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Selections from National Law Journal Daily Headlines August 31, 2009

By David Badertscher, PLL

Source: NLJ.com, August 31, 2009.

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Massachusetts case may be key in gay marriage fight

"A case winding through the Massachusetts federal court could prove to be the case that makes the biggest national splash in the fight over gay marriage."

 

Have contract, can't furlough

"A pair of recent court rulings in Maryland and Hawaii are giving unions new and potentially potent ammunition against furloughs of public employees. "

 

Federal Circuit ponders how to write patents

"The rehearing of Ariad Pharmaceuticals Inc. v. Eli Lilly and Co. could reverse a written-description requirement for patents that the court itself imposed a dozen years ago."

 

Patton seeks manager

"Longtime Patton Boggs partner and chief operating officer Ira Fishman has left the firm to join former colleague DeMaurice Smith at the National Football League Players Association. Deputy managing partner Edward Newberry is currently the acting chief operating officer"

 

EEOC delivers lawsuit over UPS's medical leave policy

"The world's delivery giant, United Parcel Service, has been receiving some unwanted packages these days from the federal government: lawsuits. Late Thursday, UPS was sued in federal court in Chicago for allegedly denying sufficient medical leave to disabled employees."

 

Howrey can use 'ethical wall' over client's objections

"A Delaware federal judge has OKed Howrey's use of an "ethical wall" between the firm's U.S. lawyers opposing Wyeth in a U.S. patent case and its European attorneys working with the pharmaceutical company in an unrelated matter."

 

Microsoft fires back at judge in patent case

"Microsoft Corp. filed a 102-page brief last week with the U.S. Court of Appeals for the Federal Circuit seeking to overturn a $290 million patent infringement judgment entered earlier this month against the company by U.S. District Judge Leonard Davis."

 

Plaintiffs' firms unite on shareholder rights

"A rare joint letter to the SEC from a group of defense law firms over shareholder proxy access received an even rarer response from nine of the country's largest plaintiffs' law firms, including New York-based Labaton Sucharow and Bernstein Litowitz Berger & Grossmann. Their letter supported the SEC's proposal to allow shareholders to nominate directors, exactly what the defense firms argued against the week "

 

THE PRACTICE

D.C. Circuit says two-member NLRB lacks authority

"Given the conflict between the D.C. Circuit and three other circuits, particularly given the importance of the D.C. Circuit in enforcing board decisions, it is very possible that this issue ultimately will be decided by the U.S. Supreme Court".

 

OPINION

Official torture

"Looking only at the evidence that has become public so far, is there a viable theory of criminal liability arising out the torture of America's captives? This would be a routine criminal matter if the targets weren't former high government officials."

Full post as published by New York Supreme Court Criminal Term Library on August 31, 2009 (boomark / email).