Do we even have a procedure for that? And does it matter that they were cleared of the charges? [Radley Balko]
Archive for March, 2010
Patents: “Senate Proposes to End False Marking Onslaught”
If the comprehensive patent reform amendment announced today is passed, qui tam plaintiffs who have been hunting for expired patent numbers to bring false marking suits will be out of luck. Only “competitive[ly] injure[d]” parties will be able to sue for false marking. The Senate bill, if enacted, would have sweeping retroactive effect even for still-pending but earlier-filed actions.
Judge orders website to yank “giraffe attack” story
A judge has ordered a satirical website to remove an article about a fictional attack by a giraffe at a Tangipahoa Parish, Louisiana wildlife center. The center had argued that the article was not clearly labeled as satire and had been taken for real by some readers. A lawyer for the center says his client is asking “to have the story permanently removed from the site and to prevent Hammond Action News from ever distributing it.” Having handed down a temporary restraining order, the judge will consider the permanent removal request March 15. [The Advocate; Hammond Action News]
P.S. Commentary on the story from Ken at Popehat, who links another local story reporting that president of wildlife park threatened college-student satirist with “criminal charges, FCC charges, fraud charges, an IRS complaint, a governor’s office complaint, and a federal lawsuit” (h/t commenter Doug).
Netflix sued for making subscribers wait for hot releases
The movies-by-mail service cut a deal with Warner Bros. in which it agreed to make subscribers wait 28 days before sending out a new DVD release from the studio. A customer now claims it’s an agreement in restraint of trade. [NY Daily News]
On “best attorney” sites
Robert Ambrogi at LawSites checks out one recent entry.
London borough of Islington sues itself
And then demands attorneys fees over unjustified litigation; the dispute was over a parking ticket issued to one of its own departments which it wrongly presumed to be legally independent. Another local council won a fine against itself which it then had to pay, according to British author Barrie Segal [Lowering the Bar, Times Online “Money Central”]
March 4 roundup
- “Toyota Recall: Scandal, Media Circus, and Stupid Drivers” [Dushane, Car & Driver via Prof. Bainbridge] Some parallels with Audi sudden-acceleration panic [Michael Fumento, who also questions recent numbers] More: Mike Allen, Popular Mechanics via Instapundit (“why widespread theories about electrical throttle problems and electromagnetic interference are misguided”); and Fumento on braking capacity.
- Overly hot sandwich caused $2 million worth of damages, he says, though it’s true he didn’t seek immediate medical attention [Lowering the Bar, earlier]
- Rick Esenberg on judicial recusal wars in Wisconsin and nationally [Point of Law first and second posts] In Circle of Greed, lawyer/felon Lerach flings recusal issue against late father of Carly Fiorina [Gerstein, Politico; our earlier Lerach coverage]
- And more: Notwithstanding earlier denials, Lerach did lobby President Clinton to veto securities litigation reform act [Gerstein, Politico]
- Claim by Connecticut AG and Senate candidate Richard Blumenthal: lawsuits he files “actually create jobs” [Wood, PoL]
- Setback for prolific patent litigant Bender [Zura via Joe Mullin, related]
- Following complaints by traditional video store competitors, prosecutor threatens criminal charges unless DVD rental kiosks remove R- and even PG-rated films [Indianapolis Star via Indiana Law Blog]
- Lawyers send clients to chiropractor, he sends clients to lawyers, circle of life continues [Louisville Courier-Journal via Legal Blog Watch]
Eugene Volokh on Reason.tv
Great interview with the prolific and influential UCLA law professor (and founder of the Volokh Conspiracy blog) in which he talks about the Bill of Rights, the “hostile environment” menace to free speech, why we should not necessarily expect judges to strike down bad laws, concealed carry and the gun control issue, and the nannyism potential in tort law (& welcome Erin Miller, SCOTUSBlog readers).
“Anyone with money can sue anyone [with] less money and put them out of business”
“It doesn’t matter whether you have a case or not.” Reflections on legal friction between competing websites that assist in bringing reporters together with sources [Alain Raynaud, FairSoftware, via Pete Warden]
More leads in Luzerne County, Pa. judicial scandal
Before the sensational revelations of corruption in juvenile justice sentencing, investigators had been tipped off about suspicious judicial handling of car-crash arbitrations and suits filed by attorneys in the Pennsylvania county. Those are rumored to be among the focus points of ongoing probes directed at attorneys as well as judges and those in other branches of government. [Legal Intelligencer]