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DSS wins patent lawsuit in Germany
Patent Law | 2007/03/26 15:19

The German Federal Patent Court today upheld a patent held by Rochester’s Document Security Systems Inc. on a technique used on billions of euro banknotes to thwart counterfeiting.

The ruling in Munich dealt a blow to the European Central Bank, which a day ago had won a similar case in London.

“This is a major victory for our shareholders as it substantiates the power of our intellectual property portfolio,” Patrick White, Document Security Systems CEO, said in the statement.

The Munich ruling was part of a series of lawsuits across Europe, including France, Spain and the Netherlands, that the central bank has filed in a bid to overturn the patent.

DSS has a patent infringement case pending against the central bank at the European Court of First Instance.

The company’s shares were up $2.61 to $11.21 in afternoon trading in New York.



Majority of Med Mal Claims Close Without Payment
Medical Malpractice | 2007/03/26 14:36

The majority of medical malpractice claims in a study of seven states were closed without any compensation paid to those claiming a medical injury, the Justice Department's Bureau of Justice Statistics (BJS) reported.

BJS conducted a study of medical malpractice insurance claims that were closed from 2000 through 2004 in Florida, Illinois, Maine, Massachusetts, Missouri, Nevada and Texas. These states were identified as having comprehensive medical malpractice insurance claims databases, some of which extended back to the early 1990s.

About one-third of the medical malpractice insurance claims closed in Maine, Missouri and Nevada resulted in a payout. In Illinois about 12 percent of closed claims ended in a payout.

Few medical malpractice insurance claims produced payouts that exceeded $1 million. Less than 10 percent of the claims in Florida, Maine, Missouri and Nevada had payouts of $1 million or more. In Florida, Maine and Missouri, about two-thirds of the claims were closed with insurance payouts of less than $250,000.

Among persons receiving compensation, insurance payouts were highest for claimants who suffered lifelong major or grave permanent injuries. In Florida and Missouri, claimants with these types of injuries received median payouts ranging from $278,000 to $350,000. Insurance payouts were lowest for claimants who suffered temporary or emotional injuries. In Florida and Missouri, claimants who suffered these types of injuries received median payouts ranging from $5,000 to $79,000.

Medical malpractice insurance payouts increased as the insurance claims advanced through the legal system. Payouts were typically lowest for claims closed prior to the filing of a lawsuit and highest for claims closed after trial. In Florida, Nevada and Texas, claims decided by trial resulted in median payouts that were at least two and a half times larger than claims that were settled. Claims closed after a trial also cost more for insurance firms to defend than claims settled at or prior to a trial. In Florida, Nevada and Texas, 95 percent or more of medical malpractice claims were settled prior to a trial decision before a jury or judge.

The median damages paid to medical malpractice claimants have increased since the early to late 1990s. In Missouri, for example, the median insurance payouts grew from $33,000 in 1990 to $150,000 in 2004. During the various time periods covered by these insurance claim databases, median payouts also increased by 57 percent in Massachusetts, 49 percent in Illinois, 36 percent in Florida, 26 percent in Nevada and 27 percent in Texas.

In general, claimants did not file medical malpractice claims with insurance companies immediately after an injury. In Florida, Missouri and Texas, medical malpractice claims were filed with insurance companies an average of about 15 to 18 months after injury. After the claim was received, it took an average of 26 to 29 additional months to close the claim in these states.



Lakin firm plans to stay put despite eviction notice
Legal Business | 2007/03/26 14:35

BP America, landlord of the Lakin Law Firm, intends to evict the firm from its office in Wood River in about 90 days.

The Lakin firm intends to stay. The firm filed a complaint in Madison County circuit court March 21, seeking to extend its lease at 301 Evans Avenue for five years.

For the Lakin firm, Charles Chapman wrote that, "Plaintiff will suffer irreparable injury if this Court does not enter an injunction prohibiting Defendant from taking any actions to evict Plaintiff from the Leased Premises on or after June 30."

The property once served as office and warehouse for a refinery, and it looks more like an industrial plant than headquarters of a famous law firm.

Petrochemical pipes point toward the building. Docking structures stand by it. Three pairs of railroad tracks run by it.

At a bend in Evans Avenue, a broad asphalt apron leads to an entrance that the Lakin firm shares with oil company Atlantic Richfield.

According to Chapman's complaint, law firm founder Tom Lakin signed a 10-year lease with Amoco Petroleum Additives Company in 1996.

Amoco Petroleum Additives did not own the property, but leased it from Amoco Oil Company.

The lease gave Lakin 29,000 square feet of warehouse space and 22,000 square feet of office space, for a total of 51,000 square feet.

Rent started at $105,000 a year, a bargain rate at $2.06 per square foot.

The lease provided annual consumer price adjustments.

It gave the Lakin firm options for two five year extensions.

The lease began to run July 1, 1997. At some point, it passed to Amoco Remediation Management Services Corporation.

According to Chapman, the firm sent an option notice to Amoco Oil in Wood River in March 2006, and Amoco Oil forwarded it to Elizabeth Yordanoff, BP America managing attorney in Warrenville, Illinois.

He wrote, "Defendant did not respond to the option notice until Feb. 9, 2007, when defendant advised plaintiff, via a telephone call, that defendant was not interested in a long term lease and will not consent to the option…"

He wrote that on Feb. 23, Yordanoff advised the firm that BP America would not extend the lease because it planned to sell the property.

He wrote that Yordanoff offered to extend the lease to Dec. 31.

Chapman asked for declaratory judgment extending the lease to 2012. He wrote, "Plaintiff has complied with all prerequisites to exercise the option."

He wrote, "…the parties reasonably expected that plaintiff would exercise the option and that defendant would consent to the option."

He wrote that by delaying a response to the option notice for a year, BP America waived a provision conditioning the option on its consent.

Chapman also claimed breach of contract.

He wrote, "Plaintiff has sustained damages and will sustain damages if it is forced to move out of the premises at issue before June 30, 2012."

Chapman filed the suit on the miscellaneous remedies docket. Unelected associate judges hear "MR" cases.

As of March 26, Chief Judge Ann Callis had not assigned a judge.

If BP America dislodges the Lakin firm, Chapman will have to leave too.

He practices in the Lakin building, not as a member of the firm but as Charles W. Chapman, Chartered.



U.S. top court to rule on child pornography law
Breaking Legal News | 2007/03/26 14:17

The U.S. Supreme Court said on Monday it would decide whether a federal law prohibiting child pornography illegally infringes on free-speech or other rights guaranteed by the U.S. Constitution. The high court agreed to hear a Bush administration appeal of a ruling that struck down part of the 2003 law as unconstitutional because it was too broad and vague.

A so-called pandering provision makes it a crime to promote, distribute or solicit material in a way intended to cause others to believe it contains child pornography. It carries a sentence of at least five years in prison.

The Supreme Court in 2002 struck down an earlier version of the law that included computer generated images that appeared to depict minors engaged in sexually explicit conduct.

Congress then adopted new legislation in 2003, which President George W. Bush signed into law, in an effort to comply with the Supreme Court's ruling.

But a U.S. appeals court in Atlanta ruled the law still did not pass constitutional muster and violated guarantees that the government cannot suppress lawful free speech.

The Bush administration told the Supreme Court the ruling interfered with the effort by Congress to suppress the market for child pornography. 



Japan PM issues guarded apology to 'comfort women'
International | 2007/03/26 11:15

Japanese Prime Minister Shinzo Abe expressed his sympathy and apologized Monday for the "situation" faced by so-called Korean and Chinese "comfort women" who were forced into sexual slavery during World War II. Abe stopped short of explicitly acknowledging the alleged roles of the wartime military and government in Japan in facilitating the practice. Until this point, Abe has been one of a number of politicians pushing for the government to revisit an official apology issued to victims in 1993 that was never ratified by the Japanese parliament.

Earlier this month, Abe denied allegations of forced sexual slavery in Imperial Japanese Army brothels, saying instead that the women were professional prostitutes paid for their services. A Japanese government probe this month also denied finding any evidence of forced prostitution.



Duke Lacrosse Case Lawyer Osborn Dead
Legal Careers News | 2007/03/26 10:39
J. Kirk Osborn, a Chapel Hill, N.C., lawyer who defended one of the Duke University lacrosse players accused of rape, has died after a heart attack at 64. Osborn's wife, Tania, said the lawyer suffered a heart attack Friday and died early Sunday morning, the Charlotte (N.C.) News & Observer reported Monday.

The attorney took on the case of Reade Seligmann, one of three Duke lacrosse players accused of sexually assaulting an escort service dancer, in 2006.

"Kirk stood up for Reade at great personal cost," the Seligmann family said in a statement. "He passionately believed that the truth would emerge."

Tania Osborn said her husband was particularly proud of the fact that despite defending a dozen or more suspects in capital crimes, none of his clients were ever sent to death row.

"He hated injustice. That was the essence of his life," said Ernest "Buddy" Conner, a Greenville lawyer and friend of Osborn who worked multiple cases with him. "He carried a tremendous amount of credibility, but he did it without getting all angry and aggressive and arrogant."

Osborn is survived by his wife and two daughters.



Judge Denies Class-action Katrina Claim
Breaking Legal News | 2007/03/26 10:32

A federal judge in Gulfport, Miss., denied class-action status in a Hurricane Katrina damage lawsuit against State Farm insurance company.

Judge L.T. Senter Jr., rejected grouping claims in one lawsuit because a "sweeping relief," as he called it, would prevent State Farm from meeting the burden of proof of cause because of "possible variations" in claims.

Claimant Judy Guice had sought the class-action grouping, a move objected to by State Farm, the Biloxi Sun Herald said.

The insurance company fought grouping claims for legal purposes and wants to handle each separately. No two owners, it says, had the same type of loss, whether from wind or water or what ratio of each destroyed homes during the storm.



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