HOT DOCS

INTERNATIONAL TRADE - U.S. v. Adaptive MicroSystems LLC

OPINION AND ORDER - Court of International Trade applied Wisconsin law on liability of purchaser of company for existing unpaid import duties and penalties for misclassified imports of LED panels. Purchaser’s argument that it is not a mere continuation of the old company was rejected.(CIT)

HEALTH CARE – Sebelius v. Cloer

OPINION – Cloer brought a claim under the National Childhood Vaccine Injury Act, which allows an award of attorney fees to non-prevailing parties if their claim was in good faith and had a reasonable basis. Cloer’s claim was determined to be untimely, but the Supreme Court held that untimely petitions may qualify for attorney fees under the NCVIA. (U.S.)

CRIMINAL LAW – Metrish v. Lancaster

OPINION – When Lancaster killed his girlfriend, Michigan allowed a diminished capacity defense. By the time of his trial, the defense had been removed by the Michigan Supreme Court and Lancaster was not allowed to assert it; he was convicted of murder. A unanimous U.S. Supreme Court ruled that Lancaster was not entitled to federal habeas relief under the AEDPA. (U.S.)

ENTERTAINMENT – La. Athletics Down on the Bayou LLC v. Bayou Bowl Ass’n

OPINION – Defendants run the “Bayou Bowl,” a Texas-Louisiana high school all-star football game. Plaintiff was an original organizer of the Bayou Bowl and claims to own a trademark in the name. But the court decided that plaintiff’s planning activities prior to the first game were not “use of the mark in commerce.” (M.D. La.)

UNFAIR COMPETITION – FieldTurf USA Inc. v. TenCate Thiolon Middle East

OPINION – Fiber that FieldTurf bought from TenCate degraded prematurely. FieldTurf introduced a competing fiber and sued TenCate. TenCate countersued for false advertising and unfair competition. FieldTurf won partial summary judgment due to TenCate’s lack of evidence of consumer confusion and failure to show financial injuries. (N.D. Ga.)

COURT WIRE: JUST FILED