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U.S. Court of Appeals for the Eighth Circuit announces its ruling in Americans United for Separation of Church and State v. Prison Fellowship Ministries, Inc.: You can access today's ruling at this link. That court's own summary of the decision begins: In action by inmates, taxpayers, inmate relatives and Americans United for Separation of Church and State alleging prison officials decision to pay the non-sectarian expenses of a values-based pre-release program violated the Establishment Clause ...

On remand from the U.S. Supreme Court, a unanimous three-judge Seventh Circuit panel holds that plaintiffs' allegations of securities fraud in Makor Issues & Rights, Ltd. v Tellabs Inc. create the requisite "strong inference" of scienter: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link. The Supreme Court's ruling from June 2007, which vacated the Seventh Circuit's earlier decision reinstating plaintiffs' ...

Applera Corp.-Applied Biosystems Group v. Illumina, Inc. (PDF) 2008 U.S. Dist. LEXIS 16712 Decided Feb. 21, 2008 Judge Alsup Judge Alsup construes six terms in this patent infringement lawsuit: 1) initializing oligonucleotide probe 2) ligating an extension oligonucleotide probe to said extendable probe terminus 3) extended oligonucleotide probe 4) identifying 5) just-ligated extension probe 6) repeating steps (b), (c) and (d) until a sequence of nucleotides in the target polynucleotide is ...

... Federal Judicial Center's April report on the Class Action Fairness Act's effects. The FJC reported that federal class action filings had indeed increased in the months since CAFA, just ... courts have applied the doctrine to bar consumer fraud claims. See Albertson v. Wyeth Inc., 2003 WL 21544488 (Pa. Com. Pl. July 8, 2003); Luke v. American ... , it created an exception in direct-to-consumer marketing cases in Perez v. Wyeth Labs., Inc., 161 N.J. 1, 734 A.2d 1245, 1247 (1999). That case was discussed ...

... three-judge Ninth Circuit panel affirms certification of class action suit against Wal-Mart alleging sexual discrimination under Title VII of the 1964 Civil Rights Act: You can access today's ruling in Dukes v. Wal-Mart, Inc. at this link. Circuit Judge Harry Pregerson wrote the majority opinion, in which Circuit Judge Michael Daly Hawkins joined. Circuit Judge Andrew J. Kleinfeld issued a passionate dissenting opinion that concludes: The district court calls this class certification "historic ...

"I do not believe that every error by a panel is enbancable. A panel is entitled to err without the full court descending upon it." So writes Circuit Judge Alan D. Lourie, in an opinion issued today concurring in the U.S. Court of Appeals for the Federal Circuit's decision to deny rehearing en banc in Amgen Inc. v. Hoechst Marion Roussel, Inc. Six separate opinions accompany the denial of rehearing en banc, including a dissent from that court's newest judge, Kimberly Ann Moore.

... for allegedly tortious conduct where the gist of the alleged conduct sounds in contract rather than tort." Hospicomm, Inc. v. Fleet Bank, N.A., 338 F. Supp. 2d 578, 582 (E.D. ... .e., the oral representations were fraudulently omitted from the contract, not fraud in the inducement. Dayhoff, Inc. v. H.J. Heinz Co., 86 F.3d 1287, 1300 (3d Cir. ... at the same time and in the same contract . . . ." Hershey Foods Corp. v. Ralph Chapek, Inc., 828 F.2d 989, 995 (3d Cir. 1987) [*31] (internal citation omitted). ...

... Thanks to Judge David Tatel for at least acknowledging serious DEA-based problems that led to the revocation of Novelty, Inc.'s registration: "I agree with Judge Henderson that Novelty's other objections to the Deputy Administrator's decision are ... The Deputy Administrator correctly concluded that even if DEA agents violated the First Amendment [prohibiting Novelty, Inc., from videotaping the DEA inspection] during their inspection of Novelty's warehouse, the exclusionary rule is inapplicable to ...

... engine may use the meta tags to provide the searcher a brief description of the web page. Brookfield Commc'ns, Inc. v. W. Coast Entm't Corp., 174 F.3d 1036, 1045 (9th Cir. 1999 ... meta tags. However, not all courts agree; for cases where liability was not found, see Standard Process, Inc. v. Banks, (E.D. Wis. April 2008); Site Pro-1, Inc. v. Better Metal, (E.D.N.Y. May 2007) and S & L Vitamins, Inc. v. Australian Gold, Inc., (E.D.N.Y. Sept. 2007). For an in depth treatment of this issue see the ...

... : Today, a unanimous three-judge Ninth Circuit panel issued its ruling in Perfect 10, Inc. v. Amazon.com. Circuit Judge Sandra S. Ikuta's opinion begins: In this ... to stop an Internet search engine from facilitating access to infringing images. Perfect 10, Inc. sued Google Inc., for infringing Perfect 10's copyrighted photographs of nude models, among other ... publicly displaying thumbnail versions of Perfect 10's images, Perfect 10 v. Google, Inc., 416 F. Supp. 2d 828 (C.D. Cal. 2006), but did not ...