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Firm Can't Sue Enron Again, 5th Circuit Says
Law Firm News |
2008/09/10 07:16
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A Houston law firm cannot file 34 more lawsuits against Enron after the high-flying company's financial collapse, the 5th Circuit ruled.
Fleming amp; Associates has represented hundreds of plaintiffs against the failed energy company, but Judge Prado agreed with the district court that the statute of limitations on the latest group of cases had expired.
The lawsuits would have covered 1,200 clients and would have alleged state law claims of fraud, negligence and civil conspiracy. Prado ruled that the district court did not violate any notions of federalism by determining that the state court would dismiss the claims as untimely.
The district court is intimately involved in the many facets of litigation surrounding the Enron collapse, Prado wrote. Further, federal courts often consider issues involving a state statute of limitations. |
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J.K. Rowling Smites Copyright Violator
U.S. Court News |
2008/09/09 07:02
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J.K. Rowling vanquished the forces of darkness Monday when a federaljudge permanently enjoined RDR Books from publishing The Harry PotterLexicon, a guidebook to Rowling's best-selling series. U.S. DistrictJudge Robert Patterson Jr. blocked also ordered RDR to pay $6,750 instatutory damages.
Steven Jan Vander Ark, a librarian andHarry Potter fan, thus cannot publish his guide to Rowling's series,for which he said there was a considerable demand. Warner Bros., whichmade the Harry Potter movies, joined Rowling in suing for copyrightviolations.
The ruling came 5 months after a 4-day trial,during which Rowling described the Lexicon as wholesale theft of 17years of my hard work.
The next day at trial, Vander Ark sobbed on the stand, clearly upset that he had annoyed Rowling.
Judge Patterson found that RDR Books failed to establish its affirmative defense of fair use. a href=http://www.courthousenews.com/2008/09/09/Rowling.pdfimg src=http://www.courthousenews.com/document.ico border=0 alt=//a |
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EU Court Unfreezes Assets of Saudi Charity
Court News |
2008/09/08 07:23
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Europe's highest court overturned a decision by the EU governments to freeze the assets of a Saudi businessman and a Sweden-based charity because of their alleged ties to terrorist groups.
The ruling allows judicial review of a regulation by the United Nations Security Council requiring member states to freeze the assets of individuals and organizations with ties to Osama bin Laden, al-Qaida or the Taliban.
But the European Court of Justice said the Security Council should not have deprived Yasin Al-Qadi and the Al Barakaat International Foundation of their property without giving them a chance to defend themselves in court. |
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NY Judge dismisses challenge to gay marriage recognition
Court News |
2008/09/08 07:22
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Judge Lucy Billings of the New York State Supreme Court dismissed a lawsuit Tuesday that challenged the decision made by New York Governor David Paterson to recognize out-of-state same-sex marriages. The lawsuit, brought by conservative Christian legal advocacy group Alliance Defense Fund [advocacy website], asked the court to declare that Governor Paterson's May 14, 2008 Executive Directive recognizing such marriages contravenes New York law and asked the court to permanently enjoin the Directive's enforcement, because it exceeds the Governor's lawful authority. In dismissing the lawsuit, Judge Billings wrote
blockquoteGovernor Paterson's Executive Directive dated May 14, 2008, requiring state agencies to recognize same sex marriages legally solemnized in other jurisdictions is consistent with New York's common law, statutory law, and constitutional separation of powers regarding recognition of marriages legally solemnized outside New York. ... The court therefore denies the declaratory and injunctive relief sought by the amended petition and grants respondents' motions to dismiss this proceeding./blockquoteGovernor Paterson's Executive Directive notes a February decision by an intermediate New York appellate court in Martinez v. County of Monroenbsp; holding that legal same-sex marriages performed outside the state are entitled to recognition in New York. The memo was dated one day before the California Supreme Court overturned a state ban on same-sex marriage in In re Marriage Cases. |
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