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(Clearwater lawyer) Branch Consultants v. Allstate Ins. Co.

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(U.S. 5th Cir., Civil Procedure, Government Law, Insurance Law) Dismissal of a False Claims Act suit arising out of Katrina-related insurance fraud is affirmed in part where the FCA’s first-to-file jurisdictional bar applied to plaintiff’s case against certain defendants despite the fact that plaintiff focused on different details, geographic locations, and other insurer defendants; but reversed in part where the previous case’s allegations and generic naming of two other insurers, by itself, did not trigger the first-to- file bar as to plaintiff’s specific allegations against other insurers that the first case did not name.

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(Attorney in tampa) Lebron v. Sanders

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(U.S. 2d Cir., Civil Procedure, Criminal Law & Procedure, Habeas Corpus) In a habeus petition action, plaintiff’s motion for an extension of time to file motions to proceed in forma pauperis and for a certificate of appealability is granted where: 1) pro se plaintiff cannot access, without cost, from prison some of the federal case law that form a part of the substantive basis of the district court’s dismissal of his habeus petition; and 2) the court is concerned about the impact on the appearance of justice when pro se litigants may not have financial access to case authorities that form the basis of a court’s decision, thereby hampering the opportunities to understand and assert their legal rights. New local rules of the Southern and Eastern Districts of New York also oblige counsel to provide pro se litigants with copies of unreported decisions or decisions reported exclusively on computerized databases that are cited in their submissions to court.

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(Accident attorney tampa) Text of H.R. 831

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A full text of Rep. James Oberstar’s controversial new bill is available from the Government Publications Office here.


A Bill to Ensure Adequate Airline Competition between United States and Europe (?)

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…


Slots and the Ongoing oneworld Application

Airport Coordination Limited (ACL), which is charged with coordinating slots at Londons Heathrow Airport, submitted answers last week to the U.S. Department of Transportation as part of the latters ongoing investigation into the pending alliance approval and antitrust immunity application…


LaHood’s Aviation Agenda

Last Friday, President-elect Barack Obama named Illinois Republican Congressman Ray LaHood to head the U.S. Department of Transportation. LaHood has been characterized “as a pragmatist” with a “determination to get things done while not getting bogged down in ideology.” The…

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(Aviation attorney) Coyne’s & Co., Inc. v. Enesco, LLC

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(U.S. 8th Cir., Commercial Law, Contracts, Copyright, Injury And Tort Law, Intellectual Property, Trade Secrets, Trademark) In a suit related to the early termination of a distributor agreement, denial of a preliminary injunction is affirmed where plaintiff could not demonstrate a likelihood of success on its claims since the distributor agreement was no longer in effect, and defendant’s termination of the agreement did not fall under the Minnesota Franchise Act’s termination requirements since plaintiff had never paid defendant a franchise fee.


Kinetic Concepts, Inc. v. Blue Sky Med. Group, Inc.

(U.S. Fed. Cir., Evidence, Health Law, Intellectual Property, Patent) In a patent case involving patents for treating difficult-to-heal wounds by applying suction, various trial court rulings are affirmed over claims: 1) by defendants that the trial court erred in denying their motion for judgment as a matter of law on obviousness, and their alternative motion for a new trial on obviousness; 2) by defendants that the district court erred in its construction of “wound” and its failure to find several claim terms indefinite; and 3) by plaintiff that the court erred in denying its motion for judgment as a matter of law of infringement, or, in the alternative, its request for a new trial on infringement.

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