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Archive for June, 2008

Future of the US Supreme Court underplayed on campaign trail (AFP)

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This nine image combination taken in 2006 shows the Justices of the US Supreme Court in Washington, DC. Top row from left are: Anthony Kennedy, John Paul Stevens, Antonin Scalia. Middle row from left are:Ruth Bader Ginsburg, Chief Justice John Roberts, and David Souter. Bottom row from left are: Stephen Breyer, Clarence Thomas, and Samuel Alito.(AFP/File/Paul J. Richards)AFP - The next president of the United States may be able to appoint several Supreme Court justices — the powerful judges whose rulings affect the daily lives of Americans — yet the issue is underplayed on the presidential campaign trail.


Summaries of leading Supreme Court rulings (AP)

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AP - Brief summaries of the rulings from the leading cases before the Supreme Court in its just-ended term:

Long quiet, justices end their term with a growl (AP)

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AP - For most of the term, Supreme Court justices showed remarkable restraint. They displayed broad agreement even in some volatile areas and refrained from angry dissents.

Janitors, Mafia and Back Pay: All in a Day’s Work at the Federal Circuit

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The Sicilian Mafia and janitorial services might seem an unusual pairing, but it’s at the root of nine years of litigation ruled on Friday by the U.S. Court of Appeals for the Federal Circuit. At the heart of the Federal Circuit’s decision was the question of whether a voluntary dismissal of a case is appealable, and if so, in what time frame.

9th Circuit Racks Up Usual High Reversal Rate in Supreme Court Term

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In the U.S. Supreme Court term that ended Thursday, the 9th Circuit was
reversed in eight of the 10 cases reviewed, about par for the course for
the nation′s largest, and most closely scrutinized, circuit. The Court
reversed not only their favorite targets like Judges Stephen Reinhardt
and Betty Fletcher, but also Judge Pamela Rymer — a well-regarded
conservative talked about as a potential Republican nominee to the
Supreme Court — who paid the price for hewing closely to precedent.

2nd Circuit Clarifies Pleading for Individual Scienter

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Pleading scienter for individual defendants is not always required to support a showing of corporate scienter in a securities fraud class action, the 2nd Circuit has ruled, rejecting an argument that it adopt such a rule as a pleading requirement under the Private Securities Litigation Reform Act. The court ruled that a putative class action brought against Dynex Capital and Merit Securities by a Teamsters pension fund must be dismissed, but also gave the union an opportunity to replead following dismissal.

In Split Decision, Calif. Judge Ordered Off Bench Over Fradulent Expense Reports

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Calling her contrition “too little too late,” the California Commission on Judicial Performance on Thursday ordered Superior Court Judge Kelly MacEachern removed from the bench. Commissioners said MacEachern filed fraudulent expense reports for a judicial conference and then lied about her attendance to court officials and a panel of special masters that reviewed the allegations against her. MacEachern is the fourth trial court judge ousted by the commission in the last 18 months.

DOJ to Pay Former Army Scientist $5.8 Million in Settlement Over Anthrax Probe

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A former Army scientist who was named as a person of interest in the 2001 anthrax attacks will receive $5.8 million to settle his lawsuit against the Justice Department. Steven Hatfill claimed the DOJ violated his privacy rights by speaking with reporters about the case. The deal requires the Justice Department to pay $2.825 million up front and buy Hatfill a $3 million annuity that will pay him $150,000 each year for 20 years.

A GC and a Corporate Lawyer Walk Into a Bar …

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It took eight years and a conversation over drinks to turn a friendship into work that resulted in a billion-dollar deal. During an impromptu trip to Paris with their wives, after a few scotches, Joseph Macchione, GC of GMH Communities Trust, and Ajay Raju, head of Reed Smith’s securitization and finance team, discussed moving GMH’s legal work to Reed Smith. According to Macchione, the biggest reason he made the switch was Raju’s willingness to work with his company on an alternative billing system.

Technology in Action on the West Coast

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Sean Doherty, Law.com legal technology editor, delivers the goods on LegalTech. The Hon. Elizabeth D. Laporte advises counsel and clients on electronically stored information Chevron’s GC seeks effective knowledge management; and CT Summation reviews how evidence goes from ESI to court.

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