Today the Federal Circuit rebuffed an attempt to require oyster growers to litigate, in the U.S. Court of Federal Claims, tort claims against private dredgers for damaging the oyster habitat. The district court, in Galveston, Texas, concluded that it lacked jurisdiction and ordered transfer of the case to the Court of Federal Claims. The Federal
Eleventh Circuit Affirms Copyright Compilation Verdict
Does a compilation of info on purchasable yachts deserve copyright protection?
If it does, what standard governs the infringement question — "substantial similarity" between the compilation and the defendant’s work or "virtual identicality"?
The Eleventh Circuit today affirmed a post-verdict judgment for the yacht info compiler. The court answered the first question "yes" and the
Supreme Court, in Tellabs, Tightens PSLRA Scienter Test
An 8-1 U.S. Supreme Court toughened the standard for pleading securities fraud today in Tellabs, Inc. v. Makor Issues & Rights Ltd., No. 06-484 (U.S. June 21, 2007). The Court required "cogent" reasons for believing the defendants intended to defraud. WSJ story here.
Barry Barnett
Supreme Court Watch: What Will Tomorrow Bring?
Orphan Annie — clever
girl — knew that "tomorrow
is just a day away."
As our friends at www.scotusblog.com remind us, the U.S. Supreme Court will issue opinions tomorrow, June 21. The Court has but one more opportunity to finish its opinion-issuing work this Term — on Monday, June 25. So what can we expect
Insider Trading Claim Doesn’t Require “Actionable” Violation, Ninth Circuit Decides
Deciding a question of first impression, the Ninth Circuit today held that plaintiffs may pursue an insider trading claim, under section 20A of the Securities Exchange Act, even though limitations barred action on the predicate securities law "violation", under section 10(b) of the Act. The court reasoned that "violation" doesn’t equal "actionable violation". Blawgletter says
What Do You Mean Funny? Funny How?
Joe Pesci in Goodfellas (1990).
Legal Antics today unveiled the nominees for "Funniest Law Blog". See the list here.
Blawgletter felt awesome until we realized that a single nomination, by anyone, would earn a spot on the Funniest list. Then we felt sad. But next we remembered that we hadn’t nominated ourselves. So
Contempt v. Perjury (Update)
The WSJ celebrated the decision of a federal judge to request a U.S. Attorney to prosecute Mississippi lawyer Dickie Scruggs for criminal contempt. The crime? Providing the Mississippi Attorney General with a copy of documents that may establish fraudulent handling of Katrina claims by insurance companies.
The judge opined that the conduct violated his injunction
Gaza-palooza: Who Has Palestinian Authority?
Blawgletter has a question:
Who has the lawful right to govern the Gaza Strip?
Leave to one side, please, the sheer hypotheticality of the notion that anybody actually does govern the Gaza Strip. Who’s got the right to do it?
Some of the salient facts, as we understand them:
-
The United States, Canada, Israel, Japan,
Snippy Seventh Circuit OKs Negligent Misrep. KO
Applying Illinois law, the Seventh Circuit today affirmed a summary judgment against a land purchaser on the ground that it failed to present evidence of damages in support of its negligent misrepresentation claim. The plaintiff, Kemper/Prime, alleged that the predecessor of Montgomery Watson should have discovered and reported chemical contamination of 120 acres that Kemper/Prime
ERISA Ascendant?
Blawgletter reported yesterday that the U.S. Supreme Court granted review of a Fourth Circuit decision involving sections 502(a)(2) and 502(a)(3) of the Employee Retirement Income Security Act in LaRue v. DeWolff, Boberg & Assoc., Inc., No. 06-856 (U.S. June 18, 2007). The court of appeals held against the plaintiffs under both sections.
A reversal