Yesterday, the Supreme court granted certiorari to several of the challenges to the constitutionality of the Affordable Care Act. Here's a great roundup of several news stories. I like the NPR story for a quick summary of the issues. The Court will hear a total of 5.5 hours of oral argument, and a decision is expected by the end of the current term, in June.
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.
A Detroit woman has filed suit against the makers of the Drive, because the movie's trailer led her to believe the film was a Fast and Furious-style action romp and not a Cannes-award-winning art-house meditation on violence. [more inside]
Donald Thomas "Tom" Scholz (born 10 March 1947) is an American rock musician, songwriter, guitarist, pianist, inventor, and mechanical engineer, best known as the founder of the hard rock band Boston. He is also the inventor of the Rockman guitar amplifier. [more inside]
TARP is winding down...bring on the lawsuits. Within the next week, the US government is set to sue a dozen banks for billions in losses caused by those banks' misrepresenting the risks of mortgage-backed securities. This is in addition to numerous State Attorneys General suing the banks for failing to reach an agreement in foreclosure abuses. Insurance giant AIG will also be suing BofA to recoup losses over the mortgage bonds. BofA had also agreed to a settlement of $8.5 billion to cover losses from soured mortgage debt issued through Countrywide. Deutsche Bank is suing WaMu. Goldman Sachs already settled with the SEC for $500 million for their fraud and have been sued by othersseeking to recover losses. [more inside]
In December 2010, a Koch Industries press release spoof (Scribd; alt: screencap) was posted on a website that mimicked the appearance of the official site for Koch Industries. The press release stated that Koch would no longer support research and advocacy initiatives that denied or questioned the human role in climate change. The press release was quickly identified as a hoax, and both the fake press release and site disappeared quickly, yet the Koch company pursued the identities of those behind the stunt, going as far as to file a lawsuit to expose the anonymous pranksters as part of a larger lawsuit. This past Monday, the lawsuit was thrown out of court in Utah, with the judge citing that parody is not commercial speech, and thus a First Amendment issue. [more inside]
Thank you for visiting HuffingtonPostLawsuit.com. On April 12, 2011 Plaintiff Jonathan Tasini, individually and on behalf of all others similarly situated, filed a federal class action lawsuit against The HuffingtonPost.com, Inc., AOL Inc., Arianna Huffington and Kenneth Lerer for unjust enrichment and deceptive business practices. For more information, please see a copy of the complaint or contact Kurzon Strauss LLP.
Over the years, he's become so well versed in restaurant labor law that his attorneys don't even charge him for filing lawsuits anymore. 'They take them on spec,' he boasts. 'By now, they know that if I file something, it's legit.' Eddie Santana, restaurant rebel, has filed 30 lawsuits against companies — nearly all restaurants and bars — for everything from illegal tip pools to excessive uniform costs. He's netted $144,924.79 after attorney fees from 20 separate settlements. And from the nine suits still pending, he hopes to make another $100,000, if not more.
In late December 2010, fail0verflow, a team of European hackers, demonstrated that the Playstation 3's security was fundamentally flawed and managed to obtain the encryption key used by the device (see previous discussion). Utilizing the techniques developed by the fail0verflow team, iPhone hacker George Hotz released the encryption key publically, which enables the execution of arbitrary code on the console. Now Sony is suing both George Hotz and members of the fail0verflow team. [more inside]
New York Times business columnist Joe Nocera's column last weekend excoriated HP and SAP, and presented Oracle in a positive light. One problem: Nocera's fiancee is the PR person for Oracle's lead attorney in its lawsuit against SAP. Woops. (via gawker)
A St. Louis woman lost her lawsuit yesterday against Girls Gone Wild. She was dancing in a bar while the crew was filming, and repeatedly refused to flash her breasts, saying "No, no" to the camera. Her top was then pulled down by another woman, and the footage was used without any signed release or the woman's consent. After deliberating for 90 minutes, the jury decided that "Through her actions, she gave implied consent... She knew what she was doing." (Previously.) (Previously.)
The RIAA paid Holmes Roberts & Owen $9,364,901 in 2008, Jenner & Block more than $7,000,000, and Cravath Swain & Moore $1.25 million, to pursue its "copyright infringement" claims, in order to recover a mere $391,000. ... for a 3 year period, they spent around $64,000,000 in legal and investigative expenses to recover around $1,361,000. (via Slashdot)
Five members of the Quinnipiac University women's volleyball team, and the team's coach, have sued the school for dismantling the team to use the money for a cheerleading squad. More on the legal background of the case. Quinnipiac has been also been accused of cooking the roster books--triple counting track/field athletes--to inflate the number of female athletes. [more inside]
Home Depot 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]
Provoking pro-choice advocates, Oklahoma passed two highly restrictive abortion laws on Tuesday. One (rtf file) requires doctors to show women an ultrasound of their fetus and point out its physical characteristics — even if the patient was impregnated through rape or incest. The second (rtf file) stipulates that doctors cannot be sued if they decide to lie to an expectant mother regarding her baby's birth defects. A third requires clinics to post signs telling patients they cannot be forced to have an abortion. The first law prompted an immediate lawsuit from Tulsa's only abortion clinic. [more inside]
SEC sues Goldman Sachs for fraud. GS has already come under fire for "betting against" financial products it was marketing, a practice that apparently helped it prosper from the real estate bubble but come out relatively unscathed. The SEC now says that one such product was designed specifically so that a Goldman business partner, Paulson & Company, could take a short position on it. Investors were apparently not advised of this fact. Goldman's stock was off more than 10% in the half hour following the announcement. [more inside]
ColdChef (2006): "Also, Dr. Ivor van Heerden is the fucking man. And he wrote a hell of a book, which will probably eventually get him fired." It did. van Heerden is suing LSU for wrongful termination, and the AAUP is investigating. [more inside]
If hundreds of innocent individuals had to suffer in order to detain a handful of hardcore terrorists, so be it.
"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)
Followup to this post: A US District Court has ruled that Myriad Genetic's patents on breast cancer genes BRCA1 and BRCA2, which allow them to hold exclusive rights to a widely used genetic test for inherited breast and ovarian cancer susceptibility, are invalid. Genomics Law Report analyzes the ruling in two posts. The decision is likely to be challenged in a legal appeal — but if upheld, it could have huge implications for the biotechnology industry. [more inside]
Google Alleges That Viacom ‘Secretly Uploaded Its Content to YouTube, Even While Publicly Complaining About Its Presence There’ Zahavah Levine, chief counsel for YouTube in its litigation with Viacom, explains:
For years, Viacom continuously and secretly uploaded its content to YouTube, even while publicly complaining about its presence there. […] Viacom’s efforts to disguise its promotional use of YouTube worked so well that even its own employees could not keep track of everything it was posting or leaving up on the site. As a result, on countless occasions Viacom demanded the removal of clips that it had uploaded to YouTube, only to return later to sheepishly ask for their reinstatement. In fact, some of the very clips that Viacom is suing us over were actually uploaded by Viacom itself.[via DF]
One World Technologies, manufacturer of Ryobi tools, has been ordered to pay damages of US$1.5 million to Carlos Osorio who injured his fingers while using a Ryobi table saw. The case hinged on the Ryobi's lack of "flesh sensing technology" which is found only SawStop's [previously] saws. [more inside]
Yelp facing class-action lawsuit over extortive ad sales. "The victims tend to be small businesses, such as our client, who often have no choice but to pay Yelp exorbitant sums in order to prevent further harm to their livelihoods." First reported a year ago in the East Bay Express, "Several business owners likened Yelp to the Mafia, and one said she feared its retaliation."
The Donald Sterling Rule "Los Angeles Clippers owner Donald Sterling lives by his own rules. And the only one that matters, apparently, is this: all bad deeds go unpunished. Over the last six years, nearly two dozen L.A. residents have sued Sterling for engaging in racist housing practices and Jim Crow-style bigotry. In a 2003 deposition, the 76-year-old real estate mogul admitted to paying a former employee to have sex with him in an elevator. Three years ago, the U.S. government charged him with "willful" mistreatment of African-American and Latino tenants, and earlier this month, he agreed to pay the Dept. of Justice nearly $3 million to settle a federal racial-discrimination housing lawsuit, the largest award ever for a case of its kind." So why, asks California's Tenants Together, has the NBA said nothing about Sterling's less than sterling behavior? [more inside]
Samoan government Minister Hans Joachim "Joe" Keil is suing US immigration agents and the State Department. [more inside]
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.
A U.S. District Court judge recently dismissed a complaint filed by a woman who said she had purchased and eaten "Cap'n Crunch with Crunchberries" for four years because she believed "crunchberries" were real fruit. [more inside]
On behalf of medical organizations, universities, & individual patients, pathologists and genetics researchers, the ACLU has filed a lawsuit against Utah-based Myriad Genetics and the US Patent and Trademark Office. Myriad holds the US patents to the BRCA1 and BRCA2 genes, associated with hereditary causes of breast and ovarian cancers. Their patents guarantee the company the right to prevent anyone else from testing or studying those genes, which the ACLU says is unconstitutional and inhibits researchers from finding treatments and cures. [more inside]
James Corbett, a California high-school educator of twenty years, has been found guilty of violating the establishment clause of the first amendment. The lawsuit (PDF) was brought to a U.S. District Court on December 12th, 2007 by student Chad Farnan and his parents with the aid of the legal group 'Advocates for Faith and Freedom' against Corbett and the Capistrano Unified School District as a result of comments made which were critical of Christianity. During the sixteen month legal battle, hundreds of students in support of the teacher demonstrated outside the school while the Farnan family appealed to opinion outlets like 'The O'Reilly Factor'. [more inside]
1) American Apparel uses stills from Annie Hall in an ad campaign. 2) Woody Allen sues American Apparel for $10M+. 3) American Apparel stays classy.
Today has turned into a real-life nightmare. I wish I could wake up. This nightmare started 9 months ago and has been recurring ever since.
Designer Jon Engle is being billed $18,000 by stockart.com. Some people are trying to save Jon. [more inside]
Designer Jon Engle is being billed $18,000 by stockart.com. Some people are trying to save Jon. [more inside]
One year ago this week Lawrence King an openly gay middle-schooler in Oxnard, CA was murdered by a fellow student. In the midst of discussion of the legacy of this tragedy and remembrances of Larry his parents have filed a wrongful death suit. The lawsuit names several defendants including, Casa Pacifica, a youth shelter Larry where lived at the time of his death, the Ventura Rainbow Coalition, and the school in which the shooting occurred. The lawsuit's main contention is that each of these groups are responsible for Larry's death because they "failed to urge the effeminate teen to tone down flamboyant behavior."
A clinic nurse first removed her intrauterine birth-control device without permission, says the patient in a federal action, then told her that "having the IUD come out was a good thing," because "I personally do not like IUDs. I feel they are a type of abortion. I don't know how you feel about abortion, but I am against them."
Guitarist Joe Satriani sues Coldplay over Viva La Vida (audio). Satriani's version: If I Could Fly (audio).
Wendy Whitaker is a sex offender. At 17, she had oral sex with a boy, just shy of his 16th birthday. She's losing her house because she cannot live within 1000 feet of any area where children congregate, and the local church runs an unadvertised daycare. In 2006 she sued over the residency restrictions. Last Thursday, she lost. She filed a new lawsuit, saying that her sex offender status is cruel and unusual punishment. [more inside]
Hall & Oates are suing their publisher, Warner/Chappell Music Inc., claiming the publisher failed to enforce the copyright on their song "Maneater" and sue an unnamed singer-songwriter (quite possibly Nelly Furtado) for infringement. The only problem is, Timbaland and Nate "Danja" Hills - the composers of the Furtado track - also work for Warner/Chappel Music. What happens when publishers don't protect songwriters from other songwriters working for the same publisher.
Considering DVDs seem a bit long in the tooth, this recent foray into the world of DVD ripping seemed a thinly veiled attempt to pick a fight with the MPAA. After invoking the Glaser Doctrine this morning, guess they got what they wanted. [more inside]
An important class action lawsuit was settled today when Target agreed to pay $6 million in damages to the plaintiffs (National Federation of the Blind, et al.) because these disabled users could not shop on the Target.com site. Here is a collection of legal
mumbo jumbo materials. [more inside]
The sad day has come: Facebook has shut down Scrabulous. Read the complaint here (PDF). Those suffering from withdrawal can head on over to Scrabulous.com. [more inside]
Fifty Norwegian artists (including the national symphony orchestra KORK), who recorded Prince covers in honor of his 50th birthday June 7, have been slapped with a lawsuit by the short-tempered star. For now, all 81 songs can be previewed free on C+C Records' website, and some are also available on MySpace in streamable medley form. Source.
Claiming "complete rip-off" of their iconic image and sound, Devo are suing McDonald's over the "New Wave Nigel" included with the American Idol Happy Meal. See the video of Nigel in action. "They didn't ask us anything," Gerard Casale told Australian Associated Press. "Plus, we don't like McDonald's, and we don't like American Idol, so we're doubly offended."
All One God Faith, maker's of Dr. Bronner's Magic Soap, are suing thirteen cosmetic brands for using the term "organic" on products that include petroleum-based ingredients. And now, Olympic gold medalist Mark Spitz is suing them for using his name on their unique bottle labels (where he appears alongside folks like Jesus, Mohammed and Einstein). [more inside]
Kathleen is the owner of neurodiversity.com, one of the most comprehensive resources online in the topic of Autism Spectrum Disorders. Neurodiversity is just one person with a domain name and a computer, not a corporation, or a money-making enterprise, but apparently having good research skills and a willingness to share what you know is becoming legally problematic. Last week, Kathleen has received a subpoena commanding her to appear for deposition and document production in Rev. Lisa Sykes and Seth Sykes’ $20,000,000 personal injury lawsuit, Sykes v. Bayer. [more inside]
An associate professor and former librarian is collecting education copyright infringement cases in a database. [more inside]
Everyone's favorite pro se plaintiff, Jonathan Lee Riches, whose complaints have previously graced Metafilter's front page, has filed a sexual harassment lawsuit [pdf] against Eliot Spitzer. [more inside]
Woman sues American Airlines for not preventing in-flight masturbation. Oh sure, they can tell breastfeeding mothers to cover up, but when it comes to American Airlines and a fellow passenger ejaculating into a sleeping female passenger's hair? No problem!
Sandra Bergen sued her dealer after she suffered a heart attack and spent 11 days in a coma because of crystal meth. Her full website. What people think.
The Recording Industry Association of America are seeking damages in a federal case against Jeffrey Howell, who kept a collection of about 2,000 recordings on his PC. The RIAA's lawyer states that the files Howell made on his computer from legally purchased CDs are "unauthorized copies" of copyrighted recordings.
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."