Blawg Search - Law Blogs, Lawyer Blogs, Legal Blogs Directory & Search Engine

... Affirming in part and Reversing in Part OPINION BY SCOTT; VENTERS NOT SITTING FROM HARDIN COUNTY DATE RENDERED: 8/21/2008 Appellant, David A. Clark, appeals his conviction of one count of first-degree rape, seven counts of first-degree sodomy, three counts of second-degree sodomy, eight ... convictions which arise out of a single course of conduct and not requiring proof of a fact which the other does not. Briefs: Appellant's Brief Appellee's Brief Appellant's Reply Brief Digested by Michael Stevens

... the claims seeking injunctive and declaratory relief; the defense argued that "because all allegations arose out of Clark's employment or termination of employment, they must be resolved in arbitration pursuant to the arbitration provision in the Form U ... each claim in the class action complaint except the injunctive and declaratory relief causes of action. Clark, at 319. The trial court explained that "the following must be brought in arbitration with the NASD: '[c]laims for restitution, damages ...

... is entitled to JMOL on the issue of willful infringement, and on the grounds of invalidity, laches and equitable estoppel. Judge Clark granted AT&T's motion for judgment as a matter of law based on the first ground set forth above, on ... ;T System is linked before activation. Although it was essentially moot given that he found no infringement, Judge Clark also granted the motion for JMOL on the ground of willfulness for the alternative reason (citing Seagate) that TGIP did not prove by clear ...

... but the Court of Appeal reversed. The Court of Appeal noted that its review of class action settlements was "limited in scope." Clark, at 451. The objectors argued that the trial court apparently relied on plaintiffs' counsel's belief that the overtime claim ... concluded that the trial court abused its discretion in awarding the named plaintiffs $25,000 each as an incentive award. Clark, at 455. The trial court gave no explanation for why it found the enhancement to be "fair and reasonable," and the ...

... for the remainder of the unexpired term ending December 31, 2011. This appointment is effective June 21, 2008. Caroline Clark, of Louisville, has served as commissioner of the Kentucky Public Service Commission since August 2007. She previously was an associate ... from Centre College and her law degree from the University of Kentucky. She replaces Andrew Manno, whose term is ending. Clark shall serve for a term expiring July 14, 2012. This appointment is effective July 15, 2008. The governor has ...

An eagle-eyed reader asked yesterday what effect Judge Clark's May 19 ruling finding the patent invalid in Finisar v. DirecTV, No. 1:05cv264 had on ... , a Beaumont jury returned a verdict of $78.9 million for Finisar in Judge Ron Clark's court, following the court's pretrial ruling that while seven of the asserted claims were ... Inc., 523 F.3d 1323, 1341 (Fed. Cir. 2008). On remand, Judge Clark invited briefing on the invalidity issues under the new construction, and on Tuesday of this week granted the ...

... of party activists who they hope will propel their candidacy forward before the rest of the world really starts to notice. Wes Clark took a big step forward in that primary today by making this effective ad for Lamont: Few of the other possible candidates have done ... appearance, and almost none have done any Lieberman-bashing, even though he refused to respect the result of the party primary. Wes Clark shows here not only that he's tough, but that he's a party player. The activists will like that ...

Governor Ernie Fletcher Appoints Caroline Pitt Clark to Public Service Commission Governor Ernie Fletcher today appointed Caroline Pitt Clark, a Louisville attorney, to the Kentucky Public Service Commission (PSC). [State Press release]

I usually don't post on individual judges' procedures, but today's order from Judge Clark in at least several pending Lufkin patent cases is a pretty innovative blend of existing procedures in use by other judges and new ideas about ... a certificate of conference signed by lead and local counsel stating that a proper meet & confer has taken place - which Judge Clark defines as a personal conference (phone or in person) between lead and local counsel for both sides. (Did I mention my new firm ...

... mother's death on the children, and their need for psychotherapy. Guiler responded through his expert, Stephen Clark, Ob-Gyn, Salt Lake City, that the care was good, and that AFE is an unpredictable and highly fatal condition. Regarding the ... to abort vaginal delivery, and leaving the hospital, Guiler contended that there were no indications of problems. Dr. Michael Ehrie, Pulmonology, Ashland, testified about the role of the AFE in plaintiff's death; further, the administration of the thyroid ...