Verdicts & Settlements

Lawyer Puts Photo of Client’s Leopard-Print Undies on Facebook; Murder Mistrial, Loss of Job Result

Fermin Recalde had sought several times without success to get a new assistant public defender assigned to represent him in his South Florida murder case. But he ultimately succeeded Wednesday, midway through trial, after his public defender posted a photo of his leopard-print underwear on her personal Facebook page, the…

Sep 13, 2012 9:19 PM CDT

Microsoft Suit: Some Malware Is Preinstalled; Not Just an IP Issue But a Security Issue, Lawyer Says

For years, users have been blamed when malware infects their computers and repeatedly warned not to open attachments from unknown email senders or download software from dubious sources. But a major manufacturer now says that malware sometimes is already preinstalled when purchasers first open the packaging of their new computers.…

Sep 13, 2012 7:09 PM CDT

Lawyer Loses Pro Se Case Over Backyard Swimming Pool Built Without Permit, Could Be Fined $360K

Representing himself and his wife pro se, an Oregon attorney told a municipal court judge that they had built a $100,000 backyard swimming pool without a required wetlands permit because the mayor of West Linn told them they could do so. However, that argument was not persuasive to West Linn…

Sep 12, 2012 6:31 PM CDT

8th Circuit OKs $222K Award But Avoids Ruling on Key Issue in Historic RIAA File-Sharing Case

After three jury trials, it appears that the legal saga of the first individual to fight a Recording Industry Association of America demand for payment for illegal downloading of copyrighted music still hasn’t come to an end. In a procedurally complex decision Tuesday, a federal appeals court panel held that…

Sep 11, 2012 8:52 PM CDT

Judge OKs Damages Claim by Ex-Edwards Wildman Partner Allegedly Ousted Without Required Partner Vote

A former corporate partner of Edwards Wildman Palmer isn’t entitled to his promised pay of $625,000 for his work 2008, because he didn’t bring in anywhere close to the amount of business he was supposed to generate to be paid at this level, a New York judge ruled last week.…

Sep 7, 2012 9:12 PM CDT

Ice Cream Maker Ben & Jerry’s Wins Lookalike Porn Movie TRO; Boston Cream Thigh, Other DVDs Nixed

It might seem unlikely that those who enjoy Ben & Jerry’s gourmet ice cream would think the Vermont-based maker of trademarked flavors such as Chocolate Fudge Brownie, Peanut Butter Cup and Boston Cream Pie has anything to do with similar sounding porn flicks such as Chocolate Fudge Babes, Peanut Butter…

Sep 7, 2012 6:30 PM CDT

Texas Lawyer Accused in $2.3M Theft From Disabled Veterans Takes Plea re 2 of 21 Counts

A Texas lawyer accused of stealing some $2.3 million from 49 disabled veterans whose finances he handled, has taken a plea as a trial was about to begin in federal district court in Houston on Tuesday. Joe B. Phillips, 73, pleaded guilty to two of the 21 charges he faced…

Sep 5, 2012 10:20 PM CDT

9th Circuit Says Los Angeles Can’t Treat Personal Belongings of Homeless Individuals Like Trash

Upholding a federal court’s injunction that prevented the city of Los Angeles from treating as trash the personal belongings that homeless individuals left unattended for a short time, a federal appeals court Wednesday said government workers could seize their property only if it is has clearly been abandoned, poses an…

Sep 5, 2012 8:34 PM CDT

Calif. Appeals Court Allows Emotional Distress Damages for Pet Owners in Intentional Injury Case

A California appeals court has upheld $50,000 in emotional distress damages for pet owners who claim their neighbor intentionally injured their dog. The Fourth District Court of Appeal said such damages may be allowed for intentional injury, but not for negligence, the Recorder reports. The plaintiffs, David and Joyce Plotnik,…

Sep 5, 2012 4:45 PM CDT

2nd Circuit OKs Trademark Protection for French Designer Christian Louboutin’s Red-Soled Shoes

Disagreeing with a federal district court that earlier denied a preliminary injunction sought by a French designer after another high-fashion industry icon allegedly infringed on his trademarked red-soled shoes, a federal appeals court Wednesday said that Christian Louboutin is entitled to seek a legal remedy except when the shoes in…

Sep 5, 2012 4:14 PM CDT

Faced with a Five-Page Limit, Lawyer Files Cartoon Amicus Brief with Proper Font Size

Updated: A lawyer who opposes the Justice Department’s proposed antitrust settlement with three publishers of e-books has filed an amicus brief (PDF) in the form of a comic strip. Bob Kohn tells Bloomberg and the New York Times Media Decoder blog that he opted for the unusual format after U.S.…

Sep 5, 2012 12:39 PM CDT

Federal Judge Says Calif. Law Allows Clawback Claims Against Ex-Thelen Partners But NY Law Doesn’t

In a ruling that could affect former partners of other failed law firms, a federal judge in New York held Tuesday that a bankruptcy trustee can pursue clawback claims against some but not all of Thelen’s former partners. Drawing a distinction between what is permitted under California and New York…

Sep 4, 2012 10:31 PM CDT

In Landmark Ruling, Federal Judge Says Sex-Change Surgery for Murder Inmate Is Medically Necessary

Ruling Tuesday in a seven-year-old civil rights suit in which a transgender prison inmate has been seeking to have the state of Massachusetts pay for sex-change surgery, a federal judge in Boston agreed with Michelle Kosilek and prison doctors that the operation needs to be performed. “This fact that sex…

Sep 4, 2012 6:27 PM CDT

Judge in Unshuffled Cards Case Tells Casino to Ante Up $1M to Cash Players’ Chips; Appeal Planned

In a Friday ruling that provoked an angry outburst from the general counsel for an Atlantic City casino and a complaint from another lawyer of a “rigged game,” the Golden Nugget was ordered by a New Jersey judge to ante up nearly $1 million to pay gamblers for the chips…

Sep 4, 2012 4:22 PM CDT