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Appeals court rules against Ravens in logo dispute
Court Watch | 2010/09/03 03:28

A federal appeals court has ruled against the Baltimore Ravens and the National Football league in a copyright dispute over the team's original logo.

A divided three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond ruled Thursday that the commercial use of the "Flying B" logo in old game films infringes on amateur artist Frederick Bouchat's copyright.

The panel sent the case back to federal court in Baltimore to determine whether an injunction should be issued.

However, the court says the Ravens can use the logo in a team history display at their headquarters.

A jury ruled in 1998 that the Ravens stole the logo idea from Bouchat, but refused to award damages. The logo was used from 1996 through 1998.



Court denies Scrushy's request for release on bond
Court Watch | 2010/09/02 05:45

A federal appeals court has denied former HealthSouth CEO Richard Scrushy's request to be released from prison on bond.

The 11th U.S. Circuit Court of Appeals in Atlanta turned down Scrushy's request late Tuesday.

Scrushy has served almost three years of a more than six year term for bribery and other charges. He was convicted along with former Alabama Gov. Don Siegelman in 2006 in a government corruption case. The court had denied an earlier request from Scrushy that he be released from prison, saying he was a flight risk.

Scrushy had renewed the request in July, saying he is broke and does not have the means to flee.



Court says gay couples can't divorce in Texas
Court Watch | 2010/09/01 04:16

Gay couples legally married in other states cannot get a divorce in Texas, where same-sex marriage is banned, a state appeals court ruled Tuesday.

The 5th Texas Court of Appeals ruled that a Dallas district court judge didn't have the authority to hear a divorce case involving two Dallas men who married in Massachusetts in 2006. Republican state Attorney General Greg Abbott's office had appealed after Judge Tena Callahan, a Democrat, said she did have jurisdiction and dismissed the state's attempt to intervene.

"Today's court of appeals decision overruled the district court's improper ruling, confirmed the constitutionality of Texas' traditional definition of marriage and correctly found that Texas courts lack the legal authority to grant divorces to same-sex couples," said Abbott spokesman Jerry Strickland.

Callahan also had ruled Texas couldn't limit marriage to a man and a woman, but the appeals court said the state's same-sex marriage ban was constitutional.



Facebook post gets Detroit-area juror in hot water
Court Watch | 2010/08/31 09:04

A judge removed a juror from a trial in suburban Detroit after the young woman wrote on Facebook that the defendant was guilty. The problem? The trial wasn't over. Hadley Jons, of Warren just north of Detroit, could be found in contempt when she returns to the Macomb County circuit court Thursday.

Jons, 20, was a juror in a case of resisting arrest. On Aug. 11, a day off from the trial and before the prosecution finished its case, she wrote on Facebook that it was "gonna be fun to tell the defendant they're guilty."

The post was discovered by defense lawyer Saleema Sheikh's son.

Circuit Judge Diane Druzinski confronted Jons the next day and replaced her with an alternate.

"You don't know how disturbing this is," Druzinski said, according to The Macomb Daily.

A message seeking comment was left for Jons on Monday.

"I would like to see her get some jail time, nothing major, a few hours or overnight," Sheikh said. "This is the jury system. People need to know how important it is."

Sheikh's son, Jaxon Goodman, discovered the comment while checking jurors' names on the Internet. He works in his mother's law office.



Appeals court OKs warrantless GPS tracking by feds
Court Watch | 2010/08/30 08:16

The U.S. Court of Appeals for the Ninth Circuit earlier this month declined to schedule an en banc hearing, or a hearing before all judges in the ninth circuit, as requested by the defendant in a drug-related case. The defendant was seeking to suppress evidence gathered against him by federal agents who attached a GPS device to his vehicle without first obtaining a warrant.

The defendant, Juan Pineda-Moreno of Oregon, claims that U.S. Drug Enforcement Agency agents violated his Fourth Amendment rights against unreasonable search by planting, without a warrant, a tracking device on a vehicle parked in his driveway in 2007. The agents were tracking Pineda-Moreno on suspicion that he belonged to a marijuana growing operation.

A three-judge panel of the appellate court in January rejected Pineda-Moreno's claims and ruled that his constitutional rights were not violated. The court this month rejected a petition by Pineda-Moreno for a rehearing of his case by the full Ninth Circuit panel of judges.

The appellate court's ruling essentially gives law enforcement agencies in the nine Western states under the Ninth Circuit's jurisdiction the legal authority to surreptitiously enter personal property and attach a GPS tracking device on vehicles parked there without first obtaining a warrant.



Judge to rule whether 3M age-bias suit is class action
Court Watch | 2010/08/26 03:59

A long-running age discrimination suit against 3M Co. is back in Ramsey County District Court, and an attorney is once again seeking to turn it into a class action on behalf of as many as 5,000 3M employees.

The suit was originally filed in 2004 on behalf of six 3M employees who alleged they were discriminated against based on age during the tenure of CEO James McNerney Jr., which extended from 2001 to 2005.

After hearing arguments over class-action certification -- in which plaintiffs and 3M attorneys presented anecdotal and statistical evidence to refute the other's positions -- District Judge Gregg Johnson took the case under advisement. By law, he must rule on the case within 90 days.

The suit, which has had an up-and-down history, was previously certified as a class action by Johnson in 2008, but last year the Minnesota Court of Appeals returned the case to the lower court with instructions to review whether the "preponderance of the evidence" justified making the case a class action.



Okla. court hears arguments on new Medicaid fee
Court Watch | 2010/08/24 03:57

An attorney for Insurance Commissioner Kim Holland's office asked the Oklahoma Supreme Court Monday to strike down a new law designed to raise revenue for the state's Medicaid program.

Attorney Michael Ridgeway told the high court state lawmakers did not follow constitutional guidelines when they passed the bill. Their errors included failing to get a required three-fourths vote of the House and Senate, he said.

The law sets a 1 percent fee on claims paid by private health insurers and companies with self-insured health care plans to support Medicaid, which provides health care to low-income and elderly residents.

Attorneys for the Oklahoma Health Care Authority, the state's Medicaid provider, and other state agencies urged the court to uphold the new law and said it was meant to increase residents' access to health care services provided by Medicaid.



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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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