Thomas J. DeBenedictis alleged that Merrill Lynch and affiliates violated federal securities law by selling Class B shares of mutual funds without disclosing that they carried higher expenses and produced lower yields than other classes of shares. But the district court dismissed his complaint, holding that he filed suit too late. The Third Circuit affirmed.
Patently Clear: Means-Plus-Function Requires Spec Support
The Federal Circuit today upheld a judgment of invalidity because the patent specification didn’t disclose a structure capable of performing a "control" function. Biomedino, LLC v. Waters Technologies Corp., No. 06-130 (Fed. Cir. June 18, 2007).
The court pointed to paragraph 6 of 35 U.S.C. 112 as allowing a "means" element in patent claims
Remand Unreviewable, Supremes Hold
May a federal appellate court second-guess a district court’s order remanding a case on the ground that it lacked subject matter jurisdiction? No, the U.S. Supreme Court concluded today, in Powerex Corp. v. Reliant Energy Services, Inc., No. 05-85 (U.S. June 18, 2007).
Barry Barnett
Supreme Court Rules for Securities Industry, Will Review ERISA Case
The U.S. Supreme Court today held, 7-1, that investors can’t sue investment banks under antitrust law for conspiring to restrict competition in public sales of securities. Credit Suisse Securities LLC v. Billing, No. 05-1157 (June 18, 2007). WSJ story here; NYT here.
The Court also granted review of a Fourth Circuit decision
Supreme Court Cases to Watch (Update)
Review Review: Orlando Patterson on Clarence Thomas
The enigmatic Clarence Thomas.
Orlando Patterson offers an incisive analysis of Supreme Discomfort: The Divided Soul of Clarence Thomas (2007) in today’s NYT Sunday Book Review.
Blawgletter came away from the review almost wanting to read the book, which more than any other biography of Thomas appears to balance his warm personal relations against
Nifong Requests Disbarment — and Gets It Anway (Update)
Michael Byron "Mike" Nifong boo-hooed this afternoon as he offered to turn in his North Carolina law license.
We now know that the three bar representatives disbarred Nifong. Duke Chronicle story here. Blawgletter suspects that the Nifongian crocodile tears angered rather than softened them.
Plus we still cannot believe the depth of this
Duke Prosecutor Nifong Guilty of “Dishonesty, Fraud, Deceit, and Misrepresentation”
Turn in Your Law License, Mr. Nifong
The district attorney who abused his office to prosecute Duke lacrosse players for a rape that never happened said today, in his trial on ethics charges, that he will resign his office.
He apologized "[t]o the extent my actions have brought disrepute to the bar". Story here.
To the extent? To the extent!
So
And So It Continues to Go (Update)
The Supreme Court of Texas today issued five opinions. In four cases, the defendants won. In the fifth, nobody won, the court choosing to revoke its order granting review because the plaintiff died. Judge for yourself whether the court foreordained the outcome on remand. See Weekly Orders page here.
We should also note that