Legal Research

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FEES ALLOWED ON NOMINAL DAMAGES IF CLAIM IS SIGNIFICANT
"Civil-rights plaintiffs who win only de minimis damages are entitled to legal fees in an amount that factors in the importance of the legal issues involved and the accomplishment of a public goal, the Third U.S. Circuit Court of Appeals held on Wednesday. It also ruled that in setting fees, judges can take into account damages awarded on pendent state claims, so long as those claims share a "common core of facts" or 'related legal theories.' The court rejected the contention that no fee should be awarded because the jury found only nominal damages of $1 on the plaintiff?s Religious Freedom Restoration Act claim."

SUIT AGAINST SNAPPLE OVER 'NATURAL' CLAIM REVIVED
"Federal food labeling laws do not pre-empt a consumer-fraud suit that accuses a manufacturer of falsely claiming that a product is 'all natural,' a federal appeals court has ruled in reinstating a suit against the Snapple line of beverages. A unanimous three-judge panel of the Third U.S. Circuit Court of Appeals ruled Wednesday in Holk v. Snapple Beverage Corp. that a lower court erred in tossing the suit on the grounds that state-law consumer claims are pre-empted by the Food and Drug Administration?s labeling regulations. At issue are Snapple's claims that its drinks were "All Natural" even when they were sweetened with high-fructose corn syrup."

FORDHAM BANS REED SMITH FOR RECRUITMENT CANCELLATION
"Angry that Reed Smith canceled its on-campus recruiting at Fordham University School of Law, Dean William Treanor has barred the firm from interviewing on campus for five years. The firm informed Fordham of its decision after the school had issued its interview schedule to students. 'While disappointing, Reed Smith?s action is more disheartening because of the lack of professionalism it conveys,' Treanor said in a memo. 'The firm could have made its decision earlier.' He said the school expects its students to act professionally and potential employers to do the same."

DISMISSAL OF ALIEN TORT CLAIMS AGAINST COCA-COLA, BOTTLERS UPHELD
"In a sweeping review of the Alien Tort Statute, the 11th U.S. Circuit Court of Appeals upheld a Miami federal district court's dismissal of four cases claiming that Coca-Cola and its two Colombian bottling subsidiaries were liable for the murder and torture of trade unionists by Colombian paramilitary forces. The court said the complaints "fail to sufficiently plead factual allegations" to establish subject matter jurisdiction and state a valid claim. The complaints didn't accuse the defendants of direct responsibility, but sought compensation for alleged aiding and abetting of the paramilitary forces."

CALLING SOMEONE HOMOSEXUAL IS NOT DEFAMATION PER SE
"A statement that someone is a homosexual is not defamation per se in N.Y. state, a federal judge has ruled. Southern District of N.Y. Judge Denny Chin said in a ruling Wednesday that a 'veritable sea change in attitudes about homosexuality' led him to conclude that the N.Y. Court of Appeals would not hold that calling someone a homosexual was defamation per se. But the judge also said in Stern v. Cosby, 07 Civ. 8536, that statements asserting homosexual conduct might be found by a jury to be defamatory. The suit was brought by Howard K. Stern, the lawyer and former lover of tabloid sensation Anna Nicole Smith"

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