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NYC club bouncer guilty in Boston student's death
Court Watch | 2009/06/04 04:16
A Manhattan nightclub bouncer has been convicted of first-degree murder in the slaying of a graduate student from Boston.


Darryl Littlejohn looked straight ahead as the jury verdict was read Wednesday.

The 44-year-old parolee faces up to life in prison in the 2006 death of criminal justice student Imette St. Guillen (ih-MET' saynt GEE'-yen) of Boston. His sentencing is set for July 8.

Littlejohn is already serving 25 years to life for kidnapping another woman.

The defense said Littlejohn was framed in the St. Guillen case, which stirred memories of New York's notorious "preppie killer" slaying and spurred a city crackdown on nightlife security.



Court orders Dish to pay $103 million to TiVo
Patent Law | 2009/06/03 09:23

A federal court has awarded TiVo $103 million plus interest in its long-running patent dispute with EchoStar Communications and ordered EchoStar to disable infringing features found on its subscribers' digital video recorders.


U.S. District Judge David Folsom on Tuesday also found EchoStar, which is now part of Dish Network, in contempt of court for violating a permanent injunction by reprogramming millions of DVRs with a new "workaround."

"The harm caused to TiVo by EchoStar's contempt is substantial," Folsom wrote. "EchoStar has gained millions of customers since this court's injunction was issued, customers that are now potentially unreachable by TiVo."

Englewood, Colo.-based Dish, which has roughly 13.6 million subscribers, said in a statement it would appeal the contempt ruling and file a motion to stay an order that requires it to disable the disputed DVR features within 30 days.

"Our engineers spent close to a year designing around TiVo's patent and removed the very features that TiVo said infringed at trial," the company said. "Existing Dish Network customers with DVRs are not immediately impacted by these recent developments."

The Alviso, Calif.-based maker of set-top boxes applauded the decision.

"We are extremely gratified by the court's well reasoned and thorough decision, in which it rejected EchoStar's attempted workaround claim regarding the TiVo patent, found EchoStar to be in contempt of court, and ordered the permanent injunction fully enforced," TiVo said in a statement. "EchoStar may attempt to further delay this case but we are very pleased the court has made it clear that there are major ramifications for continued infringement."



Appeals court upholds Chicago ban on handguns
Law Center | 2009/06/03 09:22
A federal appeals court has upheld ordinances barring the ownership of handguns in most cases in Chicago and suburban Oak Park.


The three-judge panel of the 7th U.S. Circuit Court of Appeals said Tuesday the Second Amendment guaranteeing the right to bear arms is not an adequate basis for lawsuits attacking local gun ordinances.

The National Rifle Associated argued the Second Amendment makes such ordinances unconstitutional.

The Supreme Court has ruled in a District of Columbia case that the Second Amendment entitles people to keep handguns at home for self protection. The appeals court upheld dismissal of the lawsuit on the ground that the District of Columbia, unlike Chicago and Oak Park, is a federal jurisdiction.



Appeals court to hear appeal of Chrysler sale
Breaking Legal News | 2009/06/03 09:21
A federal appeals court late Tuesday halted Chrysler's sale of the bulk of its assets to Italy's Fiat pending an appeal by a trio of Indiana state pension and construction funds.


The U.S. Court of Appeals for the Second Circuit will hear arguments in the case Friday afternoon in New York, according to the Indiana treasurer's office. Chrysler LLC had hoped to close the sale by the end of week, pending regulatory approval.

"We are pleased the Court of Appeals has agreed to hear our arguments," Indiana Treasurer Richard Mourdock said in a statement. "As we have stated from the beginning, Indiana retirees and Indiana taxpayers have suffered losses because of unprecedented and illegal acts of the federal government."

Chrysler has maintained that the deal with Fiat Group SpA is its only hope of avoiding selling itself off piece by piece. If the sale doesn't close by June 15, Fiat has the option of pulling out of the deal.

But the funds, which include the Indiana State Police Pension Fund, the Indiana Teacher's Retirement Fund, and the state's Major Moves Construction Fund, claimed that the deal as structured unfairly favors the interests of the company's unsecured stakeholders ahead of those of secured debtholders such as themselves.



Court upholds Navy cancellation of A-12 aircraft
Court Watch | 2009/06/03 04:21
Boeing Co. and General Dynamics Corp. must pay the government $2.8 billion to settle a nearly two-decade dispute over the cancellation of a Navy contract for a stealth aircraft, the U.S. Court of Appeals for the Federal Circuit ruled Tuesday.


The Navy was justified in 1991 when it opted to terminate the $4 billion contract with McDonnell Douglas and General Dynamics to build a stealth aircraft, the court said.

Chicago-based Boeing, which acquired McDonnell Douglas in 1997, said it will appeal the ruling.

The aircraft project was ended for being substantially over budget and behind schedule, according to the Justice Department. Both contractors were under a fixed-price contract to develop the A-12, a carrier-based attack aircraft.

But because of serious technical difficulties, the Pentagon refused to approve additional funding, leading the Navy to cancel the program.

In a 29-page opinion, the court explained the contractor's performance history showed that "the government was justifiably insecure about the contract's timely completion."

Both contractors are now required to repay the government more than $1.35 billion, plus interest of $1.45 billion.

Boeing had questioned whether the government owed money to both companies for work in progress when the contract was terminated.

In a statement, Boeing called for an immediate appeal of the court's ruling. Falls Church, Va.-based General Dynamics issued a statement saying it disagrees with the ruling and continues to believe that the government's default termination was not justified. The company intends to seek a re-hearing in the Federal Circuit.



Reid praises Sotomayor as 'the whole package'
Breaking Legal News | 2009/06/02 09:50
The Senate's top Democrat praised federal judge Sonia Sotomayor Tuesday as an extraordinarily well-qualified Supreme Court nominee whose background as an "underdog" appeals to Americans.


"We have the whole package here," said Sen. Harry Reid, seated beside Sotomayor before the two met in his Capitol office. He called her life story "compelling."

"America identifies with the underdog, and you've been an underdog many times in your life, but always the top dog," Reid, D-Nev., said of Sotomayor, the New York-born daughter of Puerto Rican parents who would be the first Hispanic and the third woman on the high court.

Citing her Princeton and Yale education and long experience as a lawyer and judge, Reid said: "We could not have anyone better qualified."

The visit was the start of a daylong schedule of meet-and-greets with Republicans and Democrats designed to let senators get to know President Barack Obama's nominee before they debate confirming her.

Sotomayor was also meeting with the top Republican, Sen. Mitch McConnell of Kentucky, and leaders of the Judiciary Committee, Chairman Patrick J. Leahy, D-Vt., and senior GOP Sen. Jeff Sessions of Alabama.

Republican senators have already begun to question remarks Sotomayor has made in the past about how her life experiences influence her judicial decisions. In turn, Democrats have defended her as a fair and unbiased judge, and all sides say they are eager to talk to her privately and question her in public hearings to come.



Bankruptcy Judge To Show Exacting Style in GM Reorganization
Bankruptcy | 2009/06/02 07:52
U.S. Bankruptcy Judge Robert Gerber, who oversaw the biggest asset sale and the largest financing loan in court history, will show an exacting style of inquiry during General Motors Corp.’s reorganization, lawyers said.


A U.S. judge in New York’s Southern District since 2000, Gerber’s experience in handling Chapter 11 cases such as Adelphia Communications Corp. and Lyondell Chemical Co. may come in handy when trying to split up GM, the biggest U.S. manufacturer ever to file for protection from creditors.

“He is easily one of the best judges in the Southern District, extremely smart, considerate of counsel and careful,” said Mark R. Jacobs, a lawyer at Pryor Cashman in New York who dealt with Gerber in the Adelphia case. “He has a terrific judicial demeanor, and will give the GM case the attention it needs and deserves.”

Gerber, 62, will preside as creditors challenge the government’s allocation of $82.3 billion of GM assets and $172.8 billion of debt, owed to more than 100,000 creditors. At stake are the jobs, health and retirement benefits of about 90,000 U.S. workers and their families, the economic viability of their communities and about $50 billion in loans from U.S. taxpayers.

The carmaker plans to launch a new company in 60 to 90 days that will be 60 percent owned by taxpayers and that will sell Cadillacs, Chevrolets, Buicks and GMC trucks in the U.S. Gerber will supervise the sale or liquidation of unprofitable brands, such as Saturn and Hummer, and at least 11 unwanted factories. He will likely use the example of Chrysler LLC, which won court approval May 31 to sell most of its assets to a group led by Italy’s Fiat SpA, as a model during deliberations.

Gerber “may have to grapple with some thornier issues than have arisen in the Chrysler case, but he clearly has the intellectual firepower to deal with them,” Jacobs said. “Pretty lucky draw for GM and all of the other players.” Southern District bankruptcy judges are traditionally assigned cases randomly.


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