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Friday, May 6, 2011

Y! Alert: National Law Journal - Washington


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A break in the blockade Top
The activists who closely follow judicial nominations have for months pondered a big question: Could the Republicans' increased numbers in the U.S. Senate succeed in blocking some of President Barack Obama's nominees? Last week, they got the beginning of an answer.
 
In bin Laden killing, legal clarity Top
A light haze may have descended over a few segments of the narrative surrounding bin Laden's death, but the Obama administration is clear on this point: Killing Osama bin Laden was legal, and the methods employed to do so were lawful, too.
 
A business win in 'AT&T' Top
A 5-4 majority, led by Justice Antonin Scalia, held that the Federal Arbitration Act trumps a California rule invalidating as "unconscionable" a class action waiver provision in a cell phone arbitration agreement.
 
A climate-change clash Top
A climate change challenge confronts the U.S. Supreme Court this month. And given the high stakes for business and the environment, the justices' typically "hot" bench may get even warmer when arguments in the complex case unfold.
 
INADMISSIBLE Top
Why not Wyomans; DOJ challenges NCAA; graphic justice; Brinkmann joins an illustrious group; D.C. Bar candidates and their endorsements; competitors lobby against AT&T and T-Mobile merger; and a new face at House Ethics in this week's column.
 
Chicago wants appeals court to shoot down legal fee request Top
Lawyers for the city of Chicago maintain the plaintiffs' attorneys in the gun rights case that reached the U.S. Supreme Court should not be awarded legal fees because the city voluntarily repealed its handgun ban before any final judgment was issued.
 
Federal Circuit: Cease-and-desist letter alone no basis for declaratory judgment jurisdiction Top
A patent owner's cease-and-desist letter to an alleged infringer isn't enough to subject it to a lawsuit in the alleged infringer's state, the U.S. Court of Appeals for the Federal Circuit has ruled.
 
In TiVo case, full Federal Circuit vacates one award against EchoStar, affirms another Top
A divided U.S. Court of Appeals for the Federal Circuit, ruling en banc, has vacated a $110 million award against EchoStar Corp. for continued infringement of TiVo Inc.'s patents after a permanent injunction and clarified the contempt standards in patent infringement cases.
 
COURTSIDE: Stevens criticizes 'Connick' ruling Top
It is rare but not unheard of for retired justices to comment critically about the Court's work, especially about a specific recent decision. But it seems in keeping with how the 91-year-old Stevens plans to spend his retirement, speaking out on issues of the day and, as he recently revealed, writing a book.
 
In sovereign immunity case, states win again Top
The Supreme Court on Wednesday ruled that states may not be sued for money damages under a federal law protecting the religious freedom of prisoners.
 
Justices give global warming case a chilly reception Top
Seven of the eight justices participating in oral arguments in the case of American Electric Power v. Connecticut offered comments or questions that appeared critical of the scope or concept of a suit against major utilities that claims their output of greenhouse gases is a public nuisance under federal common law.
 
D.C. divorce lawyer, Nobel laureate feud Top
Washington divorce attorney Rita Bank has been litigating unhappy break-ups for more than a quarter-century. But next month, the family law heavyweight will find herself in court over an unamicable split with a renowned former client.
 
Clash over Court renovation Top
A confrontation between the construction company doing the work and the government agency that oversees the project is largely over claims that the Court's insistence on quiet and decorum during the project caused millions of dollars in extra labor costs and delay.
 
In Shabazz saga, a $2,500 coda Top
Malik Zulu Shabazz, chairman of the New Black Panther Party, is continuing his push for attorney fees over a subpoena issued during an investigation into accusations of voter intimidation during the 2008 election.
 

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