Weblog Entries: Litigation

Court Rebukes Detention of Children

The Family Court today ruled that detaining children is unlawful. Affirming a previous decision, Justice Strickland said he had "determined prima facie that children are unlawfully in detention and there is a real issue to be tried about that." Counsel for the children applied for their immediate release pending a full trial which is due to begin on September 15.  Read more »

Legal Ruminations

Quite a few movers and shakers this week, with a major (USD $521 million) settlement being awarded to Eolas Technologies Inc and the University of California, the co-plaintiffs in a recent patent infringement case against Microsoft Corporation.  Read more »

Renegade Christian

Moore CJ of the Alabama Supreme Court is stepping up his efforts to retain a 2400kg statue depicting the Christian parable of the ten commandments in the state courthouse.  Read more »

Punitive Damages

Another quick Tuesday afternoon roundup, meticulously crafted after a long day at university. One can only debate the efficacy of access to the justice system so many times...

On with the show:

Consumers Challenge Deceptive Hard Drive Marketing

Throughout the day today I'll be presenting a brief overview of some current happenings in IT litigation; interesting issues continue to be explored by various legislatures, and there are an increasing number of IP/IT cases being heard in Appeal Courts. My Applied Mathematics lecture was cancelled without notice this morning, so I have 3 hours of waiting around until my next lecture. It's the last day before the mid-term break, too...on with the news!  Read more »

Non-Biological Father Seeks Damages

A Melbourne man has sued his ex-wife for over $75 000 in child support payments after DNA testing revealed the child was not conceived by him. However, the Federal Magistrates Court seems to have reservation about granting the step-father a 'refund':

Asked by the woman's barrister if he considered himself the child's father, he said: "Emotionally I do, yes."  Read more »

Australian ISP Liability Under Review

Mere weeks after the sentencing of the three operators of an MP3 download website (who escaped jail time), the Australia Record Industry Association (ARIA) has launched another action - this time against directors and employees of Com-Cen, an Australian ISP.  Read more »

Not-So-Silent Night

An Austrian trade union has called for restrictions upon the duration for which department stores may play Christmas carols as background music.  Read more »

Webmasters Defend Insider Sources against Apple Subpoeanas

‘Apple has shown an increasingly litigious face in recent months, targeting news site Think Secret a week before the start of Macworld San Francisco last month, and going after two additional sites in December 2004 for their reporting on prerelease builds of the upcoming Mac OS X 10.4 (Tiger).  Read more »

'This Is An Ex-Parrot!'

According to The Australian and the Globe and Mail, life is imitating Monty Python in this amusing recreation of the famous parrot sketch — only this avian dispute has ended up in court:  Read more »

Tourists Sue Authorities, Hotel Chain over Tsunami Disaster

Most suspected it would happen eventually, but probably not in this form. In what the plaintiffs’ lawyers are calling both conceptual art project and ‘the mother of all lawsuits’, an action has been filed to determine whether American and Thai authorities and a French hotelier acted negligently in preparing for and dealing with last year’s tsunami disaster.  Read more »

Parents to Fight Order Terminating Life-Support

The father of a brain-damaged Florida woman said a judge’s ruling Friday ordering his daughter’s feeding tube to be removed March 18 is ‘a temporary relief.’

The parents’ attorney, David Gibbs, said he will appeal to the US Supreme Court contending that [his daughter], who has been severely brain-damaged since she suffered heart failure in 1990, is being denied her religious liberty rights. Gibbs said he and his legal team will work to prevent the feeding tube from being removed on March 18.  Read more »

SBC Inc v Federal Communications Commission

FCC's elimination of functional equivalency test in determining proper compensation between exchange carriers, in response to carrier's letter inquiry, merely clarified pronouncements of earlier order and thus did not constitute legislative rule-making in violation of Administrative Procedures Act.

Originally by Law.com - Tech Law Practice Center, 12:28 PM

<em>1-800 Contacts, Inc v WhenU.com, Inc</em>

Internet marketing company did not "use," and thus did not infringe, contact lens distributor's trademarks by including distributor's Web site address, which was almost identical to trademarked name, in unpublished list of terms used to trigger "pop-up ads"; nor did company infringe distributor's marks by causing competitors' separate, branded pop-up ads to appear on computer user's screen along with distributor's Web site window.

Originally by Law.com - Tech Law Practice Center, 12:28 PM  Read more »

Island Software and Computer Service, Inc v Microsoft Corporation

District court's summary judgment finding of "willful" copyright infringement was inappropriate absent evidence conclusively demonstrating actual, rather than constructive, knowledge of software copyright violation.

Originally by Law.com - Tech Law Practice Center, 12:28 PM

Class Action Filed Over Google Overcharging

A group of advertisers last week filed a class action suit against Google, accusing the search engine of overcharging advertisers who use its paid search advertising services, according to Reuters.

Originally by The Register - Internet and Law: eCommerce, 4:38 PM  Read more »

One more Winnebago thought: the Ford Pinto lawsuit urban legend

Kudos to John Cole, who evaluated the evidence and withdrew his endorsement of the LA Times story. One of his commenters protests: "I’ve certainly heard [the Winnebago case] presented as true." Well, no doubt. That's...

Originally by Ted Frank at Overlawyered, 9:44 PM

Click Fraud Claims Drive Lawsuits

Companies who watched profits disappear due to allegedly fraudulent clicks on their ads aren't just taking aim at the clickers. They're going after the search engines as well. Commentary by Adam L Penenberg.

Originally by Wired News: Top Stories, 9:46 PM

Lexar Settles Patent Dispute with Memorex

SAN FRANCISCO (Reuters) - Lexar Media Inc said on Monday Memorex has agreed to settle a patent infringement case related to CompactFlash cards sold by Memorex prior to November 2004, sending Lexar shares up 1.7 per cent.

Lexar claimed in its 2001 lawsuit that certain Memorex cards infringed a number of its flash memory patents.  Read more »

Ruling Imminent in Microsoft's South Korean Anti-Trust Litigation

South Korea's antitrust watchdog said it would probably rule next month on allegations that software giant Microsoft engaged in unfair trade practices.

Originally by WSJ.com: What's News Technology, 12:08 PM

Judge Approves Settlement in iPod Suit

'According to AppleInsider, on Thursday a San Mateo County judge granted final approval of a settlement in the iPod class action suit that affects as many as 1.3 million iPod owners who may have been victim to poor or defective batteries. Under the settlement, owners of either a first- or second-generation model are entitled to $25 cash or $50 credit at the Apple store. Owners of third-generation iPod models are entitled to a free replacement battery if the battery fails. The deadline for submitting a claim is September 30, 2005.  Read more »

Sellers of Petrol to Drunk Drivers May Be Liable for Subsequent Accidents

'"The [Tennessee] Supreme Court has ruled that store owners can be sued for causing injuries in a drunken driving accident if they sold gas to an intoxicated driver." Employees at an Exxon station on Rutledge Pike in Knoxville allowed Brian Lee Tarver to buy $3 worth of gas and even helped him pump it when he seemed unable to work the controls. Victims of his subsequent drunk-driving crash sued the station.

Originally by Walter Olson at Overlawyered, 9:02 PM  Read more »

Court Hears Refugee's Compensation Case

The case of a young Iranian man seeking compensation for the time he spent in two of Australia's immigration detention centres has started in the Supreme Court in Sydney.

Originally by ABC News: Politics, 11:06 PM

US Federal Court Upholds Validity of EULAs; <em>DMCA</em> Prevents Reverse Engineering Software

'St Louis, MO -- In a decision with dangerous implications for competition, consumer choice, reverse engineering, and innovation, the 8th Circuit Court of Appeals today ruled against three software programmers who created a free, open-source program to allow gamers to play games they purchased with others on the platform of their choice.  Read more »