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Microsoft Asks Court To Reconsider Word Ruling
Patent Law |
2010/01/09 11:16
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Microsoft on Friday mounted a last-ditch effort to get a U.S. Federal Circuit Court of Appeals to reconsider its ruling in a long-running patent infringement case involving its Word software.
Last month, the court denied Microsoft's appeal of an injunction in the case involving Toronto-based firm i4i, which last year won a $200 million court case against Microsoft pertaining to technology built into Word 2007 and Office 2007 that's used to customize XML code. That figure has since grown to $290 million in interest and fines levied by judge on the grounds of "intentional infringement." The i4i patent describes a way to manipulate the architecture and content of a document, particularly for data representation and transformation, by removing dependency on document-encoding technology. After last month's ruling, Microsoft said it would remove the disputed feature from new copies of Word 2007 and Office 2007 and have them ready for sale in time for the court ordered Jan. 11 deadline. Nonetheless, Microsoft has insisted all along that it's not guilty of infringement and is taking one last stab at getting the judge to see things its way.
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Tops Markets to pay $85M for Penn Traffic's supermarkets
Bankruptcy |
2010/01/09 10:28
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Tops Friendly Markets said Friday it is buying all 79 stores run by bankrupt rival Penn Traffic Co. for $85 million in cash, a move that would deepen its roots in New York and Pennsylvania and extend its reach into other Northeastern states. Tops, a 76-store chain based in suburban Buffalo, said its bid has been accepted by Syracuse-based Penn Traffic and recommended to the U.S. Bankruptcy Court in Wilmington, Del., for approval. A judge met with lawyers for two hours Friday to discuss the proposed deal, then adjourned the hearing until Monday. "The court proceeding went as expected, and our goal to see a bid chosen that will save the greatest number of stores and jobs is on track," said Sen. Charles Schumer, D-N.Y. Along with its cash offer, Tops said it would eliminate about $100 million in unsecured claims against Penn Traffic's estate. That includes a $72 million claim for withdrawal liability from the United Food and Commercial Workers Union, which represents all of Tops' work force and about 85 percent of Penn Traffic's.
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Court Rules in Favor of Octuplets Mom Suleman
Court Watch |
2010/01/09 10:16
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A California appeals court ruled in favor of octuplets mother Nadya Suleman Friday, denying a call for an independent guardian to monitor her children's finances. The 4th District Court of Appeal in Santa Ana called the petition an "unprecedented, meritless effort by a stranger" and directed an Orange County probate court to vacate its order for an investigation into the family's finances. Paul Petersen, an advocate for children in the entertainment industry, argued that Suleman's children were vulnerable and that an independent guardian should be appointed to look after their financial interests. The appeals court said the probate judge erred because Petersen failed to show that Suleman was engaging in financial misconduct. Suleman gave birth to octuplets on Jan. 26, 2009. The medical curiosity of their delivery turned to public outrage when it was learned that the single, unemployed mother had been caring for her six other children with the help of food stamps and Social Security disability payments for three of the youngsters. |
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Doctor gets 5 years in prison for road rage
Court Watch |
2010/01/08 14:24
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A former emergency room doctor who deliberately braked in front of two bicyclists, causing them to crash and suffer serious injuries in the road rage incident, was sentenced Friday to five years in prison. Christopher Thomas Thompson, 60, was sentenced in Los Angeles County Superior Court. He was in tears as he apologized to the victims. "The physical and mental scars are my fault," he said, telling them that he has recurring nightmares about one of the cyclists crashing through the windshield of his car. But Los Angeles Superior Court Judge Scott Millington said he was concerned about a lack of remorse. The defendant was apologetic today, but remarks he made soon after the crash indicated otherwise, the judge said. Thompson, who worked at Beverly Hospital in Montebello, has been jailed since he was convicted in November of assault with a deadly weapon, battery with serious bodily injury, reckless driving and mayhem. Prosecutors say he had argued with the two cyclists before suddenly slamming on his brakes in front of them on Mandeville Canyon Road on July 4, 2008, causing them to crash and suffer serious injuries. One cyclist who went through the car window suffered broken teeth, cuts and had to have his nose reattached. The other cyclist suffered a separated shoulder after crashing to the pavement.
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Kroger settles with Calif. law firm
Legal Business |
2010/01/08 12:25
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Under terms of a settlement announced by Oregon Attorney General John Kroger, a California law firm is prohibited from providing loan modifications in Oregon and is required to pay $28,857. "I will not hesitate to take action against companies that attempt to take advantage of Oregon homeowners in distress," Kroger said. The settlement followed an Oregon Department of Justice investigation that determined The USMAC Law Group had violated state law by collecting advance fees for loan modifications to prevent foreclosure sales. The DOJ's investigation also focused on alleged non-compliant contract language and deceptive infomercial advertisements for the firm's loan modification program that aired nationally on satellite television. Loan modification companies are prohibited from collecting advance fees and using confusing contract language by the 2008 Oregon Mortgage Rescue Fraud protection Act. The USMAC Law Group will provide $6,857 in refunds to two Oregon consumers and an additional nine Oregon consumers who contracted with The USMAC Law Group may also be eligible for refunds. The remaining $22,000 will be paid to the Oregon Department of Justice. No wrongdoing was admitted by The USMAC Law Group in agreeing to the settlement. The settlement with The USMAC Law Group comes as part of a crack down on unscrupulous loan modification work to fight the foreclosure crisis by the Department of Justice, the Department of Consumer and Business Services, the Oregon Legislature and consumer groups, Kroger said.
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Identifying Swiss bank clients broke secrecy law
Court Watch |
2010/01/08 11:21
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A Swiss court ruled that the nation's top financial regulator acted in an "unlawful" manner when it forced UBS AG to release client data to U.S. authorities, reigniting a debate over bank-secrecy practices. The decision, if upheld, could complicate efforts to extract client data by tax authorities in other countries. Private bankers have argued that whittling away Switzerland's banking-privacy laws has led to withdrawals by wealthy individuals. Nearly one year ago, Finma, the Swiss financial-services regulator, ordered UBS to hand over details on nearly 300 accounts to U.S. authorities in order to settle a tax dispute. The regulator said it had to move quickly because, according to Swiss officials, U.S. authorities were threatening to indict the bank over the tax issue. Finma argued that a potential indictment was a "clear and present" danger that UBS might not survive. Moreover, Finma added, UBS already had admitted to aiding tax fraud through hidden offshore accounts. The court disagreed, saying Finma had exceeded its authority and should have referred the matter to the government. The government backed Finma's move last February.
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Court to FCC: You Don’t Have Power to Enforce Net
Breaking Legal News |
2010/01/08 09:20
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A federal appeals court gave notice Friday it likely would reject the Federal Communications Commission’s authority to sanction Comcast for throttling peer-to-peer applications. The U.S. Court of Appeals for the District of Columbia Circuit suggested as much during oral arguments from the FCC and Comcast. The Philadelphia-based cable concern is appealing the agency’s 2008 decision ordering it to stop hampering the peer-to-peer service BitTorrent as a traffic-management practice. The move was in response to complaints Comcast was sending fake signals to users of BitTorrent, a bandwidth-heavy protocol often used to pirate copyright content.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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