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(U.S. 11th Cir., Civil Procedure, Copyright, Entertainment Law, Intellectual Property) In a copyright infringement case involving the rap song “The Weedman” which appears on a Lil John album “Kings of Crunk”, dismissal of plaintiff-musician’s claim for breach of fiduciary duty is affirmed where: 1) the amended complaint failed to allege a fiduciary relationship and thus failed to state a claim for relief; and 2) plaintiff could not the grant of summary judgment based on arguments raised for the first time in his motion for reconsideration.
Boston Scientific Scimed, Inc. v. Cordis Corp.
(U.S. Fed. Cir., Drugs & Biotech, Health Law, Intellectual Property, Patent) In a patent case involving a drug-eluting expandable stent with a coating that has a non-thrombogenic surface, denial of defendant’s motion for a new trial and judgment as a matter of law (JMOL) following a jury verdict of infringement of a patent claim is reversed where the district court erred as a matter of law in failing to hold the patent at issue to have been obvious.
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(Cal. App., Civil Procedure, Class Actions, Corporation & Enterprise Law, Evidence, Labor & Employment Law) In a class action suit against defendant-parcel delivery company for improper classification of employees as independent contractors, judgment in favor of defendant-company is affirmed over claims of error that the trial court: 1) abused its discretion by failing to amend the class definition in light of developments subsequent to class certification; 2) erred in instructing the jury as to both the burden of proof and with respect to the pertinent classification factors that distinguished employees from independent contractors; 3) applied incorrect legal standards in adjudicating plaintiffs’ unfair and unlawful business practices causes of action; 4) abused its discretion by allowing the introduction of irrelevant and “inflammatory” evidence as to the relative benefits of independent contractor status; and 5) erroneously permitted defendant to recover costs for the production of exhibits that were not used at trial.
Sun Life Assurance Co. of Canada v. Sampson
(U.S. 1st Cir., Civil Procedure, Contracts, Insurance Law) In an insurer’s interpleader action brought to resolve the allocation to beneficiaries of a $48,000 life insurance policy on an individual who died in 2005, wherein none of the defendants-potential claimants filed an answer, an order awarding insurer attorneys’ fees and costs is affirmed over defendant’s claim that the award was an abuse of discretion because the insurer acted in bad faith in filing the interpleader action in federal court.
Lott v. Levitt
(U.S. 7th Cir., Civil Procedure, Entertainment Law, Injury And Tort Law) In a suit by an academic alleging that he was defamed by a passage in the book Freakonomics, dismissal of the claim is affirmed where: 1) plaintiff explicitly submitted to Illinois law; 2) federal procedural rules did not bar the court’s application of the innocent construction rule; 3) the contested statement was capable of a non-defamatory construction; and 4) the district court did not err in failing to address a pro quod defamation claim or in rejected a proposed amended complaint since plaintiff did not allege any special damages in either the original or amended complaints.
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Rep. James Oberstar, Chairman of the House Transportation and Infrastructure Committee, is behind the newly introduced bill, H.R. 831 which bears the title “A Bill to Ensure Adequate Airline Competition between United States and Europe.” Rep. Oberstar’s speech in support…
More on the Oberstar Bill
A lead article in this week’s edition of The Economist is entitled, “The Return of Economic Nationalism.” As it states:Managing an economic crisis as complex as this one has so far called for nuance and pragmatism rather than stridency and…
Article of Note
Readers interested in the regulatory ramifications of airline alliances will want to peruse Prof. Philip G. Gayle’s recently published study, An Empirical Analysis of the Competitive Effects of the Delta/Continental/Northwest Code-Share Alliance, 51 J.L. & Econ. 743 (2008). Gayle, an…
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February 14, 2009 12:20 pm | 
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