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Selections From National Law Journal Daily Headlines December 9, 2009

By David Badertscher, PLL

Source: NLJ.com, December 9, 2009.

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Government agrees to settle American Indian trust suit

"Capping more than 13 years of litigation, the Obama administration said Tuesday the government will pay $1.4 billion to settle a class action accusing the United States of mismanaging billions of dollars held in trust for American Indians."

 

Justices take aim at 'honest services' law

"U.S. Supreme Court justices of all stripes appeared sharply critical on Tuesday of the federal law that makes it a crime to 'deprive another of honest services,' leaving the often-used prosecutorial tool in serious doubt."

 

Supreme Court rules in attorney-client privilege case

"Federal court orders requiring litigants to disclose information that they believe is protected by the attorney-client privilege do not qualify for immediate appeal, the U.S. Supreme Court ruled Tuesday. In her first opinion since joining the Court, Justice Sonia Sotomayor wrote that permitting successive, piecemeal appeals of all adverse attorney-client privilege rulings 'would unduly delay the resolution of district court litigation and needlessly burden the Courts of Appeals.' "

 

Federal Circuit shifts standard for declaratory judgment actions

"The U.S. Court of Appeals for the Federal Circuit recently ruled that a patent owner's letter that did not threaten a patent lawsuit or demand licensing talks still allowed the recipient to file a declaratory judgment action seeking a noninfringement ruling."

 

Demotion to part-time, out-of-state job is adverse action, 10th Circuit says

"When United Airlines allegedly told an employee that she could either take a lower-paying job in another state or resign from her managerial position, it gave her ammunition to file a lawsuit, ruled the 10th Circuit".

Full post as published by New York Supreme Court Criminal Term Library on December 09, 2009 (boomark / email).