hospitals

by Attorney

A suit filed Thursday in Texas federal court challenges provisions in the new health care reform law that place new restrictions on physician-owned hospitals. The suit may be the only one by a physician-owned hospital or other group challenging those provisions, says Lindsey Birdsong, attorney for plaintiffs Physician Hospitals of America and Texas Spine and [...]

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Kagan's Credentials Draw Praise, Scorn as Battle Lines Form Over Nomination

by Attorney

Battle lines formed quickly Monday after President Barack Obama announced that he was nominating Solicitor General Elena Kagan to replace retiring Justice John Paul Stevens on the U.S. Supreme Court. Democrats praised Kagan, the former dean of Harvard Law School, as a highly qualified candidate who deserved quick confirmation, but Republicans questioned her lack of [...]

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