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Newly Released Documents Show Rehnquist's Private Side
Headline Legal News |
2009/08/24 20:55
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The National Law Journal reports that in the dark days after he announced that he was suffering from thyroid cancer in late October 2004, Chief Justice William Rehnquist's in-box filled up with anxious notes from his colleagues.
"Top priority at Court," wrote Justice Ruth Bader Ginsburg, is "to have our Chief back with us, steadily on course toward a cancer-free future."
Justice David Souter reported to the chief that, after an overly long discussion among the justices of a minor case in Rehnquist's absence, "I could hear Tony [Kennedy] muttering under his breath, 'Five minutes on [the case]. The chief better get back here fast.'" Souter added, "That's certainly the sense of the Court as we all pull for you in your ordeal."
From Justice Stephen Breyer also came a handwritten note: "You are missing nothing here! The cases are routine; our lunchtime discussions need your input -- particularly on recent films." Breyer did joke that Rehnquist had missed a chance to win some money from him in the justices' apparently low-stakes wagering over the presidential election. "I paid $1 to CT [Clarence Thomas]," Breyer said. It's a safe bet that Breyer had put his money on John Kerry and Thomas on George W.Bush. |
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Asbestos Tests Must Continue
Headline Legal News |
2009/08/19 16:13
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Courthouse News reports that air tests for asbestos-like fibers must continue at a Minnesota mining plant because a 1975 order to do so has been folded into the state's environmental laws, the 8th Circuit ruled.
Northshore Mining Co., a taconite processing facility in Silver Bay, Minn., has tried for several years to get fiber tests removed from state permits.
But the St. Louis-based 8th Circuit agreed with a district court that the 34-year-old law is moot because it "has been effectively incorporated into state administrative law." |
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Bogus 'Emergency' In Forest, Groups Say
Headline Legal News |
2009/08/17 16:23
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Courthouse News reports that the US Forest Service declared a bogus "emergency situation" to push through a salvage timber sale in Northern California's Klamath National Forest, three environmental groups say in Federal Court. The Forest Service can declare an emergency when a project threatens imminent economic loss to the government, but the only ones who will lose if this project doesn't proceed is a private, third-party timber auction bidder, the groups say.
Under the National Environmental Policy Act, instead of the inaccurate and incomplete environmental analysis the Forest Service prepared, it needs to complete a more comprehensive environmental impact statement that also considers cumulative impacts and a full range of alternatives, the groups say.
Joining the Klamath-Siskiyou Wildlands Center as plaintiffs are the Environmental Protection Information Center and the Klamath Forest Alliance.
Represented by René Voss of San Anselmo, the groups seek withdrawal of the faulty environmental assessment, want the "emergency situation" to be set aside, and injunctive relief. |
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Texas Judge Orders Microsoft To Stop Selling Word In The US
Headline Legal News |
2009/08/13 16:39
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Courthouse News reports a federal judge in Texas fined Microsoft $290 million and ordered it to stop selling Word in the United States, because the word-processing software violates a patent held by a small company called i4i. Toronto-based i4i, which has about 30 employees, said Microsoft violated a patent tied to Extensible Markup Language or XML, a special alphabet that allows computers to interpret text.
The Canadian company filed a patent for a "customized XML" tool in 1998.
Because Word 2003 and Word 2007 have the ability to process XML documents with custom XML elements, i4i accused Microsoft of patent infringement. Microsoft insisted the patent was invalid.
In May, a jury ruled for i4i and awarded it $200 million in damages.
Microsoft moved for judgment despite the verdict, but US District Judge Leonard Davis in Tyler, Texas, sided with i4i, saying Microsoft knowingly infringed on the smaller company's patent. |
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Top Madoff Aid Pleads Guilty
Headline Legal News |
2009/08/12 18:57
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According to the New York Law Journal, Bernard L. Madoff's right-hand man pleaded guilty Tuesday and is cooperating in the government's investigation into the largest Ponzi scheme in history.
Frank DiPascali Jr. waived indictment and entered guilty pleas to 10 counts in a criminal information before Southern District of New York Judge Richard J. Sullivan. DiPascali admitted he was part of a scheme that cost institutions, individual investors and charities billions of dollars.
In spite of his cooperation with the government and over the objections of both his defense counsel and the prosecution, Sullivan ordered DiPascali to jail immediately.
DiPascali, who began working for Madoff in 1975 and who was described as the company's chief financial officer, said the conspiracy dated back to the early 1980s and that he followed Madoff's lead from the outset. |
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Suspended Boston Cop Sues City
Headline Legal News |
2009/08/06 16:22
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Courthouse News reports that a Boston police officer who called Harvard Professor Henry Louis Gates Jr. a "banana-eating jungle monkey" in an email he sent to a Boston Globe columnist says the city and its police commissioner violated his rights by suspending him. Justin Barrett sued the city in Federal Court.
Barrett claims he was "off duty from the Boston Police Department, at a private home and using a privately owned computer" when he sent the email.
Police Commissioner Edward Davis suspended Barrett with pay and sent officers to Barrett's home to confiscate his badge and gun.
Barrett says the mayor and police commissioner caused him pain and suffering, mental anguish, emotional distress, post-traumatic stress, sleeplessness, indignities and embarrassment, degradation, injury to reputation, and restrictions on personal freedom.
He wants them enjoined from decreasing, terminating, or withholding any wages or benefits for the duration of the litigation. He also seeks attorney's fees and punitive damages. |
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11-Word Press Snippets Might Violate Copyright
Headline Legal News |
2009/07/30 16:17
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According to Courthouse News, a Danish press-clipping company could be violating copyright by printing out 11-word snippets of news articles, the European Court of Justice ruled.
The Luxembourg-based court remanded the issue to Denmark for a determination on whether the snippets comprise intellectual property.
Media monitoring services company Infopaq International challenged the Danske Dagblades Forening, an association of Danish daily newspapers, over a requirement for permission to distribute 11-word extracts of news stories.
Legal framework for the permission requirement includes the 1979 Berne Convention, the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights as administered by the World Trade Organization, and European directives from 1996 and 2001 meant to govern electronic information and protect "European cultural creativity."
Infopaq argued that its process of scanning news articles, converting the data to text and emailing its customers summaries containing the five words before and after a keyword comprise fleeting use that's exempt from the permission requirements. Infopaq also prints out cover sheets with the text snippets.
The Court of Justice said it is up to the national court to determine whether the snippets comprise intellectual property. |
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