Legal Research

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Plaintiffs Lawyers See Broad Impact of High Court's Decision on Detainees

The National Law Journal

Litigators and civil procedure experts say that Monday's Supreme Court ruling dismissing a complaint against former Attorney General John Ashcroft for post-Sept. 11 policies may make it significantly harder for plaintiffs in a broad range of cases to survive defendants' motions to dismiss. One attorney calls it "a sweeping decision with the potential to impact every plaintiff in a civil lawsuit," adding that it has the effect of "abandoning the liberal pleading rules which have prevailed for decades."

Federal Circuit Establishes Rule for 'Product-by-Process' Claims

The American Lawyer

The Federal Circuit, in a divided en banc decision Monday involving infringement claims about a generic drug product, established the standard for evaluating so-called patent-by-process claims, which involve patents that are at least partly defined by the process used to make a product. In a vigorous dissent, three judges chided the majority for "overturning a century of precedent and practice" and warned that the decision "is a change of law with unknown consequences for patent-based innovation."

U.S. Attorney Picks Are Under Way

The National Law Journal

President Barack Obama's announcement of his first wave of nominees for U.S. Attorney positions has touched off a closely guarded process freighted with symbolism and heightened sensitivities in the wake of the Bush administration firings scandal. U.S. Attorney nominations pose a potential hurdle for Obama, as he reconciles the nature of these plum political posts with his pledge of bipartisanship and Attorney General Eric Holder Jr.'s promise to rid the department of partisan meddling.

Chemical Companies Cleared in Calif. Groundwater Pollution Case

The Recorder

After five months of trial, a jury has cleared chemical companies of nearly all the claims brought by the city of Modesto, Calif., in the latest phase of a decade-old groundwater pollution case. The jury awarded Modesto about $18.3 million in damages to cover cleanup costs, but that amount could be nullified by settlements the city has already reached with other defendants. Since the suit was filed, defense attorneys brought in from around the U.S. succeeded in whittling down many of the claims against the companies.

Judge's Ex-Girlfriend Pleads Not Guilty to Burglary, Stalking

The National Law Journal

The ex-girlfriend of a Washington, D.C., Superior Court magistrate judge pleaded not guilty Tuesday to charges that include stalking the judge and breaking into her home. Prosecutors allege that Taylar Nuevelle stalked and harassed Magistrate Judge Janet Albert through, among other things, a barrage of e-mails and text messages after their relationship ended, and that Nuevelle broke into the judge's home and tried to commit suicide there. Nuevelle allegedly texted Albert, "Feeling powerful? All abusers do."

Mass. Judge Orders Criminal Discovery Training for U.S. Attorney's Office

The National Law Journal

Chief Judge Mark L. Wolf of the U.S. District Court for the District of Massachusetts has issued an order requiring the Boston U.S. Attorney's Office to hold a training program focused on discovery in criminal cases this fall. The order also gives the U.S. Attorney's Office for the District of Massachusetts until Nov. 20 to submit additional affidavits explaining why Wolf shouldn't issue sanctions against the office and Assistant U.S. Attorney Suzanne Sullivan for prosecutorial misconduct in a criminal case.

Two New Judges Appointed to FISA Court

The National Law Journal

Senior Judge Thomas Hogan of the District of Columbia and Judge Susan Webber Wright of the Eastern District of Arkansas have been selected for seven-year terms on the secretive 11-member Foreign Intelligence Surveillance Court, which oversees intelligence-gathering activities. Hogan handled the creation of a case management order for Guantanamo Bay habeas petitions, while Wright is perhaps best known for dismissing Paula Jones' sex harassment suit against Bill Clinton and for presiding over Whitewater-related legal issues.

Madoff Bankruptcy Trustee Sues Feeder Fund for $3.5 Billion

The American Lawyer

Baker & Hostetler's Irving Picard, the Chapter 7 trustee for Bernard Madoff's dissolving money management firm, has been busy firing salvos against feeder funds seeking to recoup money for out-of-pocket Madoff investors. On Monday, Picard targeted the largest of those funds, Fairfield Greenwich Group. He slapped the Stamford, Conn.-based investment firm with a civil suit seeking $3.54 billion in funds withdrawn before Madoff's arrest. They're not the only heavy-hitters Picard will battle in the months to come.

Religious, Medical Defenses Go Up in Smoke as Pot Farmer Sentenced to 10 Years in Prison

The Recorder

Federal Judge Marilyn Hall Patel has sentenced ganja guru Charles "Eddy" Lepp to a 10-year prison term, rebuffing the defense's try for a shorter term in the wake of the one-day sentence previously given to a medical marijuana activist. Patel refused to allow a religious or medical marijuana defense for Lepp, who had a corporate charter to run Eddy's Medicinal Gardens and Ministry of the Rastafari. Patel questioned Lepp's sincerity regarding his faith, saying he didn't display a depth of knowledge about Rastafarianism.

Dreier's Hampton Homes to Be Auctioned

New York Law Journal

Bidders interested in two luxury properties previously owned by disgraced attorney Marc S. Dreier may want to head to the Hamptons next month. Bankruptcy Judge Stuart M. Bernstein has set a June 17 auction date for properties in East Quogue, N.Y., that were seized by prosecutors following Dreier's arrest in December. A report by the receiver in Securities and Exchange Commission v. Dreier said selling the homes could generate $12.5 million or more.

Expert Skier Assumed Risk of Injury, N.Y. Court Finds in Barring Suit

New York Law Journal

The doctrine of primary assumption of risk bars a claim filed on behalf of a teenage skier who broke his tibia trying to slide along a rail at a winter sports complex, a New York appeals court has ruled. As a self-described expert with 13 years' experience, the plaintiff was aware of the risks of rail sliding and acknowledged falling before during a rail maneuver, the court ruled, rejecting the argument that the rail posed a hidden risk because its support bars were not covered or cushioned.

'Bored' Juror Goes Missing From Court

The Associated Press

An Oregon man who left jury duty after lunch because he was "extremely bored" was due back at the courthouse Tuesday to be arraigned on a charge of contempt of court. A police report says officers found 25-year-old Grant Faber near his home and asked why he skipped out. He said he was bored, and "just couldn't take it" anymore.

Jury Deliberations in the Digital Age

New York Law Journal

The online behavior of jurors has prompted challenges to the fairness of their verdicts. According to Ken Strutin, director of legal information services at the New York State Defenders Association, jurors' indiscriminate use of Web 2.0 tools may require new approaches to jury trials.

Visit Legal Technology

What You Need to Know About the Foreign Corrupt Practices Act

Special to Law.com

In this climate of increased enforcement, it is imperative that firms doing business in foreign markets, both currently and in the future, become familiar with the Foreign Corrupt Practices Act. Both the anti-bribery and books-and-records provisions present significant issues for any company doing business abroad. Attorneys Michael Crites and Greg Mathews provide four essential preventative measures individuals and businesses can use to protect themselves from possible violations of the FCPA.

Visit In-House Counsel

Use 'Pro Bono Networking' to Market Yourself Into a New Job

The Legal Intelligencer

In the current economy, it's crucial for attorneys and support staff to cultivate marketing skills. Legal marketing professionals Richard Alonso and Crystal Garcia suggest "pro bono networking," which means giving freely, without keeping score. If you get laid off, your network will give you the first crack at opportunities. And it's not too late to begin pro bono networking if you've already been laid off. The authors, who themselves have experienced recent layoffs, also provide other job-seeking tips.

Visit the Career Center

Small Firms Make Case for Why They're More Cost-Effective

Fulton County Daily Report

Growing dissatisfaction with the billable hour dominated a discussion last week between in-house counsel and lawyers from boutique firms, who used the issue to make their case that smaller firms are more efficient than big firms. At a Georgia meeting of the Association of Corporate Counsel, four small-firm panelists asserted that boutique firms are leaner, more stable and often debt-free. The panelists were all members of the Georgia chapter of the International Network of Boutique Law Firms.

Visit Small Firm Business

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