My occasional take on important, cutting-edge or interesting legal news:
Legal News
Legal News
April 7th, 2014
The U.S. Supreme Court declined to take up the case of a New Mexico wedding photographer who refused to work at a same-sex wedding ceremony, USA Today reports: "The case would have posed an important constitutional question with potentially sweeping implications: whether merchants whose products are inherently expressive must serve customers even when it conflicts with their beliefs." The New Mexico Supreme Court ruled that turning... Continue Reading
April 7th, 2014
A federal judge is planning to strike as unconstitutional "'under all circumstances'" Ohio's ban on same-sex marriage, Reuters reports. U.S. District Judge Timothy Black previously ruled in favor of the plaintiffs in order to allow same-sex widowers married outside of Ohio to be listed on their husbands' death certificates, Reuters also reports. Continue Reading
April 5th, 2014
Last year, a Colorado judge ruled that a baker violated Colorado law when he declined to bake a wedding cake for a same-sex couple, the Associated Press reports in an interesting profile of the deeply-felt beliefs of the couple that was refused service and the baker who refused them service becuase of his Christian beliefs. The judge ruled that the state law that forbids refusal of service based on sexual orientation was violated, the AP... Continue Reading
April 3rd, 2014
A deceased Alabama man's same-sex spouse is seeking to overturn Alabama's ban on same-sex marriage and have their marriage in Massachusetts recognized for purposes of settling his estate, the Associated Press reports. But the man's mother opposes same-sex marriage and has intervened to prevent her son's estate being shared with his widower. Continue Reading
April 3rd, 2014
Barrett Brown, a journalist and activist who used crowdsourcing to investigate leaked information about private security firm Stratfor, has taken a plea deal with prosecutors, Wired reports: In a court document superseding two of Brown's previous three indictments, "the government charges Brown with two crimes: allegedly assisting the person who hacked Stratfor after the fact, and obstructing the execution of a search... Continue Reading
April 2nd, 2014
An Alabama blogger was released from jail after being held in contempt for five months for not taking down blog posts that a judge had ruled defamed the son of a former Alabama governor, AL.com reports.
The spouse of Roger Shuler, who blogs at Legal Schnauzer, removed most of the subject matter covered by the judge's permanent injunction, AL.com reported. That led to the judge ordering Shuler's release.... Continue Reading
April 2nd, 2014
The U.S. Supreme Court, 5-4, has struck down overall limits on campaign contributions to candidates, political parties and political action committees, the Associated Press reports. Chief Justice John Roberts, writing for the conservative majority, said the overall limits intrude without justification on First Amendment activities. The court preserved a cap on donations to a single candidate, the AP further reports. Continue Reading
April 1st, 2014
The U.S. Supreme Court has agreed to take up a case involving Teva Pharmaceutical Industries Ltd.'s top selling drug, Copaxone, The Philadelphia Inquirer reports. The case could impact patent litigation, including because Teva asked the Supreme Court to require the Federal Circuit to be more deferential to lower court ruings. Continue Reading
April 1st, 2014
U.S. District Judge Lewis Kaplan has ruled that Chevron can sue law firm Patton Boggs "for fraud, malicious prosecution and making false statements to the New York court during the titanic legal battle between the U.S. oil giant and one of Washington’s most prestigious law and lobbying firms," The Washington Post reports.
Patton Boggs was hired by Ecuadorian villagers to come up with a strategy to enforce the $18... Continue Reading
April 1st, 2014
The U.S. Supreme Court seemed skeptical of changing how software patents are enforced during oral argument Monday, Re/code reports: "On Monday, the court heard arguments in a case that could have far-reaching implications for the software industry, as the justices took up the issue of whether the Patent Act authorizes the granting of patents on software based on abstract ideas."
Alice Corp. argues that its patents for... Continue Reading
March 31st, 2014
The U.S. Supreme Court will hear a case next month that could shape the future of broadcast TV and the contours of copyright law. Aereo, an Internet start-up that streams free broadcast TV over the Internet, argues that a ruling against it would "cripple the entire cloud industry," The Hill reports. Broadcasters argue the streaming services violates their copyrights in their programming. Continue Reading
March 30th, 2014
The U.S. Supreme Court is slated to hear arguments tomorrow on whether software can continue to be patented, The Washington Post reports: "The case, Alice Corp. v. CLS Bank, focuses on software built to eliminate 'settlement risk' in currency and financial transactions where money is held in escrow and one party could renege on a deal and leave the other holding the bag. Alice Corp. claims that CLS Bank offers a service... Continue Reading
March 30th, 2014
Last week, a divided Pennsylvania Supreme Court dismissed a case challenging the constitutionality of paying flat fees to Philadelphia defense counsel in capital cases, The Legal Intelligencer's P.J. D'Annunzio reports. Mark Bookman, one of the lawyers who brought the case, told The Legal "'the Pennsylvania Supreme Court had a real opportunity to bring Philadelphia up to, or at least closer to, national standards on how you... Continue Reading
March 27th, 2014
The U.S. Supreme Court "appeared likely on Wednesday to protect Secret Service agents from being sued for violating the free speech rights of demonstrators. During arguments in Wood v. Moss, justices of all stripes seemed ready to defer to the Secret Service's need to make split-second decisions to protect the president, without being second-guessed in court," Supreme Court Brief's Tony Mauro reported. Continue Reading
March 26th, 2014
The U.S. Supreme Court appeared split on whether private for-profit companies have to provide insurance coverage for contraceptives to their employees, even if it violates their owners' religious beliefs, the Christian Science Monitor reports. Swing vote Justice Anthony Kennedy "asked skeptical questions of both sides, but one interaction with US Solicitor General Donald Verrilli might signal trouble for the Obama administration... Continue Reading
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