Legal Research

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Supreme Court Announces Special Sitting, Issues 3 Rulings

The National Law Journal

The Supreme Court issued three noteworthy opinions Wednesday, but not its long-awaited decision in Citizens United v. Federal Election Commission. However, it looks as though the wait may soon be over. At the end of oral arguments Wednesday, the marshal of the Court announced the justices would return to the bench today for a rare if not unprecedented Thursday session. Citizens United appears to be the only pending case that would warrant such arrangements -- but why the special session?

What Samsung Gets From $900 Million Settlement

The Recorder

After lengthy litigation, Samsung agreed to settle its differences with Rambus for $900 million because of a looming antitrust trial, observers say. Rambus, a tiny Los Altos, Calif., chip designer, was seeking $13 billion in damages from Samsung, Micron Technology and Hynix Semiconductor for unfairly squashing its memory-chip business in a case that was set for trial this month. Rambus had a strong hand going into the trial against Samsung. But observers say Samsung may reap some benefit by settling before Micron or Hynix.

N.Y. State Bar Revises All-Male Panel on Women in Law

New York Law Journal

Faced with a call for a boycott of a discussion at its annual meeting next week, the New York State Bar Association has revised plans to have a panel of "distinguished gentlemen" expound on the "strengths and weaknesses" of women in the legal profession. Carey R. Dunne of Davis, Polk & Wardwell said he had no idea the panel would be all-male or how it would be described by the sponsoring committee when he agreed months ago to join the panel. All three original panelists have now decided not to participate.

No Punishment Recommended for Judge Over Thwarted Last-Minute Appeal of Execution

Texas Lawyer

A Texas judge has concluded that Court of Criminal Appeals Presiding Judge Sharon Keller's conduct on the day the state executed Michael Richard "does not warrant removal from office or further reprimand beyond the public humiliation she has surely suffered." A commission began proceedings against Keller following allegations that she decided the CCA clerk's office would not stay open past 5 p.m. on Sept. 25, 2007, effectively closing the court to Richard's attorneys, who were trying to prevent his execution later that day.

Trial Airs Mormon Church's Role in Fight Over Prop 8

The Recorder

For months, internal campaign documents from Proposition 8 backers were subjected to discovery battles but remained hidden from public view. That changed Wednesday. Lawyers representing same-sex couples persuaded a federal judge to allow some of the documents into the record, over objections from the Yes on 8 side. The e-mails and other memos detail the Church of Jesus Christ of Latter-Day Saints' involvement with Proposition 8 -- for instance, that there was at least one LDS volunteer working in every California ZIP code.

Gen Re to Pay $92.2 Million to Settle Accounting Misconduct Claims

The Associated Press

The insurer General Re has agreed to pay $92.2 million to settle charges by federal authorities and shareholder claims over its alleged role in accounting misconduct schemes by American International Group and Prudential Financial. Gen Re will pay $19.5 million in a non-prosecution agreement with the Justice Department; $12.2 million to settle civil charges with the Securities and Exchange Commission; and $60.5 million to resolve a class action lawsuit by AIG shareholders.

Court Rejects Claim That Firm Practiced 'Judicially Sanctioned Extortion'

The National Law Journal

A California appeals court has ruled that leading asbestos litigation firm Waters & Kraus did not engage in "judicially sanctioned extortion," as a Los Angeles trial judge contended when finding the firm intentionally re-filed a case in California as a means of forcing a settlement. The trial judge found that Waters & Kraus had played the same "grisly game of asbestos litigation" in at least nine cases, but the appeals panel found there was no evidence the firm filed its earlier Texas action for an improper purpose.

Chief Legal Counsel for New GOP Senator Recaps Victorious Mass. Campaign

The National Law Journal

Duane Morris' Daniel B. Winslow, who led the legal team for Republican victor Scott Brown in the Massachusetts campaign for a U.S. Senate seat, spoke with The National Law Journal about his relationship with Brown and how Brown won. Winslow also discussed the legal issues that cropped up during the campaign, including a challenge to a Massachusetts Democratic Party attack brochure and a patent filing for an advertising method involving aerosol food coloring on snow.

Drinker Biddle Nets $1.8 Million Award in Fee Fight

The Legal Intelligencer

A case that came to light earlier this month highlights a type of dispute that rarely makes it to trial and one firms rarely want publicized. Drinker Biddle & Reath won a $1.78 million verdict against a former client late last year after the client disputed the alternative fee arrangement the two sides agreed to in a patent litigation matter. "Suing a client is not a decision Drinker ever takes lightly and it did not do so in this case," said an attorney representing Drinker Biddle.

Cadwalader Posts Higher Profits, Lower Revenue

The American Lawyer

Cadwalader, Wickersham & Taft reported Tuesday a 28 percent increase in profits per partner, the firm's first positive results since 2007. Yet while the firm enjoyed a slight increase in net income, some of the increase in per-partner average earnings seems due to a nearly 21 percent loss in the number of equity partners. Chairman W. Christopher White attributes the 2009 financial results to the firm's work on large corporate and restructuring deals and to cost-cutting measures begun early in the recession.

Judge Rules in Favor of Plaintiffs' Experts in Hormone Replacement Therapy Cases

The Legal Intelligencer

A Philadelphia judge has ruled that the scientific methodologies used by key plaintiffs' expert witnesses in the 1,500 cases pending in mass tort litigation over hormone replacement therapy are not novel and are admissible in court. Philadelphia Common Pleas Judge Sandra Mazer Moss ruled from the bench Wednesday against a defense motion that challenged the differential diagnosis methodology used by plaintiffs' expert witnesses to evaluate whether they think HRT was a substantial factor in causing a plaintiff's cancer.

Calif. Lawyer Sues Over Same-Sex Health Benefits for Spouse

The Associated Press

A federal employee in California is suing the Obama administration to force it to provide health benefits to her wife. The U.S. Office of Personnel Management told Karen Golinski, a lawyer for the 9th Circuit, that it was refusing to extend benefits because federal law prohibits the government from recognizing gay marriage. The office made its decision over the objections of 9th Circuit Chief Judge Alex Kozinski, who called the move illegal discrimination.

Drug Dealer Charged With Targeting Federal Prosecutor

The National Law Journal

The U.S. Attorney's Office for Northern Indiana has been tasked with the prosecution of two men charged with seeking to arrange the murder of a federal prosecutor in Chicago and a Drug Enforcement Administration agent. A spokesman for the U.S. Attorney's Office in Chicago declined to identify the prosecutor, but court filings related to the arrest of Frank Caira and Jack Mann point to 2008 drug charges lodged against Caira. The drug case was being prosecuted by Assistant U.S. Attorney Shoshana Leah Gillers.

DOJ Seeks to Bar Geithner Deposition in Religion-Based Suit Over AIG Bailout

The Associated Press

The federal government is opposing a man's request to take the deposition of Treasury Secretary Timothy Geithner in a lawsuit that challenges the bailout of American International Group on religious grounds, claiming the insurance giant sold financial products specifically tailored to Islamic principles. The government attorneys called the Geithner deposition a "fishing expedition" and said there are limits to unwinding the decision-making process of the executive branch.

Authenticating Web Pages as Evidence

Internet Law & Strategy

The burden of authenticating a document as evidence is usually low, but doing so for a screen shot of a website is a challenge, as courts generally view such information with suspicion. As one federal judge noted: "Anyone can put anything on the Internet." It is "voodoo information."

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A Tough 2009 Leads to Decrease in Partnership Promotions

The Connecticut Law Tribune

After a year in which law firms endured a slowdown in business and some layoffs, it's no surprise that promotions to partner became more difficult to attain. "In times of economic plenty, it's easier for people to slip through" to a partner position, says law firm management consultant Peter Giuliani. On a national level, partner promotions are down by the dozens in some firms, due mostly to the poor economy. The numbers are down in Connecticut as well, though a few firms are bucking the trend.

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