Mercedes-Benz Argentina (“MBA”) aided and abetted the killings and mayhem that defined Argentina’s Dirty War (1976-83), the plaintiffs alleged. But they sued MBA’s German parent Daimler — not MBA. And they brought the action in California — not where Daimler’s main United States sub (Mercedes-Benz USA or MBUSA) had incorporated (Delaware) or the state in
FCC May Require Net Neutrality, D.C. Circuit Rules — But Only for Common Carriers
The D.C. Circuit held today that the Federal Communications Commission has the power, under the Telecommunications Act of 1996, to require Internet service providers (ISPs) to "adhere to open network management practices." Verizon v. Federal Communications Commission, No. 11-1355 (D.C. Cir. Jan. 14, 2014).
But the panel also ruled that, because the FCC had chosen
Florida Water Control District Blows Away Qui Tam Case
The South Florida Water Management District took funds from the Federal Emergency Management Agency, not to fix hurricane damage to levees and canals but to make "permanent flood control repairs". United States ex rel. Lesinski v. South Florida Water Mgmt. Dist., No. 12-16082 (11th Cir. Jan. 2, 2014).
Or so an ex-employee of the District alleged in a
Nelson Mandela and Aristotle
Nelson Rohlihlahla Mandela (1918-2013) died today.
A lawyer, Mr. Mandela worked mightily for many years against apartheid.
He spent from 1962 through 1990 in a South African prison.
His country released him at the age of 71.
He served as President of South Africa from 1994 through 1999.
He has remained a symbol of fighting
Weak Satire on “Birther” Book Defeats Libel Claim
The D.C. Circuit ruled that Esquire's not-very-good effort to make fun of a "birther" book didn't count as libel. Farah v. Esquire Magazine, No. 12-7055 (D.C. Cir. Nov. 26, 2013).
The case dealt with a post on "The Politics Blog" by Esquire writer Mark Warren. The item claimed that President Obama's
Dead Firm May Have Right to Ex-Partners’ Hourly Fees
Law Firm X goes belly-up. Its partners flee. They take the hourly cases that they brought in at Law Firm X with them to their new homes at Law Firm Y and Law Firm Z, among other attorney shops. Does what remains of Law Firm X — its estate in bankruptcy — have any right
Chief Justice Questions Cy Pres Relief in Class Actions
On Nov. 4, Chief Justice John Roberts attached a "statement" to the Court's long list of orders in which it mainly denied review with respect to dozens and dozens of cases.
The statement related to something the Court hasn't addressed before — a challenge to a class action settlement that featured "cy pres" relief.
Cy
U.S. Judge Makes Case for Jury Trials
The American jury makes a profound contribution to the very structure and fabric of American law, Ciulla v. Rigny, 89 F. Supp. 2d 97, 98 (D. Mass. 2000), and so it is here. Indeed, this particular case would be of little interest to anyone other than the litigants were it not for the remarkable
125,000:1 Ratio of Punitive Damages to Actual Damages Passes Due Process Test
The Ninth Circuit held today that due process allowed a 125,000 to one ratio between punitive and actual damages in a sexual harassment case. Arizona v. ASARCO LLC, No. 11-17484 (9th Cir. Oct. 24, 2013).
The panel cut district court's $300,000 award to $125,000 on the ground that due process would not permit the extra $175,000.
They Will Be Killed by Us
Blawgletter once wrote Barnett's Notes on Commercial Litigation on a more-or-less monthly basis. But guess what? Each issue took at least a couple of days to compose. Which time at $875 an hour adds up.
So now we blog, or blawg, on Blawgletter. So much time is saved!
Which brings us to a topic we