1. One Who Flew Over the Cuckoos Nest: CAFA Style 1 hour ago   permalink

Class Action Fairness Act Blog

Romano v. SLS Residential, Inc . , No. 07 Civ. 0234 (KTD), 2011 WL 2671526 (S.D.N.Y. June 22, 2011). In absence of the definition of “primary defendant” in CAFA, a District Court in New York held that when the defendants are each equally culpable and liable for the injuries purportedly suffered by the putative class members, there is ...

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Class Action Fairness Act Blog Wearing Two Hats Cannot Protect The State from Removal   —  Nevada v. Bank of America Corp . , No. 3:11–cv–00135–RCJ–RAM, 2011 WL 2633641 (D. Nev. July 5, 2011). In this case, a District Court in Nevada held that the State’s presence as a real party of interest will not defeat diversity if the discrete class of consumers is also real parties in interest. The State of Nevada ...

Don T. Hibner / Antitrust Law Blog Antitrust Counterclaim in Patent Infringement Action Lacks Plausible Allegations of Competitive Injury   —  Plaintiff SPX Corporation ("SPX") brought a patent infringement action against Master Cool U.S.A. ("Master Cool"). Master Cool answered and counterclaimed. In its counterclaim, it alleged that SPX had violated Section 2 of the Sherman Act by its utilization of short term exclusive dealing incentive contracts with distributors,

2. KBR Requests That Losing Rape Claimant Pay Company’s Legal Fees 36 minutes ago   permalink

Nathan Koppel / Law Blog

The skirmishing has not yet subsided in the high-profile suit brought by Jamie Leigh Jones, the Houston woman who claimed that she was raped while working in Iraq for defense contractor KBR. Now, KBR wants Jones to pay for its legal fees and court costs.

3. A Dean's Lament: I Wish I Never Went to Law School 3 hours ago   permalink

Paul Caron / TaxProf Blog

Jim Chen (Dean, Louisville), Just a Perfect Reflection: As economic fortunes fall anew and fear runs rampant, legal education is experiencing another season of regret. Recent graduates and even some students have come to regret their decision to attend law school. They're hardly alone [except below]. Regret is nothing more...

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Money-law.blogspot.com Just a perfect reflection   —  As economic fortunes fall anew and fear runs rampant, legal education is experiencing another season of regret. Recent graduates and even some students have come to regret their decision to attend law school. They're hardly alone. Paul Caron / TaxProf Blog :    A Dean's Lament: I Wish I Never Went to Law School

Orin Kerr / The Volokh Conspiracy A Few Thoughts on “LawProf” and Law School Scam Blogs   —  (Orin Kerr) With law school scam blogs being in the blogospheric news these days, I wanted to offer a few thoughts. 1. In my view, Paul Campos’s blog has been useful. If Campos had written his blog using his real name, few would have paid attention. By hiding his identity, and by claiming that [...]

4. St. Louis Seeks to Hire a Tax Prof 3 hours ago   permalink

Paul Caron / TaxProf Blog

St. Louis University School of Law seeks to hire entry-level, experienced, and visiting faculty to fill a variety of curricular areas, including tax. To apply, send a letter of application, CV, and three references to Elizabeth Pendo, Chair, Faculty Appointments Committee. (Hat Tip: The Faculty Lounge.)

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Www.thefacultylounge.org Hiring Announcement: Saint Louis   —  SAINT LOUIS UNIVERSITY SCHOOL OF LAW invites applications from entry-level and experienced candidates for tenure-track appointments.  We also may have openings for visiting faculty members.  Applicants must possess a strong academic background, and a record or the promise of both teaching excellence and high scholarly ... Paul Caron / TaxProf Blog :    St. Louis Seeks to Hire a Tax Prof

5. Microsoft Conceives of Fast Boots Via the Cloud - Redmondmag.com 6 hours ago   permalink

IP Newsflash

Enter any valid publication number such as US6359159 to retrieve the INPADOC patent family with legal status.

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IP Newsflash Bar Sues LexisNexis - Courthouse News Service   —  Enter any valid publication number such as US6359159 to retrieve the INPADOC patent family with legal status.

IP Newsflash Osram verklagt erneut LG und Samsung - RP ONLINE   —  Enter any valid publication number such as US6359159 to retrieve the INPADOC patent family with legal status.

6. Osram will im LED-Patentstreit Exportverbot in Südkorea - AFP 6 hours ago   permalink

IP Newsflash

These headlines do not necessarily reflect the opinion of the patent law firm Freischem. Please also review the disclaimer

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IP Newsflash Wonky Claim Construction; Wonky On-Sale Bar - Patently-O   —  These headlines do not necessarily reflect the opinion of the patent law firm Freischem. Please also review the disclaimer

7. S Corp Shareholder Compensation 5 hours ago   permalink

Paul Caron / TaxProf Blog

Tony Nitti (WithumSmith+Brown, Aspen, CO) has posted S Corporation Shareholder Compensation: How Much Is Enough?, Tax Adviser (Aug. 2011). Here is the Introduction: S corporation shareholder-employees and their tax advisers often find themselves with differing goals when setting the shareholder-employee’s compensation. Typically, the shareholder-

8. Precedential No. 20: Madrid Opposer Limited to Single Ground Designated in ESTTA Form 6 hours ago   permalink

Thettablog.blogspot.com

A few months ago, the Board issued a decision that limited the goods opposed in a § 66(a) application to those identified on the ESTTA electronic form, despite the fact that additional goods were listed in an attached pleading. Hunt Control Sys. Inc. v. Koninklijke Philips Elec. N.V., 98 USPQ2d 1558 (TTAB 2011). [TTABlogged here]. In this case, ...

discussions

IP Newsflash :   Precedential No. 20: Madrid Opposer Limited to Single Ground Designated in ESTTA Form

9. Petition for Cert Filed by CEO Ian Norris 10 hours ago   permalink

White Collar Crime Prof Blogger / White Collar Crime Prof Blog

The Norris case provides an opportunity to consider the role of corporate counsel in dealing with a CEO, in addition to resolving a circuit split with the witness-tampering statute - 18 USC 1512(b). The defense raises the issue as to...

10. John DiStaso's Granite Status: Kimball refuses delegation request that he step down 12 hours ago   permalink

Www.unionleader.com

Jack Kimball (File Photo)

discussions

Richard Winger / Ballot Access News :   New Hampshire Republican Party Chair Refuses to Resign

11. Canada mourns 'incredible loss' of Jack Layton 15 hours ago   permalink

Www.vancouversun.com

Jack Layton has lost his battle with cancer, dying Monday morning at his home, surrounded by those closest to him. The charismatic, 61-year-old politician had recently stepped down as federal NDP leader, but had expressed hope that he would return when Parliament resumed next month.

discussions

Richard Winger / Ballot Access News :   Canada’s Jack Layton Dies; New Democratic Party Leader Had Turned that Minor Party Into a Major Party

12. China Announces First Administrative Anti-Monopoly Case 15 hours ago   permalink

X.Y. / Antitrust Law Blog

On July 27, 2011, China’s State Administration for Industry and Commerce (“SAIC”) posted on its website information on the first anti-monopoly case regarding abuse of administrative power to eliminate or restrict competition. The decision resulted from an unnamed city in China’s Guangdong province having issued an order ...

13. Somali pirate sentenced to life in prison 17 hours ago   permalink

Jurist.org

JURIST] A judge for the US District Court for the Eastern District of Virginia [official website] on Monday sentenced a Somali man to life in prison for his role in the hijacking of a US vessel that resulted in the deaths of four US citizens. They were the first US citizens to die in the recent wave of international maritime piracy attacks. Ali ...

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Jurist.org ICC in talks with Libya rebels to hand over Gaddafi son for prosecution   —  JURIST] Representatives from the International Criminal Court (ICC) [official website] were reportedly meeting Monday with Libyan rebels to discuss turning over the son of Libyan leader Mummar Gaddafi [BBC profile; JURIST news archive], Saif al-Islam Gaddafi, to the court for prosecution. The ICC issued arrest warrants [JURIST report] for Muammar,

14. Eleventh Circuit Affirms Convictions in Grade Changing Scheme 16 hours ago   permalink

White Collar Crime Prof Blogger / White Collar Crime Prof Blog

For many, this week starts the first week of classes. So it seems appropriate to remind everyone that hi-tech grade changing schemes can land students with criminal convictions and prison time. The Eleventh Circuit upheld the conviction and sentence of...

15. Cisco Supports Freedom of Expression, an Open Internet and Human Rights 16 hours ago   permalink

Blogs.cisco.com

First things first – Cisco believes in the Internet and its ability to educate, unite, empower, challenge, disrupt, collaborate, create and inspire, and the equipment we provide helps the Internet work.

discussions

Rainey / EFF.org Updates :   Cisco and Abuses of Human Rights in China: Part 1

16. Upcoming 2012 Mayan Apocalypse Upcoming Transhumanism-Triggered Second Coming of Jesus? 16 hours ago   permalink

Eugene Volokh / The Volokh Conspiracy

(Eugene Volokh) From a WorldNetDaily article: Secret U.S. experiments to prompt 2nd Coming? ... Secret experiments now underway in the U.S. and elsewhere are sparking fears of a potential extinction-level event hastening the 2nd Coming of Jesus .... The possibility of humans eradicating their own existence through technological advancement has ...

17. Gallup Poll for 2012 General Presidential Election Finds Close Race, Whether Republicans Nominate Mitt Romney, Ron ... 18 hours ago   permalink

Richard Winger / Ballot Access News

On August 22, Gallup released a poll for the 2012 general presidential election. Whether the Republican nominee is Mitt Romney, Rick Perry, Ron Paul, or Michele Bachmann, the race is close. See this summary of the results. Thanks to Political Wire for the link.

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Ted Frank / PointOfLaw Forum "Trial lawyers prep for war on Perry"   —  Politico covers the plans of the litigation lobby to attack candidate Rick Perry , who has made tort reform the centerpiece of his campaign. America's trial lawyers are getting ready to make the case against one of their biggest targets in years: Texas Gov. Rick Perry. Among litigators, there is no presidential candidate who inspires the same ...

18. Fall Schedule for Criminal Law Theory Colloquium at NYU and BLS 18 hours ago   permalink

Dan Markel / PrawfsBlawg

For those of you writing in criminal law theory/philosophy of crime and punishment, you might be interested in the information that I just circulated BELOW via email. Let me know if you want to be on the email list for future updates and paper drafts. Folks, Mike and I just wanted to let you know of the upcoming schedule for the Fall 2011 ...

19. Malaysia opposition leader denies charges at sodomy trial 19 hours ago   permalink

Jurist.org

JURIST] Malaysian opposition leader and former deputy prime minister Anwar Ibrahim [official profile; JURIST news archive] testified for the first time Monday in his trial on charges of sodomy, denying the charges against him. Anwar testified that the charges against him were fabricated [AFP report] by Prime Minister Najib Razak [official profile

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Jurist.org Finland court hears Rwandan genocide appeal   —  JURIST] A Finnish appeals court on Monday began hearing the appeal of former Rwandan pastor Francois Bazaramba [Trial Watch profile], convicted [JURIST report] last year on charges relating to his involvement in the 1994 Rwandan genocide [HRW backgrounder; JURIST news archive]. Although Bazaramba had denied charges of involvement in the genocide,

20. Separated at Birth? 19 hours ago   permalink

Matt Bodie / PrawfsBlawg