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Engineer Didn't Comprehend Foreign Drawing Characteristics, 6th Circuit Concludes
Sunday, February 4, 2007


CINCINNATI - An engineering expert's conclusion that model train drawings were copied was unreliable because his methodology had never been tested or reviewed and he failed to comprehend the Korean model train design industry, the Sixth Circuit U.S. Court of Appeals held Dec. 14 in reversing a $40 million misappropriation of trade secrets verdict (Mike's Train House v. Lionel, et al., No. 05-1095, 6th Cir.; 2006 U.S. App. LEXIS 30628).
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Insurer: Negligent Hiring, Expected Injury Exclusions Bar Wrongful Death Claims

Case: Essex Insurance Co. v. Greenville Convalescent Home Inc., et al., Nos. 06-60847, 06-60848, 06-60851, 5th Cir.
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France should recognize Algeria colonial crimes: Socialist leader
[JURIST] A prominent French Socialist Party (PS) [official website] leader called Sunday for France to recognize its crimes in colonial Algeria [JURIST news archives], including the alleged massacres of 45,000 Algerians demanding independence at the end of World War II, but stopped short of
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Court: He had a right to curse
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Simmons takes Houthoff banking head

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Disability Group Asks California Supreme Court To Review Amendment Ruling

SAN FRANCISCO - The California Supreme Court should not allow disabled people at the heart of the lead Proposition 64 case to be denied the same right to amend their complaint that other plaintiffs have been afforded, a disability group argues in a Dec. 21 brief (Californians for Disability Rights v. Mervyn's LLC, No. S148962, Calif. Sup.; See November 2006, Page 7).
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Judge Reduces $2.5M Punitive Damages Award To $1M

GULFPORT, Miss. -- A federal judge on Jan. 31 reduced a jury's award of $2.5 million in punitive damages to $1 million on the basis that a $1 million award against State Farm Fire & Casualty Co. for denying a Mississippi couple's claim for damages after their home was destroyed by Hurricane Katrina is more appropriate (Norman and Genevieve Broussard v. State Farm Fire & Casualty Co., No. 06-6, S.D. Miss.).
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Consumer Information Can Be Disclosed To Class Action Plaintiffs

SACRAMENTO, Calif. - Personal information identifying complaining consumers can be disclosed to class action plaintiffs for discovery purposes, the California Supreme Court held in a Jan. 25 ruling (Pioneer Electronics [USA] Inc. v. The Superior Court of Los Angeles County; Patrick Olmstead, real party in interest, No. S133794, Calif. Sup.; 2007 Cal. LEXIS 553).
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Drug Litigation Case Load May Taper And Strategies Change, But Insiders Don't See It Going Away, A LexisNexis Study Concludes
The convergence over the past five years of litigation involving drugs such as Baycol, Propulsid and Rezulin has resulted in a steady increase in the amount of drug cases reported by major drug companies, according to statistics compiled by LexisNexis. But the increase has slowed slightly as litigation matures and as drug companies begin to settle, the figures indicate.


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Executive Assistant
NEW YORK, NY Meredith Corporation 2007-01-31
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Arthur J. Gallagher, Plaintiffs Reach $28M Settlement, Seek MDL Court Approval

NEWARK, N.J. - Arthur J. Gallagher & Co. and the plaintiffs in the insurance brokerage antitrust multidistrict litigation on Dec. 29 filed a stipulation of settlement, under which the broker and its related companies would pay $28 million to members of the settlement class and revise their compensation structure (In Re Insurance Brokerage Antitrust Litigation, No. 04-5184; In Re Employee Benefit Insurance Brokerage Antitrust Litigation, No. 05-1079, D. N.J.).
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RFPs: Building Better Beauty Contests
Your firm hears from three clients with enticing billing opportunities -- and all issue requests for proposals (RFPs) with a deadline in eight days. What's your next step? Consultant Timothy Wilson explains why the answer may be mass customization.
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UN human rights chief wary of Afghan war crimes amnesty
[JURIST] UN High Commissioner for Human Rights Louise Arbour [official profile; JURIST profile] on Friday criticized [press release] the amnesty resolution [JURIST report] adopted by the Afghan parliament Thursday. The resolution, part of a national reconciliation effort, extends official pardons
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Stimson resigns in aftermath of Guantanamo representation slurs
[JURIST] US Defense Department Deputy Assistant Secretary for Detainee Affairs Charles "Cully" Stimson [JURIST news archive] resigned Friday in the aftermath of a backlash to remarks [JURIST report] he made in a radio interview [recorded audio] last month criticizing lawyers at top US law firms
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A&O appoints associate to global management team

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O'Connor says staying on court was her preference
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For Federal Appellate Judicial Nominations, It's a Time for Pragmatism
In the wake of the Bush administration's recent decision to withdraw the nominations of three controversial federal appellate court nominees, litigator Howard J. Bashman examines the White House's win-loss record and suggests that now may be the time for the president and his allies to get real. After all, a vacant bench seat today could be a position filled by a Democratic president's choice tomorrow.
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Dewey exodus continues as twelfth partner departs

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Oregon Judge Finds Duty To Defend Suit Involving Food Claim

PORTLAND, Ore. - Finding covered property damage and an occurrence, an Oregon federal judge on Jan. 5 ruled that an insurer must defend an insured that supplied a substandard beverage mix to a drink manufacturer (Naumes Inc. v. Chubb Custom Insurance Co., No. 05-1327, D. Ore.; 2007 U.S. Dist. LEXIS 1292).
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New York Judge Finds XM Not Immune From Copyright Claims

NEW YORK - In a Jan. 19 memorandum and order, a New York federal judge found that the Audio Home Recording Act of 1992 (AHRA) does not immunize XM Satellite Radio Inc. from copyright infringement claims brought against it by a coalition of record labels (Atlantic Recording Corp., et al. v. XM Satellite Radio Inc.; S.D. N.Y., 1:06-cv-03733-DAB; See May 2006, Page 12.).
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Theft Of Patient Payments Not 'Health Care Fraud,' 3rd Circuit Holds

PHILADELPHIA - The government failed to establish the elements of the crime of health care fraud in its action against a woman accused of stealing $451,000 in patient payments from the methadone clinic where she worked, the Third Circuit U.S. Court of Appeal held Dec. 28, reversing her conviction and vacating her sentence (United States of America v. Aimee Jones, No. 05-4898, 3rd Cir.; 2006 U.S. App. LEXIS 31926).
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Marks & Clerk opens office in China

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Latham reunites Enron prosecution team

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Mom gets 10 years for drowning kids
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Calif. Court Clarifies 'Kangaroo' Comment
Retired San Joaquin County, Calif., Superior Court Judge Peter Saiers sounded almost smug upon learning three appellate justices had issued a ruling expressing their belief that he had, in fact, not called their court a "kangaroo court" during a 2005 hearing. The panel let Saiers off the hook after DA James Willett came to the judge's defense in a letter sent after the initial ruling. Willett made it known the remark was targeted at him and his "strike committee," and that they were not offended.
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LegalTech New York 2007 Wraps Up
As expected, given the recent adoption of the amendments to the Federal Rules, e-discovery was the dominant topic at Legal Tech New York 2007. With the last of the educational sessions ended and the booths on the show floor packed up, David Snow, editor of Law.com Legal Technology, wraps up coverage for this year's event with a few parting thoughts.
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Kelly Hart to Open Houston Office With Former Enron GC, V&E Partners
Fort Worth, Texas' Kelly, Hart & Hallman has leased space and is scheduled to open a Houston office in the next few months. Kelly Hart Houston partner J. Clark Martin, who retired from Vinson & Elkins on Jan. 1, says among those planning to join Kelly Hart as Houston partners are two V&E partners who are close to that firm's mandatory retirement age of 67, and former Enron Corp. general counsel James V. Derrick Jr.
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Admitted Mafia boss pleads guilty to racketeering
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Latham and Gibson Dunn Raise N.Y. Salaries to $160,000
California associates still dreaming of New York-sized salaries are in
for a rude awakening. West Coast standard bearers Latham & Watkins and
Gibson, Dunn & Crutcher announced that they're increasing first-year
associate pay to $160,000 in New York, but only to $145,000 in
California and elsewhere. Orrick, Herrington & Sutcliffe, Heller Ehrman
and Paul, Hastings, Janofsky & Walker also announced the same increase -- except that Orrick will also raise Washington, D.C., first-years to the $160,000 scale.
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Accused killer of mom, fetus to face death penalty
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Manufacturer, United States Ask High Court To Reverse Dr. Miles

WASHINGTON, D.C. - Vertical minimum resale price maintenance agreements should be evaluated under the rule of reason, not deemed per se illegal under Section 1 of the Sherman Act, a manufacturer is arguing to the U.S. Supreme Court in urging reversal of a Fifth Circuit U.S. Court of Appeals ruling; several amicus curiae briefs have been filed supporting the petitioner, including by the United States (Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480, U.S. Sup.; See December 2006, Page 6).
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Global Pays Employers $1.8 Million To Satisfy Final Arbitration Award

NEW YORK - Global Reinsurance Corp. has paid $1,767,845 to satisfy a final arbitration award in favor of its cedent, ending a dispute over a $7.5 million settlement of asbestos product insurance claims (Employers' Surplus Lines Insurance Co. v. Global Reinsurance Corp., No. 1:07-CV-00030-HB, S.D. N.Y.).
Full story on lexis.com

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Linklaters confirms Davies: his first interview

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US re-charging Guantanamo detainees Hicks, Khadr, Hamdan
[JURIST] The US military announced Friday it has drafted new charges against three high-profile Guantanamo Bay [JURIST news archive] detainees. Col. Morris Davis (USAF) [official profile, PDF], chief prosecutor for the Department of Defense Office of Military Commissions, said that the new charges
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DLA scoops CC ally to lead Islamic push

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Patent Lawsuits Continue To Increase At Faster Pace Than Civil Suits, Report By LexisNexis Finds
New patent case filings in federal court increased by 4.2 percent between 2002 and 2003, continuing the upward trend that has resulted in a 130 percent increase in patent case filings from 1988 to 2003, according to a report released by LexisNexis.


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Bush to Nominate Former White House Associate Counsel to D.C. Court
President George W. Bush is expected to nominate former White House
insider Dabney Friedrich to fill the recently vacated seat on the U.S.
District Court for the District of Columbia, sources say. The White
House is in the final stages of finalizing the nomination to replace
Judge Gladys Kessler, who took senior status last month. Friedrich spent
three years as an associate counsel in the White House, where she
oversaw judicial nominations, including ones for the Supreme Court.
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US Marine paralegal accused of false statement after Guantanamo abuse claim
[JURIST] Lt. Col. Colby Vokey, the US Marine defense coordinator for the western US, told the Associated Press Friday that his paralegal, Sgt. Heather Cerveny, has been accused of having made a false statement by Army Col. Richard Basset. Bassett was ordered to investigate alleged abuses of
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Katrina hospital deaths stump coroner
The Orleans Parish coroner said Thursday he cannot classify as homicides the deaths of four patients who died at a New Orleans hospital in the aftermath of Hurricane Katrina.


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Judge: Amount Of Punitive Damages In Prempro Case Will Be Sealed

PHILADELPHIA - Any amount of punitive damages a jury decides to award to an Arkansas couple who are already set to receive $1.5 million from Prempro manufacturer Wyeth will not be known unless the case goes on appeal, a Pennsylvania Common Pleas Court judge ruled Jan. 30 (Mary Daniel v. Wyeth, June 2004 Term, No. 02368, Pa. Comm. Pls., Philadelphia Co.).
Full story on lexis.com

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N.Y. Firm Challenges New Attorney Ad Rules
A high-volume, heavy-advertising New York personal injury law firm and a
Washington, D.C., advocacy group are apparently the first to challenge
the new attorney advertising restrictions that took effect last week.
Alexander & Catalano and Public Citizen filed suit alleging the
restrictions violate the constitutional right to free speech and impose
anti-consumer limits on lawyers' ads. The suit seeks injunctive and
declaratory relief in an attempt to prevent enforcement of the new
rules.
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Human Resources Generalist
Ocala, FL New York Times, The 2007-02-02
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Swiss court extends physician-assisted suicide to incurable mental patients
[JURIST] The Federal Supreme Court of Switzerland [official website, in German] ruled Friday that people with serious mental illnesses may be permitted to commit physician-assisted suicide under certain conditions. The decision recognized "that an incurable, permanent, serious mental disorder can
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