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Rat poison discovered in samples of pet food
Breaking Legal News | 2007/03/24 11:49

Investigators have found rat poison in the pet food suspected of killing 15 cats and two dogs, but they can't explain how it got there. Meanwhile, veterinarians and federal regulators predicted that many more pet deaths and illnesses will be linked to the 95 brands of wet pet food voluntarily recalled March 10 by its manufacturer.

"I think we're going to see hundreds if not thousands of cases," said Brad Smith, director of the veterinary teaching hospital at UC Davis. "It's going to take some time to sort this out."

Menu Foods, the Canadian-owned pet food maker, expanded its recall Friday to all cans and pouches of the recalled brands of "cuts and gravy" foods regardless of when they were manufactured. The first recall was limited to pet foods made after Dec. 3.

The discovery of rat poison in pet food was announced Friday by New York state food safety experts who analyzed samples of the commercial pet food provided by the manufacturer.

The substance, aminopterin, is not licensed for use as a rat poison in the United States, but it is used for that purpose in other counties.

The drug is used in cancer research, and it formerly was used to induce abortions in the United States, scientists said.



SAP vows to fight Oracle's lawsuit
Breaking Legal News | 2007/03/24 00:02

Business software maker SAP AG said Friday that it intends to fight charges of computer theft and espionage made in a federal lawsuit filed by rival Oracle Corp.

The Germany-based company issued its response the day after Oracle alleged SAP resorted to high-tech skullduggery to obtain confidential information about Oracle's software. Redwood Shores-based Oracle alleges SAP repeatedly raided its computers so a subsidiary called TomorrowNow can provide product support to Oracle's customers.

"SAP will not comment other than to make it clear to our customers, prospects, investors, employees and partners that SAP will aggressively defend against the claims made by Oracle in the lawsuit," spokesman Steve Bauer said in a statement.

Oracle has spent more than $20 billion in the past three years in a challenge to SAP's market leadership in business applications software -- programs that automate a wide range of administrative tasks.



Farm Sues Taco Bell For Libel Over E-Coli Outbreak
Breaking Legal News | 2007/03/23 10:11

The Southern California farm that grew the green onions that were first linked to and then cleared in last year‘s E. coli E. coli outbreak has filed a libel lawsuit against Taco Bell Corp. "Taco Bell engaged in an irresponsible and intentional crusade to save its own brand at the expense of an innocent supplier," Thomas Girardi, an attorney for Oxnard-based Boskovich Farms, told the Los Angeles Times.

He declined to specify the loss. The lawsuit seeks unspecified damages.

"We believed green onions may have been the source based on the presumptive positive testing, so we immediately removed them from our products to put public safety first," the statement said. "We later learned they were not the source of the E. coli outbreak."

The lawsuit alleges Taco Bell officials probably knew by Dec. 9 and certainly by Dec. 11 that tests for E. coli in the green onions were negative. The company and FDA officials said Dec. 11 that the green onions were not the source of the disease, and Taco Bell posted a press release Dec. 13 on its Web site that said lettuce appeared to be the most probable source of the outbreak, according to the suit.

Creed also said Taco Bell would no longer include green onions as a food ingredient. The lawsuit noted that lettuce remains in about 70 percent of Taco Bell‘s food selections.



Viacom faces a lawsuit from activist groups
Breaking Legal News | 2007/03/23 10:00

Activist groups sued Viacom Inc. on Thursday, claiming the parent of Comedy Central improperly asked the video-sharing site YouTube to remove a parody of the cable network's "The Colbert Report."

Viacom responded by saying it had no records of ever making such a request.

Although the video in question contained clips taken from the television show, MoveOn.org Civic Action and Brave New Films LLC argued that their use was protected under "fair use" provisions of copyright law.

With Viacom identified by YouTube as the source of the removal request, they said Viacom should have known the use was legal and thus its complaint to YouTube to have the video blocked amounted to a "misrepresentation" that is subject to damages under the 1998 Digital Millennium Copyright Act.

The challenge, filed in U.S. District Court in San Francisco, came about a week after Viacom filed its own, $1 billion lawsuit against YouTube, claiming that the wildly popular Web site is rife with copyrighted video from Viacom shows, including "The Colbert Report."

Neither YouTube nor its parent, Google Inc., was named in the latest lawsuit, filed on the plaintiffs' behalf by the Electronic Frontier Foundation and Stanford Law School's Center for Internet and Society.

In a letter to the plaintiffs' lawyers, Michael D. Fricklas, general counsel for Viacom, said the company had no record of sending YouTube a complaint, despite YouTube's identification of Viacom as the source. YouTube had no comment about the discrepancy.



School settles lawsuit with students for $69,000
Breaking Legal News | 2007/03/23 06:00

Three students expelled for making a movie in which evil teddy bears attack a teacher will share $69,000 in a settlement of their civil rights lawsuit. The board of the Charles A. Beard School Corp. voted 5-2 on Tuesday to approve the settlement of the lawsuit, which stemmed from the school's response to a movie called "The Teddy Bear Master."

The expulsions will be erased from the record and the students will be allowed to make up for missed work. Two of them still must write letters of apology to a teacher named in the movie and his wife.

In the movie, the "teddy bear master" orders stuffed animals to kill a teacher who had embarrassed him, but students battle the toy beasts, according to documents filed in court.

School officials last year expelled the four students who made the film, arguing that it was disruptive and they saw it as a threat to Knightstown Intermediate School teacher Dan Clevenger.

Two of the students sued, claiming their free-speech rights were violated. A federal judge in December ordered that school officials allow them back into class, saying that although the students should apologize for the "humiliating" and "obscene" movie, district officials had not proven that the work disrupted school.

A third student joined the lawsuit after it was filed, and the fourth student did not challenge the expulsion.

Superintendent David McGuire said the school district's insurance company will cover the cost of the $69,000 settlement that will be split among the plaintiffs.



Judge orders new trial in Ford lawsuit
Breaking Legal News | 2007/03/23 05:02
A U.S. federal judge has thrown out a $15 million jury verdict and ordered a new trial for a lawsuit against Ford Motor Co. by a Tulsa couple whose son died in a rollover crash in November 2003.

U.S. Chief District Judge Claire Eagan vacated the jury‘s ruling against Ford and ordered the case retried beginning July 16.

Brewster said Wednesday that Eagan‘s basis for the decision involved matters that Ford‘s attorneys didn‘t object to during the trial.



Federal Judge Blocks Online Pornography Law
Breaking Legal News | 2007/03/22 22:58

A federal judge on Thursday granted a permanent injunction against enforcement of the Child Online Protection Act, a federal law that imposes civil and criminal penalties on website operators for making sexually explicit materials available to minors over the Internet and require adult websites to verify viewer age with a credit card number or any other reasonable method of age verification. Senior District Judge Lowell A. Reed, Jr. of the Eastern District of Pennsylvania ruled:

After a trial on the merits, for the reasons that follow, notwithstanding the compelling interest of Congress in protecting children from sexually explicit material on the Web, I conclude today that COPA facially violates the First and Fifth Amendment rights of the plaintiffs because: (1) at least some of the plaintiffs have standing; (2) COPA is not narrowly tailored to Congress’ compelling interest; (3) defendant has failed to meet his burden of showing that COPA is the least restrictive, most effective alternative in achieving the compelling interest; and (4) COPA is vague and overbroad. As a result, I will issue a permanent injunction against the enforcement of COPA.

The US Supreme Court in 2004 upheld a temporary injunction against the enforcement of COPA in Ashcroft v. ACLU, holding that COPA would likely violate the First Amendment, and remanded the case back to the District Court. Judge Reed presided over a four-week trial on the merits which concluded in November 2006.

COPA was enacted in 1998 after similar provisions contained in the Communications Decency Act (CDA) were struck down in Reno v. ACLU as unconstitutional because it was not narrowly tailored to serve a compelling governmental interest and because less restrictive alternatives were available. Last year, Google fought a Justice Department subpoena seeking to force the search engine giant to hand over a large amount of user data, including one week's worth of query searches and up to 1 million web addresses as part of a federal effort to rewrite COPA. 



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