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Today's Date: U.S. Attorney News Feed
Law challenged by teacher accused of filming students
Court Feed News | 2007/01/12 08:01

DALLAS A Texas high school teacher is accused of videotaping a girls wrestling match for his sexual enjoyment. Attorneys for 28-year-old David Ware, a first-year speech and drama teacher in suburban Dallas, says he'll himself in to Grand Prairie police. Ware is facing charges of improper visual recording.

Police say Ware captured about two hours of video at an all-day wrestling tournament Saturday, often zooming in on the crotches of female wrestlers. Ware is also a softball coach at Garland Lakeview Centennial High School, which did not have a team competing at the tournament. He's now on paid leave. Defense attorney Scott Palmer says Ware was simply interested in wrestling. Under Texas law, videotaping a person without their consent for sexual arousal is a state jail felony. Conviction carries a penalty of up to two years in prison and a ten-thousand-dollar fine.


Supreme Court rules in railroad negligence case
Court Feed News | 2007/01/11 02:33
The US Supreme Court ruled Wednesday that the causation standard for railroad negligence under the Federal Employers Liability Act is the same as that for employee contributory negligence under the Act. In Norfolk Southern v. Sorrell, an employee of the railroad sued for injuries suffered and was awarded $1.5 million in damages. The railroad disputed jury instructions used at trial, arguing that the standard used to determine the railroad's negligence was "much more exacting" than the standard used for employee contributory negligence. The Supreme Court vacated the state appeals court decision and remanded the case for further proceedings.


Supreme Court rules in immigration, patent cases
Court Feed News | 2007/01/10 04:46

The US Supreme Court handed down decisions in three cases Tuesday, including US v. Resendiz-Ponce, where the Court upheld the conviction of Juan Resendiz-Ponce on charges of attempting to re-enter the United States illegally from Mexico after being deported. The indictment in the case did not allege an overt act showing that he tried to enter the US, but the Supreme Court ruled that the indictment was not defective as it "need not specifically allege a particular overt act or any other 'component part' of the offense." Read the Court's opinion per Justice Stevens, along with a dissent from Justice Scalia.

In MedImmune v. Genentech, the Court ruled that MedImmune did not need to breach its patent license agreement with Genentech before challenging the patent's validity, overturning a Federal Circuit decision.

In a statement Tuesday the industry group Coalition for Patent Fairness said that the unanimous ruling demonstrated yet again that "the patent system needs to be modernized. Fair patent protections deliver innovative products for consumers and strengthen America's international competitiveness. This ruling is a positive step, but it is clear that a legislative remedy is needed to strengthen our overall patent system."

Finally, the Court remanded Burton v. Stewart back to the lower courts, saying that Lonnie Lee Burton's appeal should be dismissed for lack of jurisdiction. The Court had agreed to hear the case to determine whether Blakely v. Washington, the 2004 decision which limited judges' discretion in criminal sentencing, "announced a new rule and, if so, whether it applies retroactively on collateral review." Despite hearing oral arguments on those issues, the Court ruled that Burton never complied with the jurisdictional requirements of 28 US 2244(b).



Micron settles DRAM class-action lawsuit
Court Feed News | 2007/01/09 16:59

Micron Technology Inc. (MU.N: Quote, Profile , Research) said on Tuesday it has settled a class-action lawsuit that will reduce its previously announced first-quarter profit by up to $80 million.

The lawsuit, which followed a 2002 U.S. Justice Department inquiry into the memory chip industry, covered people and entities that bought a type of computer memory known as DRAM directly from suppliers from April 1999 through June 2002.



Intuitive Surgical faces patent lawsuit from Cal Tech
Court Feed News | 2007/01/09 06:32

Intuitive Surgical Inc. said Monday the California Institute of Technology filed a patent infringement lawsuit against the company in the U.S. District Court for the Eastern District of Texas.

The Sunnyvale, Calif.-based medical equipment manufacturer said the lawsuit is without merit and has filed an action in the U.S. District Court for the Northern District of California seeking declaration that the company isn't infringing Cal Tech patents.

Intuitive Surgical shares fell $2.88, or 3.06 percent, to close at $91.20 on the Nasdaq Stock Market Monday.



Plaintiff in Halliburton Case to Send Attorneys Packing
Court Feed News | 2007/01/08 19:44

This is an update concerning the Halliburton Securities Litigation. Truth in Corporate Justice LLC (“TCJ”) is Special Counsel to the AMS Fund, Inc. on Securities Matters. It speaks only on behalf of itself or for its client, the Lead Plaintiff, when authorized.

Oakland, CA (PRWeb) January 4, 2007 -- Truth in Corporate Justice LLC (“TCJ”) (www.worldwidetree.org) issues this press release to advise shareholders and the concerned public that the Archdiocese of Milwaukee Supporting Fund, Inc. (“AMS Fund”), Lead Plaintiff in the Halliburton Securities Litigation matter, is seeking to substitute lead counsel. This case is entitled: Archdiocese of Milwaukee Supporting Fund, Inc., et al. v. Halliburton Company, et al. (Master Docket No. 3:02-CV-1152-M), a consolidated class action pending in the Northern District of Texas before U.S. District Judge Barbara M.G. Lynn.

On December 27, 2006, AMS Fund filed its Reply Brief on its Motion to Substitute Counsel. The brief cites numerous reasons for AMS Fund’s request to remove the firms of Scott + Scott and Lerach, Coughlin, Stoia, Geller, Rudman & Robbins as lead counsel in this matter. Truth in Corporate Justice LLC’s founder, Neil Rothstein (a former Scott + Scott partner), Special Counsel to the AMS Fund, stated that this is an unfortunate but necessary change that was unexpected at the time Mr. Lerach’s firm first intervened in this case.

Some of the most important reasons for the change in counsel request, as stated in the Reply Brief filed on December 27, 2006, are the failure of lead counsel to keep AMS Fund fully informed about the status of the case in violation of Pre-trial Order Number Two. Next, according to the Reply Brief, there exists a potentially negative impact on the litigation as a result of the proliferation of media attention surrounding William S. Lerach, which could possibly shift the focus from the merits of the case and turn it into a convoluted battle between Lerach and the government. The conflict: an attorney under federal investigation is representing a lead plaintiff who has brought a lawsuit against a sitting vice president’s former company where he was Chief Executive Officer. The Vice President is not a defendant in this action. The Reply Brief also states that the Department of Justice’s ongoing criminal investigation of Lerach and his former firm, Milberg, Weiss, Bershad, Hynes & Lerach, which has led to the indictment of two of Lerach’s former partners and his predecessor firm, has brought to light facts not disclosed to the Court or Lead Plaintiff.

The AMS Fund is requesting the court to substitute the firm of Boies, Schiller & Flexner as lead counsel. The Court has not yet ruled on the motion. Neil Rothstein, founder of TCJ, says that it is unfortunate that another change in counsel is necessary at this time; however, the amount of information that the current lead counsel hid from the Lead Plaintiff clearly does not comport with what is in the best interest of the client or the class. “While the Lead Plaintiff sought to have this transition occur with the dignities of those involved remaining intact, the realities amount to far more than the loss of dignity,” stated Rothstein. “This is not about guilt or innocence; it is about the appearance of impropriety, conflicts of interest, and ethical behavior.”

To read more about this situation, please visit www.halliburtonsecuritieslitigation.com



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