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Legal Research

: New York Supreme Court Criminal Term Library

LAW.COM Newswire Highlights June 4, 2009

By David Badertscher, PLL

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If you are already an online subscriber to the LAW.COM service you should be able to click on any of the links below, sign in, and access the full text of all articles listed. A subscription to LAW.COM is needed for online access to this service.

IP Suit Against Marvell Semiconductor Dismissed for Lack of Standing

The Recorder

Jasmine Networks' epic trade secret case against Marvell Semiconductor, featuring a general counsel's accidental voice mail confession, was suddenly dismissed Wednesday, as Santa Clara Superior Court Judge Thomas Edwards ruled that Jasmine doesn't have standing to sue because the bankrupt company had sold off the trade secrets in question. Edwards wrote that the issue of standing appeared to be one of first impression.

2nd Circuit Judge Calabresi on Former Student and Current Colleague Sotomayor

The Connecticut Law Tribune

Former dean of Yale Law School Guido Calabresi has known Supreme Court nominee Sonia Sotomayor since she was a first-year law student in his torts class and has served with her on the 2nd Circuit for 12 years. Calabresi talked to The Connecticut Law Tribune about Sotomayor's character and abilities, her manner on the bench and the controversial reverse discrimination case likely to be featured in her confirmation hearings. He also reveals what he wrote on her final exam in that torts class.

PTO Rejects Rambus Patent Claims at Issue in ITC Dispute With Nvidia

The National Law Journal

Litigious chip designer Rambus has suffered a major setback with the U.S. Patent and Trademark Office's rejection of all 41 claims in seven of nine Rambus patents at issue in its International Trade Commission patent fight against Nvidia. Rambus, which relies on patent licensing for the bulk of its revenue, is known for a long-running antitrust fight with the Federal Trade Commission. Last year, a three-judge panel of the D.C. Circuit reversed the FTC's antitrust ruling against Rambus.

Dickinson Wright Hit With $33 Million Malpractice Claim Over Lacrosse Stick Patent

The National Law Journal

A Detroit firm has been walloped with a $33 million legal malpractice suit over a lacrosse stick patent. Sports equipment maker Warrior Sports alleges that Dickinson Wright is liable for the actions of two patent attorneys who let the stick's patent lapse after failing to pay a maintenance fee on time. Consequently, the suit claims, competitors entered the market with similar lacrosse sticks. The suit also claims the lapse forced Warrior to reach an unfavorable settlement in an infringement suit against a competitor.

Mercury-Tainted Vanilla Beans Prompt Client's Suit Against Day Pitney

The American Lawyer

A longtime client has sued Day Pitney and partner Robert Rose in a case involving an international insurance company, a vanilla importer and thousands of pounds of mercury-contaminated vanilla beans. International Flavors & Fragrances, a New Jersey-based producer of tastes and smells used by household products and food and beverage makers, is claiming negligence and professional malpractice, breach of fiduciary duty and unjust enrichment. The company seeks compensatory damages, interest and attorney fees.

House Panel Holds Hearing on Federal Judge's Crimes

The Associated Press

Two women who accused U.S. District Judge Samuel Kent of sexually assaulting them detailed the attacks and their fear of him Wednesday before a congressional panel considering impeaching the judge. The first sitting federal judge to face sex abuse charges, Kent wrote the panel members, asking them to consider his years of service to the country and saying that being removed from office would render him penniless and without the insurance he needs for treatment of diabetes and mental health problems.

Warrantless Wiretapping Cases Dismissed Against Telecom Companies

The Recorder

A federal judge Wednesday dismissed cases brought by customers against telecom companies, ruling that plaintiffs could not overcome a law passed last year that gave retroactive immunity to companies that allegedly assisted the government with illegal domestic surveillance. The judge also halted five states' efforts to investigate the companies. But at a later hearing, the judge gave a defunct Islamic charity the go-ahead to file a motion for summary judgment that will address whether it was subject to warrantless surveillance.

Penny-Popping N.J. Judge Disciplined for DWI

New Jersey Law Journal

The New Jersey Supreme Court on Tuesday disciplined two municipal judges convicted of drunken driving, issuing a reprimand to Robert Jones and a censure to Peter Tourison. The latter judge's sanction was heavier because, in addition to the DWI charge, Tourison caused property damage and interfered with the police investigative process by applying ChapStick to his lips and putting a penny in his mouth, which could have altered the blood-alcohol test results.

E-Trade Wins Breach-of-Contract Case Against Deutsche Bank

The American Lawyer

Last October, a Manhattan federal district court judge issued an opinion allowing the video recording of a breach-of-contract bench trial pitting E-Trade against Deutsche Bank. The decision was made over objections by Deutsche Bank's attorneys at Skadden, who now have another reason to oppose a public airing of the trial: They lost. This week the judge ruled for E-Trade on all of its breach-of-contract claims and awarded it approximately $18 million in damages, plus costs and attorney fees.

Expedia Ordered to Pay $185 Million in Consumer Class Action

The National Law Journal

A judge in Washington state has ordered Expedia to pay more than $184 million for breaching its contract with hotel customers by charging service fees that generated profits for the online travel booking firm. A plaintiffs lawyer in the case called the judgment the largest ever in Washington for a consumer class action. The case goes to trial in July on a separate claim that Expedia deceived consumers by illegally bundling its service fees and taxes.

2nd Circuit to Hear Appeal of Sale of Chrysler Assets to Fiat

The Associated Press

A federal appeals court has halted Chrysler's sale of the bulk of its assets to Italy's Fiat pending an appeal by a trio of Indiana state pension and construction funds. The 2nd Circuit said Tuesday it will hear arguments in the case Friday, according to the Indiana treasurer's office. The funds claimed that the deal, as structured, unfairly favors the company's unsecured stakeholders over secured debtholders.

N.Y. City Attorney Arrested for Mortgage Fraud, Forgery

New York Law Journal

An attorney with the New York City Law Department who had a gambling problem was arrested Tuesday for mortgage fraud that involved inventing a lawsuit and forging the signature of a bankruptcy judge. Hugh Zuber, an assistant corporation counsel who works in the special federal litigation division, allegedly used the Corporation Counsel's office for a meeting with one of his victims in one of two schemes to defraud property sellers of hundreds of thousands of dollars.

Tobacco Litigator's Widow Wins Partial Victory

Daily Business Review

An appellate court has handed a partial victory to the widow of prominent Florida litigator Robert Montgomery in a dispute with her late husband's former law partner, reversing a trial court order that would have required Montgomery's estate to pay more than $100,000. Montgomery and Christopher Larmoyeux had a contentious breakup in 2000 after Montgomery won $200 million in fees in a pioneering product liability case against the tobacco industry that resulted in a settlement between the companies and the state of Florida.

Is It Time to Get on the Legal OnRamp?

Legal Tech Newsletter

Whatever your stance toward social networking, services like invitation-only Legal OnRamp are offering viable avenues for client communication. According to consultant Brett Burney, if you can get motivated to participate in the community, the results can be profitable and rewarding.

Visit Legal Technology

Shopping Around for International Patent Protection

Corporate Counsel

Filing a patent application in the United States starts the process for protecting an invention in the U.S. But it does nothing to protect it overseas. Patent applications must generally be filed on a country-by-country basis to secure foreign patent protection, but filing applications in all of the world's patent offices would cost close to $500,000. Foreign filing decisions can therefore have a big impact on a company's legal budget. As in-house counsel, how should you advise corporate decision makers?

Visit In-House Counsel

Get Ready for the Summer of Seriousness

Fulton County Daily Report

The theme song of the 2008 Big Law Summer Program (and all those glittering summers that preceded it) may have been "Celebration." As in, "Celebrate good times ... Come on!" But in case you hadn't noticed that the tune in your head's been sounding a little different, let The Snark be the first to tell you that Kool & the Gang has exited the stage, to be replaced by Green Day and a new summer anthem: "Boulevard of Broken Dreams." The Snark also details other changes to expect during Big Law Summer Camp 2009.

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Full post as published by New York Supreme Court Criminal Term Library on June 04, 2009 (boomark / email).

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