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ABORTION - Isaacson v. Horne

5/23/2013

OPINION - Arizona statute prohibiting abortion after twenty weeks is unconstitutional. Fetus viability usually occurs between twenty-three and twenty-four weeks gestation, and viability, not gestational age is pertinent. (9th Cir.)

Opinions, Orders & Jury Verdicts


EMPLOYMENT – Murray v. UBS Sec. LLC

5/23/2013

OPINION – Murray claimed he was a fired for making disclosures protected by Section 806 of Sarbanes-Oxley. UBS moved to dismiss, arguing Murray was not a whistleblower under Dodd-Frank because he did not make a report to the S.E.C. The court denied the motion to dismiss, ruling that the disclosures fell under the four categories listed in 15 U.S.C. 78u–6(h)(1)(A)(iii). (S.D.N.Y.)

ANTITRUST – In re Se. Milk Antitrust Litig.

5/22/2013

ORDER – From a $158 million settlement (plus structural changes to defendants’ business conduct), the court approves attorney fees for plaintiffs’ counsel of $52.8 million plus $800,000 in expenses. Class representatives receive $10,000 each. (E.D. Tenn.)

PATENTS – Ateliers de la Haute-Garonne v. Broetje Automation USA Inc.

5/22/2013

OPINION – Plaintiff sued for infringement of a device to deliver rivets through a pressurized tube. The district court found the patents invalid for failure to disclose the best mode for carrying out the invention. The appellate court reversed, finding that the best mode (known at the time) was disclosed; there was no requirement to point out which embodiment was the best mode. (Fed. Cir.)

Court Filings


COPYRIGHT - Eight Mile Style LLC v. Wieden + Kennedy Inc.

5/22/2013

COMPLAINT - Musician “Eminem” claims that Facebook infringed copyright on song “Under the Influence” during a highly publicized event introducing “Facebook Home” and advertisement “Airplane.” (E.D. Mich.)

SECOND AMENDMENT - Brady Ctr. to Prevent Gun Violence v. City of Nelson

5/21/2013

COMPLAINT - City ordinance requires every “head of household” to own a firearm and ammunition. Plaintiffs complain they are forced to do so against their will. (N.D. Ga.)

CONSUMER PROTECTION – Hilton v. Apple Inc.

5/14/2013

COMPLAINT – This putative class action claims the Apple iPhone 4 has a latent defect that Apple was aware of before introducing the product to the market. Namely, that the power button fails making the phones inoperable. Plaintiff seeks restitution and an injunction against sales of iPhones with the claimed defect. (N.D. Cal.)

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