Lawsuits / Litigation
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Date Fairness.com Resource Read it at: Jan 26, 2013 Lawyers for Catholic hospital argue that a fetus is not a person
QUOTE: Life begins at conception, according to the Catholic Church, but in a wrongful death suit in Colorado, a Catholic health care company has argued just the opposite.
CNN (Cable News Network) Sep 17, 2012 Patent Trolls Causing Serious Problems For Startups
QUOTE: although large companies tend to dominate patent headlines, most unique defendants to troll suits are small....To the extent patent demands tax innovation, then, they appear to do so regressively, with small companies targeted more as unique defendants , and paying more in time, money and operational impact, relative to their size, than large firms.
Techdirt May 02, 2012 Furious judge decries "blizzard" of copyright troll lawsuits
QUOTE: Courts around the country are being flooded with mass copyright lawsuits. In a typical case, the owner of a pornographic film sues dozens of anonymous defendants in a single lawsuit, obtains their contact information, and then tries to extort a four-figure settlement from each defendant before the case reaches the courtroom.
Ars Technica Mar 20, 2012 Generic Drugs Proving Resistant to Damage Suits
QUOTE: Across the country, dozens of lawsuits against generic pharmaceutical companies are being dismissed because of a Supreme Court decision last year that said the companies did not have control over what their labels said and therefore could not be sued for failing to alert patients about the risks of taking their drugs. Now, what once seemed like a trivial detail — whether to take a generic or brand-name drug — has become the deciding factor in whether a patient can seek legal recourse from a drug company.
New York Times Mar 15, 2012 Virginia Tech to review negligence verdict in 2007 shooting rampage
QUOTE: Virginia Tech plans to consider all its options after it reviews a jury verdict that found it was negligent in a 2007 shooting rampage that left 33 people dead, including the gunman....Virginia Tech failed to notify students early enough following the discovery of two shooting victims at West Ambler Johnston dormitory.
CNN (Cable News Network) Mar 13, 2012 Rage grows over mortgage deal
QUOTE: As more details emerge about the massive $26 billion foreclosure settlement between the five biggest mortgage lenders and the states' attorneys general, a growing number of borrowers are realizing that the deal will do little, if anything, to help them out.
CNN (Cable News Network) Mar 09, 2012 The Web Is Awash in Reviews, but Not for Doctors. Here’s Why.
QUOTE: RateMDs now has reviews of more than 1,370,000 doctors in the United States and Canada. But getting in the faces of the previously untouchable professional class has inevitably led to legal threats. He says he gets about one each week over negative reviews and receives subpoenas every month or two for information that can help identify reviewers, who believe they are posting anonymously.
New York Times Feb 21, 2012 Justices Take Up Race as a Factor in College Entry
QUOTE: In a 2003 decision that the majority said it expected would last for 25 years, the Supreme Court allowed public colleges and universities to take account of race in admission decisions...By agreeing to hear a major case involving race-conscious admissions at the University of Texas, the court thrust affirmative action back into the public and political discourse after years in which it had mostly faded from view.
New York Times Feb 09, 2012 Texas Jury Strikes Down Patent Troll’s Claim to Own the Interactive Web
QUOTE: The chief issue in the case was whether the first computer program that allowed access to an “interactive web” was created by the little-known Chicago biologist Doyle, who runs Eolas out of Chicago. Or was it one of the web pioneers put on the stand by the defendant companies — such as Pei-Yuan Wei and his Viola browser, or Dave Raggett and his embed tag?
Wired Dec 25, 2011 A Dispute Over Who Owns a Twitter Account Goes to Court
QUOTE: Can a company cash in on, and claim ownership of, an employee’s social media account, and if so, what does that mean for workers who are increasingly posting to Twitter, Facebook and Google Plus during work hours? A lawsuit filed in July could provide some answers.
New York Times Sep 02, 2011 Federal Regulators Sue Big Banks Over Mortgages
QUOTE: A bruising legal fight pitting the country’s most powerful banks against the full force of the United States government began Friday, as federal regulators filed suits against 17 financial institutions that sold the mortgage giants Fannie Mae and Freddie Mac nearly $200 billion in mortgage-backed securities that later soured.
New York Times Sep 01, 2011 Age bias in IT: Should you sue? Age discrimination lawsuits aren't easy to endure, but they can be won. Here's what you need to know.
QUOTE: Age discrimination complaints are on the rise....A 2009 U.S. Supreme Court decision, Gross v. FBL Financial Services, raised the bar for age discrimination cases, saying that plaintiffs, and not the companies being sued, bear the burden of proving a dismissal or reassignment of duties was due to age and not some other factor.
Computerworld Jul 15, 2011 App developers withdraw from US as patent fears reach 'tipping point'
QUOTE: App developers are withdrawing their products for sale from the US versions of Apple's App Store and Google's Android Market for fear of being sued by companies which own software patents - just as a Mumbai-based company has made a wide-ranging claim against Microsoft, Apple, Google, Yahoo and a number of other companies over Twitter-style feeds, for which it claims it has applied for a patent.
Guardian Unlimited Jun 23, 2011 High Court sides with generic drug makers in narrow ruling
QUOTE: The justices in a 5-4 ruling said generic drug companies do not share the same level of responsibility as makers of brand-name equivalents, to update their warning labels when significant new risks emerge.
CNN (Cable News Network) Jun 14, 2011 Banks Turn to Schumer on Patents
QUOTE: After years of fighting Mr. Ballard at the federal Patent Office, in court and across a negotiating table, the banks went to see one of their best friends in Congress, Senator Charles E. Schumer of New York, who inserted into a patent overhaul bill a provision that appears largely aimed at helping banks rid themselves of the Ballard problem.
New York Times Apr 27, 2011 A.I.G. to Sue 2 Firms to Recover Some Losses
QUOTE: A.I.G. is preparing several suits against banks, like Bank of America and Goldman Sachs, that created the $40 billion in mortgage bonds… The company says it believes the banks issued misleading statements about the quality of the mortgages within those bonds.
New York Times Apr 19, 2011 'Happy Days' actors claim fraud, money owed for merchandising
QUOTE: "There's a huge juxtaposition for 'Happy Days' to represent the coldness of big business, the wrongdoing of big business and the greed of big business," Williams said. "And the idea that they don't have to abide by contracts, and they can get away with anything as long as they are not caught. And they picked the wrong show."
CNN (Cable News Network) Feb 10, 2011 Ex-C.I.A. Agent Goes Public With Story of Mistreatment on the Job
QUOTE: He contends that the events broke up his marriage and destroyed his career, and that C.I.A. officials abused the State Secrets Privilege doctrine in an effort to cover up their own negligence.
New York Times Feb 01, 2011 Dakota Co-op Board Is Accused of Bias
QUOTE: The former board president, Alphonse Fletcher Jr., a prominent black Wall Street investor, has sued the Dakota, accusing the building and several of its board members of racial discrimination and defamation.
New York Times Jan 16, 2011 Lawsuit Loans Add New Risk for the Injured
QUOTE: The business of lending to plaintiffs arose over the last decade, part of a trend in which banks, hedge funds and private investors are putting money into other people’s lawsuits. But the industry, which now lends plaintiffs more than $100 million a year, remains unregulated in most states, free to ignore laws that protect people who borrow from most other kinds of lenders.
New York Times Oct 27, 2010 Homeowners Facing Foreclosure Demand Recourse
QUOTE: As lenders have reviewed tens of thousands of mortgages for errors in recent weeks, more and more homeowners are stepping forward to say that they were victims of bank mistakes — and in many cases, demanding legal recourse.
New York Times Oct 26, 2010 Judge Tells LimeWire, the File-Trading Service, to Disable Its Software
QUOTE: injunction on Tuesday that will essentially shut down LimeWire, the big music file-sharing service that has been mired in a four-year legal struggle with the music industry. The case has already resulted in the company and its founder being found liable for potentially hundreds of millions of dollars in damages.
New York Times Jun 27, 2010 Online Bullies Pull Schools Into the Fray
QUOTE: Affronted by cyberspace’s escalation of adolescent viciousness, many parents are looking to schools for justice, protection, even revenge. But many educators feel unprepared or unwilling to be prosecutors and judges.
New York Times Jun 09, 2010 Las Vegas Review-Journal bares its claws: The newspaper has filed lawsuits against more than 30 websites and blogs it says used its works without permission. So what is fair use? (On the Media)
QUOTE: Newspaper people believe their cash-starved profession might be saved if only they could corral and get paid for all the content they create. Internet people believe the Web is a giant free-form party that boundaries and rules just might kill.
Los Angeles Times Jun 03, 2010 Report Warned Wal-Mart of Risks Before Bias Suit
QUOTE: More than six years before the biggest sex discrimination lawsuit in history was filed against Wal-Mart Stores, the company hired a prominent law firm to examine its vulnerability to just such a suit....found widespread gender disparities in pay and promotion at Wal-Mart and Sam’s Club stores and urged the company to take basic steps — like posting every job opening and creating specific goals to promote women and minorities — to avoid liability.
New York Times Jun 02, 2010 The RIAA? Amateurs. Here's how you sue 14,000+ P2P users
QUOTE: why have P2P lawsuits against individuals spiked dramatically in 2010? It's all thanks to the US Copyright Group, a set of lawyers who have turned P2P prosecution into revenue generation in order to "SAVE CINEMA."
Ars Technica Mar 19, 2010 A Supersized Custody Battle Over Marvel Superheroes
QUOTE: conflict between intellectual property lawyers and media companies that, in Mr. Toberoff’s view, have made themselves vulnerable by building franchises atop old creations. So-called branded entertainment — anything based on superheroes, comic strips, TV cartoons or classic toys — may be easier to sell to audiences, but the intellectual property may also ultimately belong in full or in part to others.
New York Times Mar 02, 2010 Apple-HTC Suit Cites Multitouch, Gesture Patent
QUOTE: ...Apple announced that it had filed suit in the U.S. District Court in Delaware against HTC, alleging twenty instances of patent infringement....HTC has developed numerous touchscreen and other phones to rival the Apple iPhone. Of late, most have used the Android operating system...
PC Magazine Oct 02, 2009 Botox Maker’s Suit Cites Free Speech
QUOTE: In an attack on the regulation of drug marketing, the makers of the antiwrinkle shot Botox have filed a free-speech lawsuit against the federal government.
New York Times Sep 04, 2009 Privacy Group Asks to Join Google Book Lawsuit As Deadline Approaches (Epicenter)
Wired Sep 03, 2009 After Its Madoff Report, Can Victims Sue the SEC?
QUOTE: Howard Elisofan, a partner at Herrick, Feinstein LLP and a former SEC enforcement attorney, launched a legal action against the SEC on behalf of a victim, Phyllis Molchatsky, last December.
Time Magazine Sep 02, 2009 High Stakes for Merck in Litigation on Fosamax
QUOTE: Drug executives, product liability lawyers and Wall Street analysts are closely watching a jury trial in New York over medical problems associated with Fosamax, a drug from Merck... It is the first of about 900 state and federal cases pending against Merck in which plaintiffs claim that taking Fosamax caused them to develop a rare problem called osteonecrosis of the jaw.
New York Times Aug 21, 2009 EEOC Sues AT& T, Citing Age Discrimination
QUOTE: The U.S. Equal Employment Opportunity Commission filed a lawsuit against AT&T on Thursday alleging that the telecommunications giant is discriminating against older workers.
Washington Post Aug 19, 2009 A Lawsuit Tries to Get at Hackers Through the Banks They Attack
QUOTE: A lawsuit filed on Wednesday against some of the most shadowy Internet criminals... is being used to pry information from a group that is nearly as reclusive as the hackers: banks whose computers have been compromised.
New York Times Aug 18, 2009 Obama lawyers offer reluctant defense of gay marriage ban
QUOTE: "This administration does not support DOMA [law banning federal recognition of same-sex marriage] as a matter of policy, believes that it is discriminatory and supports its repeal," Assistant Atty. Gen. Tony West wrote... "Consistent with the rule of law, however, the Department of Justice has long followed the practice of defending federal statutes as long as reasonable arguments can be made in support of their constitutionality."
Los Angeles Times Aug 11, 2009 U.K.'s Jewish-School Ruling: Who Decides Who Is a Jew?
QUOTE: Faith schools across Britain are holding their breath and waiting to see if they will need to change their admissions procedures after Europe's largest Jewish school was last week given the right to appeal a court decision saying its entry policy was racist.
Time Magazine Aug 05, 2009 L.A. lawyer accused of fraud in pesticide litigation (Column One)
QUOTE: Here[Nicaragua], [the chemical] DBCP is more than a pesticide. It is a political movement. The forces of poverty and corruption cloud the most basic facts surrounding the claims. The truth that can be established is one that [Judge Victoria] Chaney alluded to in her ruling: If Nicaraguans truly were injured by DBCP a generation ago, what has happened since makes identifying the victims nearly impossible.
Los Angeles Times Aug 03, 2009 Obama Administration Weighs in on State Secrets, Raising Concern on the Left (Sidebar)
QUOTE: A Supreme Court filing from the Obama administration last month has set off alarm bells on the left. The filing was a friend-of-the-court brief, and it mostly dealt with an excruciatingly technical question about the attorney-client privilege.But its last five pages were about the state secrets privilege, which was not at issue in the case.
New York Times Jul 28, 2009 Landlord sues tenant after tweet about moldy apartment
QUOTE: a property management company in Chicago has filed a lawsuit against a tenant who tweeted an off-the-cuff comment about the company.
Ars Technica Jul 27, 2009 'Multiple' failures led to Iraq electrocution, Pentagon says
QUOTE: Nine of 18 electrocution deaths reported in Iraq were caused by "improper grounding or faulty equipment," including the January 2008 death of Staff Sgt. Ryan Maseth, the Defense Department's inspector-general found.
CNN (Cable News Network) Jul 22, 2009 White House declines to disclose visits by health industry executives
QUOTE: Invoking an argument used by President George W. Bush, the Obama administration has turned down a request from a watchdog group for a list of health industry executives who have visited the White House...
Los Angeles Times Jul 22, 2009 Blackwater Seeks Gag Order
QUOTE: On July 20, the company's [Blackwater] high-powered lawyers from Mayer Brown... filed a motion in the US District Court for the Eastern District of Virginia to impose a gag order on Iraqi civilians suing the company.
Nation Jul 21, 2009 CIA Committed Fraud, Judge Writes in Ruling: 5 Involved in Suit Could Face Sanctions
QUOTE: A federal judge has ruled that government officials committed fraud while defending a lawsuit brought by a former DEA agent who accused a CIA operative of illegally bugging his home.
Washington Post Jul 17, 2009 China reins in more rights activists by seizing computers
QUOTE: In another sign of the Chinese authorities clamping down on civil rights activists, on Friday officials confiscated the computers of lawyers working on last year's tainted milk scandal.
Christian Science Monitor Jul 15, 2009 Massachusetts in Suit Over Cost of Universal Care
QUOTE: A hospital that serves thousands of indigent Massachusetts residents sued the state on Wednesday, charging that its costly universal health care law is forcing the hospital to cover too much of the expense of caring for the poor.
New York Times Jun 21, 2009 Scientology: The Truth Rundown (Part 1 of 3 in a special report on the Church of Scientology)
QUOTE: Marty Rathbun and Mike Rinder, the highest-ranking executives to leave the (Scientology church, are speaking out for the first time.
St. Petersburg Times May 18, 2009 Justices Turn Back Ex-Detainee’s Suit
QUOTE: A Pakistani Muslim who was arrested after the Sept. 11 attacks may not sue John Ashcroft, the former attorney general, and Robert S. Mueller III, the director of the Federal Bureau of Investigation, for abuses he says he suffered in a Brooklyn detention center...failed to allege a plausible link between the officials’ conduct and the abuses he said he had suffered.
New York Times Jan 20, 2009 RIAA Fears 'Manipulation' of Courtroom Web Broadcast (Threat Level: Privacy, Crime and Security Online)
QUOTE: The Recording Industry Association of America is objecting to the webcasting of pretrial arguments in an upcoming file-sharing trial... RIAA claims that [recording] "will be readily subject to editing and manipulation by any reasonably tech-savvy individual."
Wired Oct 17, 2008 RIAA Decries Texas Woman as 'Vexatious' for Demanding File Sharing Trial
QUOTE: The Recording Industry Association of America is labeling a Texas woman "vexatious" for her refusal to pay the record labels $7,400 for allegedly infringing 37 songs on the Kazaa file sharing network.
Wired Aug 23, 2008 Group Suing AT&T for Spying Will Sue Government, Too
QUOTE: As for the unexpectedly long-lived suit against AT&T, the government and the EFF are discussing when and how the government will attempt to have the case dismissed using the amnesty provision. The EFF wants to challenge the legality of the amnesty before it is actually applied, while the government prefers to have the case dismissed first -- then have the EFF fight the dismissal.
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