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Selections from National Law Journal Daily Headlines August 21, 2009

By David Badertscher, PLL

Source: NLJ.com, August 21, 2009.

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Creditors object to fee requests in LandAmerica bankruptcy

"Creditors of bankrupt LandAmerica Financial Group Inc. filed more than two dozen objections to more than $3.1 million in fees requests from four law firms working on the case. The creditors objected to the law firms' reimbursement requests for work done between March and May."

 

Beachhead established, D.C. firm mounts California wage-and-hour offensive

"Since May, Washington's Sanford Wittels & Heisler has filed wage-and-hour class actions valued at between $50 million and $200 million against Costco Wholesale Corp., The Northwestern Mutual Life Insurance Co. and Valero Energy Corp. Now they've filed their fourth, this time against United Parcel Service Inc."

 

Rehnquist Papers: On singing Dixie, and minority law clerks

"In the summer of 1999, then-Chief Justice William Rehnquist was under fire for leading fellow attendees at a judicial conference in a sing-along that included the song 'Dixie.' African-American leaders said the song is offensive, with words that seem nostalgic for the era of slavery."

 

Rehnquist Papers: White House wanted publicity on Thomas oath-taking

"According to correspondence found in Thurgood Marshall's papers at the Library of Congress, swearing in justices became an issue in 1991 when the first Bush White House wanted to have Clarence Thomas sworn in there, and several justices tried to devise ways of keeping it at the Court. The same correspondence is in the Rehnquist papers just released at the Hoover Institution Archives, and it underscores the importance that several justices placed on the issue."

 

THE PRACTICE

 

The power of Rule 41

"Federal Rule of Civil Procedure 41 has an often-overlooked provision that can be an important tool for plaintiffs and defendants. Professor Vairo illustrates by discussing two cases ? an old one that she uses in her Civil Procedure course and one that she wrote about last year. They both involve different twists on the utility and impact of Rule 41 ("Dismissal of Actions") on the forum selection "

Full post as published by New York Supreme Court Criminal Term Library on August 21, 2009 (boomark / email).