Deceased Federal Employee S Daughter S Claim For Death Benefits Plus Ip Matters

Tri-Star Elec. Int’l, Inc. v. Preci-Dip Durtal, SA, 09-1337, concerned a challenge to the district court’s denial of a motion to dismiss for lack of standing under Federal Rule of Civil procedure 12(b)(1), in a patent infringement suit. In affirming, the court held that the assignment transferred ownership to Tri-Star of California and thus, the Tri-Star Delaware corporation has standing to bring this suit. However, the court reversed and remanded the district court’s denial of defendant’s motion for summary judgment of noninfringement and its grant of summary judgment of infringement with respect to O-Maverick, and instructed the district court to enter judgment of noninfringement with respect to O-Maverick....

December 22, 2022 · 4 min · 692 words · Sandra Riley

Diversity Missing Among Scotus Clerks

If you’re not sitting down, you might want to, because a recent NLJ report breaks down the complete lack of diversity among SCOTUS justices’ clerks. And while that probably isn’t that surprising, some of the specific stats might be. For example, the social media favorite, Justice Ginsburg, The Notorious RBG, only hired one African American law clerk in the over two decades she’s been a SCOTUS justice (and she never hired an African American clerk while sitting on the Circuit Court in DC)....

December 22, 2022 · 2 min · 404 words · Yvonne Blight

Duncan V Workers Comp Appeals Bd No H034040

Plaintiff’s petition for review of a decision by the Workers’ Compensation Appeals Board is granted and the Board’s decision annulled as the cost of living adjustment pursuant to Labor Code section 4659(c) for life pensions and total disability indemnity are added to those payments, per the words of the statute, starting January 1, 2004, and every January 1 thereafter. Read Duncan v. Workers’ Comp. Appeals Bd., No. H034040 [HTML] Read Duncan v....

December 22, 2022 · 1 min · 174 words · Geraldine Cordano

Federal Circuit Grants Stay Against Momenta Injunction

Setbacks abound for Momenta Pharmaceuticals Inc. after the Federal Circuit Court of Appeals stayed an injunction, pending appeal, against rival Watson Pharmaceuticals Inc. and its partner Amphastar Pharmaceuticals. Amphastar is seeking to sell a generic version of blood-thinner Lovenox, which Momenta owns two patents to. A federal judge ordered an injunction on the sale of the generic drug in October. However, with the Federal Circuit’s decision to stay the injunction, Watson and Amphastar made plans to sell the generic drug immediately, according to Bloomberg....

December 22, 2022 · 2 min · 351 words · James Salcido

Feds Authorize Killing Of Salmon Eating Sea Lions

Fish. It’s what’s for dinner. Officials in Oregon and Washington have been given the green light to snuff out 85 sea lions. The reason for the brutal policy is that the sea lions are snacking on endangered salmon that are making their way up the Columbia River to spawn, reports Gawker. Every year, around 70-80 sea lions hang around the Bonneville Dam where they feast on salmon sashimi. Only those sea lions found to be “salmon-eaters” will be subject to this policy - though the administration hasn’t divulged how they are going to determine which sea lions are salmon-eaters....

December 22, 2022 · 2 min · 393 words · Kaci Singer

Fleeing Suspect Caught Neck Deep In Manure Pit

As we have discussed how chewing off fingertips to conceal identity and elude police could be viewed as taking somewhat drastic measures. But a fleeing suspect choosing a manure pit for his hideout may be an even more bizarre escape plan. Police were searching for Thomas Hovis Jr. 52, wanted on numerous drug charges and found him neck-deep in a vat of liquid manure, the Journal Gazette reports. SWAT officers found the drug suspect hiding in a farm’s manure pit....

December 22, 2022 · 2 min · 353 words · Thomas Whitfield

Former Aba Employee Busted In 1 3 M Cellphone Theft

The ABA Journal published a story it really didn’t want to publish. It was about a former employee who is charged with stealing nearly $1.3 million from the American Bar Association, which publishes the Journal. According to the report, Karen M. Healy ordered 1,715 cellphones and 10 iPads and charged it to the ABA. Everybody is innocent until proven guilty in America, but the case raises another question: How many cell phones does it take to get an attorney’s attention?...

December 22, 2022 · 2 min · 333 words · Julie Sawyer

Former Fifa Vp Head Of Conmebol Sentenced To Nine Years In Corruption Probe

Juan Ángel Napout was the president of South American soccer’s governing body, CONMEBOL, and a FIFA Vice President when he was arrested and indicted on racketeering, wire fraud, and money laundering charges in 2015. Those charges stemmed from a massive Justice Department investigation into fraud and corruption in FIFA, the association that governs world soccer. Napout was ultimately convicted of one count of conspiratorial racketeering and two counts of wire fraud conspiracy, all relating to schemes to accept millions of dollars in bribes in exchange for the media and marketing rights to various soccer tournaments....

December 22, 2022 · 3 min · 444 words · Amanda Mattlin

How To Make A Good First Impression At Your Firm

You’ve landed your dream legal job and you’re ready to start your career as a superstar lawyer. But, unless you’re starting off at the smallest of firms, you’re not going to be entering the firm alone. So how do you make yourself stand out from the rest of your associate cohort? To make an impression on the firm’s partners? Here’s how. To Leave an Impression, Show You Care If you want to impress your firm’s higher-ups, you’ve got to make them see that you care....

December 22, 2022 · 3 min · 520 words · John Cabrera

Judge Approves Facebook S Sponsored Stories Settlement

When a Facebook user ’likes’ a product or company, or posts something related to a product or company, Facebook sometimes presents those likes or posts to other users in that person’s network as a paid promotion for the product or company. Facebook had a cyber snafu last year after California users complained that their images were being used to promote products without their permission through ‘Sponsored Stories’ posts. The users sued, arguing that California’s right of publicity laws prohibit the social network from using a person’s image to promote a product without the person’s consent....

December 22, 2022 · 2 min · 377 words · Edward Kimme

Mich Soccer Referee Dies After Being Punched By Player

A Michigan soccer referee died days after being punched in the head by a player during one of his adult-league matches. John Bieniewicz, 44, a father of two from the Detroit suburb of Westland, died from his injuries Tuesday, after being hospitalized from a player’s punch on Sunday. CNN reports that Bassel Abdul-Amir Saad, 36, of Dearborn, has been charged as the attacker, and is currently being held on $500,000 bail....

December 22, 2022 · 3 min · 467 words · Joyce Eanes

Nearly Naked Woman Gets Dwi After Crashing Into Wall

Is this a DWI or indecent exposure? A nearly naked woman crashed her Volkswagen Jetta just after midnight on Friday and then fled, only to be caught by cops a short distance later. The driver, 36-year-old Catherine Giaquinto of New York, is facing several charges after she allegedly crashed her car into a stone retaining wall in New Jersey and then drove off, the Asbury Park Press reports. Though it was near freezing at the time, about 12:50 a....

December 22, 2022 · 2 min · 400 words · Anne Pentek

New Year S Resolution 10 Books To Read Picked By 10 Lawyers

Many people’s New Year’s resolution is to read more books. If you’re a soon-to-be law student, current student, or practicing lawyer who made a vow to broaden your reading habits in 2014, look to your colleagues for reading inspiration. The ABA Journal put together a fascinating reading list by asking 30 distinguished lawyers to pick a book they’d recommend to other legal professionals. Here are ten books to read that were mentioned on the ABA’s list:...

December 22, 2022 · 3 min · 573 words · Anthony Toney

No Protection For Trojan Condom Maker From Ftc Probe

In the eyes of the law, size does matter. The D.C. Circuit Court of Appeals ruled in favor of the Federal Trade Commission on Tuesday, holding that the agency’s subpoena and civil investigative demands of Trojan brand condom maker Church & Dwight Co. were appropriate. The large subpoena suit is part of a long-running dispute with federal trade regulators regarding the company’s possible monopolistic tactics in the condom market. The company argued that the scope of the FTC probe was just too broad....

December 22, 2022 · 2 min · 315 words · Peter Williams

Peanut Butter Assault Did Ex Wife Smear Letter To Harm New Wife

Have you ever been a victim of a peanut butter assault? Didn’t think so. But a woman in Battle Creek, Michigan claims she was, and wants prosecutors to bring charges against her husband’s ex-wife, who she claims tried to harm her with peanut butter, a known allergen. The ex-wife apparently just wanted to keep the new one out of her business. Deathly allergic to peanuts, New Wife claims that she found a letter in her mailbox addressed to her husband, reports CBS....

December 22, 2022 · 2 min · 327 words · Otis Simmons

Pellegrino V Robert Half Int L Inc No G039985

In plaintiffs’ suit against their former employer, a temporary staffing firm, alleging violations of Labor Code provisions and unfair competition claims, the judgment of the trial court is affirmed where: 1) a provision shortening the limitation period in plaintiffs’ employment agreements is unenforceable as plaintiffs’ claims for violations of wage and hour laws are based on unwaivable and fundamental statutory rights, and the provision is an unlawful attempt to restrict employees’ ability to enforce their unwaivable statutory rights; 2) the trial court did not deny defendant any right to a jury trial; and 3) the administrative exemption from the wage and hour laws was inapplicable to plaintiffs....

December 22, 2022 · 2 min · 214 words · Helen Buzbee

Perez Hilton Prevails In Email Privacy Arbitration

After five years of legal wrangling, Perez Hilton (real name: Mario Lavandeira) has won an email privacy battle in arbitration, The Hollywood Reporter reports. A disgruntled reader sued Perez after he published a nasty email she sent him, along with her name and unredacted email address. (Back in the day when we still read his site, Perez would occasionally publish these types of messages – usually containing anti-gay rants – under the heading “You Are an Idiot....

December 22, 2022 · 2 min · 340 words · Mathew Adams

Reilly V Office Of Personnel Mgmt No 08 3236

Merit Systems Protection Board judgment affirming a denial of plaintiff’s application for disability retirement is vacated and remanded where the Board erred in adopting a categorical rule barring consideration of post-retirement evidence. Read Reilly v. Office of Personnel Mgmt., No. 08-3236 Appellate InformationPetition for review of the Merit Systems Protection Board.Decided July 15, 2009 JudgesBefore MICHEL, Chief Judge, DYK and MOORE, Circuit Judges.Opinion by DYK, Circuit Judge. CounselFor Petitioner: Brian T....

December 22, 2022 · 1 min · 127 words · Dana Hoffman

Should Cops Have Their Own Social Network

Cops may be getting their own social network. Former New York City police commissioner and Los Angeles Police Chief Bill Bratton, most recently a high-profile Oakland police consultant, has created BlueLine, a social network exclusively for police officers, reports CBS. According to Bratton, BlueLine is a site officers can use to share tips, their expertise on certain issues, and post their insights and information. This social network would be accomplished securely through instant messaging, video conferencing, and screen share capabilities....

December 22, 2022 · 2 min · 256 words · Ray Bullock

Teens Charged For Squirting Water With Squirt Gun

It’s dangerous out there in the summer given the risk of sunburn, mosquito bites, and… drive by squirt-gun attacks? Apparently if you live in Pennsylvania, you have to be on the lookout for random acts of squirt-gun violence. That’s what happened Wednesday, when police cited four young adults for assaulting an unnamed woman and her younger brother with chlorinated water. The woman and her brother were just standing outside her house when the group of four drove by and allegedly squirt-gunned her through the car window....

December 22, 2022 · 2 min · 367 words · Thelma Durham