The Conference hosts an e-discovery seminar March 13-14 in San Diego.
Blawgletter sees ads about e-discovery twice, thrice, and more each working day. The offers range from people who say they can teach you how to do it to folks who want to do it for you to outfits that tell horror stories about judges
The Ninth Circuit held today that an internet provender of perfumes violated the Lanham Act by incorporating the "eBay" trademark in its name, PerfumeBay. Perfumebay.com Inc. v. eBay Inc., No. 05-56794 (9th Cir. Nov. 5, 2007).
Huh. Blawgletter confesses that at first we thought eBay would lose this one. PerfumeBay doesn’t look much like
Blawgletter recently listed the types of commercial litigation that we expected to come out of the still-embiggening subprime mortgage mess. We included:
Securities fraud. Buyers of stock or bonds whose price fell after disclosure of problem investments in subprime mortgages (either the mortgages themselves or loans to fund the mortgages), subprime mortgage firms (stock),
The WSJ’s Evan Perez reports today that Senator Patrick J. Leahy, who chairs the Senate Judiciary Committee, will vote against the nomination of Michael Mukasey as U.S. Attorney General. Something about waterboarding.
Senator Leahy’s opposition doesn’t kill the nomination, but Blawgletter wouldn’t call it good news for Mr. Mukasey.
Barry Barnett
The Sixth Circuit today reversed summary judgment against landowners who claimed environmental harm to their property. The plaintiffs alleged that leaks from a nearby uranium enrichment plant polluted their groundwater, surface water, and soil with radioactive and other substances, including trichloroethylene, technetium-99, and polychlorinated biphenyls. The district court denied class certification and dismissed the landowners’
Blawgletter could hardly contain our enthusiasm when we heard about the nomination of Michael Mukasey to replace Alberto Gonzales as U.S. Attorney General. We said Call Us Crazy, but We Like Mukasey. We updated our feelings a couple of times but not since the second day of Mr. Mukasey’s testimony to a Senate committee.
The Federal Circuit today affirmed a district court’s refusal to award attorneys’ fees in a patent case. The plaintiff, Digeo, bought a patent on an "as is" basis at a bankruptcy sale and sued the defendant, Audible, for infringement. Audible discovered a fatal defect in title to the patent — someone had forged one of
After years of litigation and arbitration, a federal judge considers whether to confirm an award that resulted from the arbitration. He orders a hearing but doesn’t say he’ll take up the motion to confirm. But at the hearing he grants a motion by the lawyer for the party opposing confirmation to withdraw (due to a
10. A big solo case looks big
At least $10 million in hard damages
9. A little case may count as a big case if it involves conduct that affects a lot of people
Competitors and business customers: Monopolization, price-fixing, territory or customer allocation, limit of supply,
Blawgletter reported yesterday about the Supreme Court’s accepting review of the $2.5 billion punitive damages award in Exxon Shipping Co. v. Baker, No. 07-219. Order List at 2. We guessed that the Court may use the case to open up a new line of battle in the war against punitive damages. We feel a
