A federal judge
in New York has ruled against a group of parents who had filed a lawsuit, asserting
that the New York City policy
that allows schools to ban unvaccinated kids from attending classes when another child has come down with a vaccine preventable illness infringed on their practice of religion. The decision cites Jacobson v. Massachusetts, 197 U.S. 11 (1905)
, where the SCOTUS upheld Cambridge, Mass, Board of Health’s authority to require vaccination against smallpox during a smallpox epidemic.
Burt Likko is a lawyer who used to handle litigation arising from bar fights. He's learned a bit about how and why they happen.
Jennie Linn McCormack "isn’t the only woman in recent years to be prosecuted for ending her own pregnancy. But her case could change the trajectory of abortion law in the United States": The Rise of DIY Abortions
. [more inside]
After several failed attempts against other schools, a lawsuit
against Thomas Jefferson School of Law for providing misleading employment data
to prospective students is moving forward.
"The Fraley plaintiffs sued Facebook, alleging that its 'Sponsored Stories' feature, which displays ads on Facebook containing the names and pictures of users who have 'Liked' a product, violated California’s Right of Publicity statute. The statute forbids the commercial use of an individual’s name or likeness without consent. Integral to the plaintiffs’ claim was the assertion they had been injured because they were “celebrities” to their Facebook friends, such that their endorsements of the products in the Sponsored Stories held economic value—economic value that they were deprived of when Facebook published their Stories without their consent." - Famous for Fifteen People (Stanford Law Review)
: Celebrity, Newsworthiness, and Fraley v. Facebook (Citizen Media Law Project)
There are an increasing number of homeless military vets living in Los Angeles. The VA in Los Angeles has a 400 acre parcel of land meant to house vets. Slight problem: the VA has decided to lease the property to various area businesses instead of using the land for its intended purpose.
was having an issue with employees cutting their fingers off while sawing wood for customers. Michael Powell invented a safety device that Home Depot then copied without Powell's permission. Today, Powell won a $25 million judgment in federal court
. [more inside]
"George W. Bush Knew Guantanamo Prisoners Were Innocent."
In a signed declaration filed as part of a pending lawsuit on behalf of former Guantanamo Bay detainees
and obtained by The Times, Lawrence Wilkerson, a high ranking aide to former Republican Secretary of State Colin Powell, makes the stunning claim that: "George W. Bush, Dick Cheney and Donald Rumsfeld covered up that hundreds of innocent men were sent to the Guantánamo Bay prison camp because they feared that releasing them would harm the push for war in Iraq and the broader War on Terror." (via)
Jobless College Graduate Sues Because She's Still Jobless
A recent college graduate is suing her alma mater for $72,000 -- the full cost of her tuition and then some -- because she cannot find a job.
Yesterday, Ralph Nader sued the Democratic Party for conspiring to prevent him from running for president in 2004. The lawsuit alleges that defendants used “groundless and abusive litigation” to bankrupt Ralph Nader’s campaign and force him off the ballot in 18 states, and names as co-defendants the Kerry-Edwards campaign, the Service Employees International Union, private law firms, and organizations like the Ballot Project and America Coming Together that were created to promote voter turnout on behalf of the Democratic ticket. According to attorney Carl Mayer from the team that filed the suit, interviewed this morning by Democracy Now!'s Amy Goodman
, "what this lawsuit will do, and the importance of it is, is to set a precedent so that the two-party monopoly system that shuts out minor parties in a way that other Western democracies never do, that this will set a precedent to prevent this type of intimidation and harassment."
[Patent Lawsuit Filter] On Wednesday Sun Microsystems announced a counter suit against Network Appliance, wherein they will draw on their "defensive portfolio" which is "one of the largest patent arsenals on the internet". They are going to be requesting a permanent injunction to remove all of NetApp's filer products from the marketplace
, and also seeking monetary damages (half of which they've pledged to donate to the Software Freedom Law Center
and Peer to Patent Project
). Last month, NetApp sued Sun
for patent infringements in ZFS
. Earlier this month in Texas, the first ever patent infringement lawsuit against Linux distributors
was filed. [more inside]
recently filed a lawsuit
against Avril Lavigne, claiming that her song Girlfriend
(Youtube) plagiarized from their song, I Wanna Be Your Boyfriend
(mp3). An authorized cover version
of the Rubinoos song performed by Lush
and retitled "I Wanna Be Your Girlfriend"
has even more similarities to the Lavigne song. Now that the teeming millions on the Internets have gotten into the act, YouTubers are now arguing whether Lavigne is a plagiarist
, whether the Rubinoos plagiarized from the Rolling Stones
, and whether Ms. Lavigne plagiarized a second time
. Now that Web 2.0 has made it easier to uncover musical copycats, I'm hot on the case of Bob Marley vs. The Banana Splits
Kinderstart sues Google to get a higher page ranking.
Why on earth should Google be obligated to give another search engine access to their proprietary page ranking methods, unless the goal is for Kinderstart to either steal or play games with Google's ranking methods... again?
once more: the entire German edition was shut down
this week over the contents of a single entry
. The parents of the article's subject, a German hacker who died in 1998 under mysterious circumstances
, are displeased with his real name being disclosed in the encyclopedia. It is now back online; however, the future of the family's efforts is currently unclear, not only due to the German order's debatable validity in the US - but also because the order was, initially at least, mistakenly addressed
to St. Petersburg, Russia, instead of St. Petersburg, Florida.
Microsoft, AOL, Earthlink, Yahoo sue hundreds in six lawsuits More here
(registration req'd). Nation's largest spammers targeted in first lawsuits under Congressional Anti-Spam Legislation.
In a dispute over a car worth less than $20,000, General Motors sank more than $82,000 in its own legal fees and ... lost.
The judge said that average citizens need to feel free to take on automakers with deep pockets and awarded the plaintiff $108,000 in attorney fees in a warranty case.
Big Business As Usual.
"In announcing their record settlement with 10 Wall Street firms
accused of misleading investors with bogus recommendations, [the Securities and Exchange Commission] also released new e-mail records showing stock experts chortling about how they were making out like bandits at the expense of the average investor", and revealed troubling insights into the way Wall Street really works:
"Merrill Lynch initiated coverage of LFMN on September 28, 2000 with a 2-1 [10-20% appreciation forecast short term, 20% appreciation forecast long term], when LFMN traded at $22.69. At that time, Merrill Lynch was pursuing an investment banking relationship with LFMN.
After Merrill Lynch initiated research coverage, LFMN's price declined to the....$3-5 range in December. On December 4, 2000, Blodget e-mailed a fellow analyst,'LFMN at $4. I can't believe what a POS [piece of shit] that thing is. Shame on me/us for giving them any benefit of doubt.' Merrill Lynch's research report on LFMN dated December 21, 2000, [reiterates] a 2-1 rating..."
And the "record settlement" with these common swindlers in three piece business suits from our brave SEC? For Wall Street, Fines Are A Day's Pay.
Federal judge rules Morpheus, Grokster not liable for Internet piracy.
Well that is until the big pocketed music industry finds a favorable judge and wins the appeal.
Appellate Court Rules Media Can Legally Lie.
"The attorneys for Fox . . . argued the First Amendment gives broadcasters the right to lie or deliberately distort news reports on the public airwaves." And they won. Learn about the alleged deception
(regarding BGH in milk). Read the appellate court's opinion
which essentially says that there's no law against lying.
This new RIAA lawsuit
really frosts my cookies
! I can't believe the Recording Industry Ass. of America
has the balls to think they can censor the Internet, but they contend that "As a matter of fact, copyright itself was written into the Constitution before the Framers ever even got to the first 10 amendments."
Therefore, the RIAA reserves for itself the right to determine which Internet websites you may view. Please discuss.
Is our legal system asleep at the wheel?
A Michigan auto dealership that failed to complete the title transfer on a car involved in a fatal accident has been hit with a $12 million jury verdict.
Asbestos: The $200 Billion Miscarriage of Justice
The original "mass tort" is bringing down companies faster than you can say "Enron." Since January 2000, 16 asbestos defendant companies have filed for Chapter 11 protection, including Owens Corning, Federal Mogul, W.R. Grace, and USG Corp. Here’s a disaster that’s so screwed-up, and gathering such momentum, that "lawyers who represent the truly ill are teaming up with asbestos defendants to demand reform. They fear that the marginally impaired plaintiffs will drive so many defendants bankrupt that the genuinely sick and dying will have no one left to collect from." And if you’re tempted to dismiss this as just deserts for "evil corporations," bear in mind that, like Enron, asbestos defendants are made up of thousands of workers, many of whom staked their future on pensions and company stock: "At the time of Federal-Mogul's bankruptcy filing this past October, all-too-loyal employees held 16% of the company's stock, which had lost 99% of its value since January 1999. About 14% of Owens Corning's shares--which lost 97% of their value in the two years before its filing--were owned by employees. But those employees' losses have thus far gone unbemoaned by Congress." [more inside…]
of the Cheney/GAO tussle by someone who knows a thing or two about cover-ups: John Dean.
BROWN v. MUHLENBERG TOWNSHIP
A municipal law enforcement officer violates the Fourth Amendment when he intentionally and repeatedly shoots a pet without any provocation and with knowledge that it belonged to a family readily available to take
Apple lawyers target Mac Themes Project
-- Apple has issued a cease and desist order against Mac Themes Project (MTP) for creating a theme editor. Apple claims the editor enables third parties to copy its copyrighted trademark themes by "improperly copying Apple's copyrighted software code and graphic files".
Adobe sues Macromedia over infringement of their patented tabbed palettes.
"Adobe filed a lawsuit against Macromedia® alleging infringement of our intellectual property, specifically our patented tabbed palette, which is a key user interface element and method invented by Adobe and incorporated into our products."
Watch out for me I sue.
This is precisely the kind of madness that needs to end...I thought you learned to tie your shoes in 1st grade.
Yahoo! is being sued