Dissenting from the en banc Fifth Circuit’s refusal to require district courts to consider what we now call Batson challenges in jury selection, Judge Jerre S. Williams closed with this:
Ugly in its practice and insidious in its effects, invidious racial discrimination deserves no protection in any area of society, least of all in the
Agency majority wants more detective work.
The Federal Communications Commission put off voting on a controversial finding in its annual report on competition in the cable industry, according to Bloomberg.
The finding would have triggered more regulatory authority, including the power to stop Comcast and Time Warner from bundling dozens of worthless channels that
Have you ever wondered why your handbag costs so much? How about your jogging suit? Blue jeans? Pillow? Backpack? Luggage? UGG boots?
A new price-fixing lawsuit against the dominant makers of "apparel fasteners" — including zippers — may hold part of the answer.
The case, Little Earth Productions, Inc. v. YKK Corp., No. 07-cv-04888-RBS
One of Blawgletter’s favorite legal journalists, Linda Greenhouse, writes today about the oral argument yesterday in LaRue v. DeWolff, Boberg & Assocs., Inc., No. 06-856 (U.S.). For background, see "Reviving ERISA: Justices Hear Argument in Key Pension Rights Case".
Ms. Greenhouse reports:
Several justices said it would not be easy
Blawgletter serves as co-lead counsel in litigation against one of the two biggest cable service providers, Behrend v. Comcast Corp. (E.D. Pa.). The lawsuit alleges that Comcast entered into swaps (trading subscribers in area A for ones in area B) and acquisition deals with competing providers. The result? Comcast and Time Warner now control
The Ninth Circuit did something today that courts of appeal rarely do. It held a district court clearly erred in its findings of fact following a bench trial. Even more unusually, the court ordered entry of judgment in favor of the plaintiffs. Miller v. Thane Int’l, Inc., No. 05-56043 (9th Cir. Nov. 26
The Supreme Court heard oral argument this morning in an important pension case under the Employee Retirement Income Security Act of 1974. Apparently it went well for those who favor interpreting ERISA so that it actually provides a remedy for victims of pension plan fiduciaries’ misdeeds.
According to the report on Bloomberg.com, justices "signaled
The Dallas Morning News — Blawgletter’s home town newspaper — published an article about the Supreme Court of Texas on the front page of the Business section. So? The article suggests that the court may now have swung as far pro-big business defendant as it went pro-personal injury plaintiff in the 1980s and early 1990s.
How will we know when we get exactly the right amount of civil litigation?
Several groups publish numbers on how much lawsuits cost Americans each year. They also emphasize the millions that lawyers earn. These yardsticks imply that we have too many legal actions.
Lawyer associations and consumer groups on the other hand tend to
In his NYT Talking Business column today, Joe Nocera counts "the bundle of networks [that] cable delivers into your home" as "one of the blessings" of the cable industry. Ha!
He writes that requiring cable giants like Comcast and Time Warner to let subscribers choose their channels "would be a consumer disaster." Double ha!
