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Payless Must Pay Adidas $304M in Trademark Case

May 09, 2008

(Andrews) - A federal jury in Portland, Ore., has ordered retailer Payless ShoeSource to pay $304 million in damages for infringing Adidas' trademarks for its famous three-stripe design.The award may be the largest ever in a trademark infringement case. "I've been trying trademark cases for 40 years and I don't know of another verdict this large," according to Adidas' attorney, Jerre ...

Foreclosure Advice Firm Targeted in Minn. Lawsuit

May 06, 2008

(Andrews) - Minnesota's attorney general has filed suit to stop a mortgage foreclosure consulting company from making allegedly false representations to homeowners in the state."We do not tolerate mortgage foreclosure consultants taking advantage of struggling homeowners who are already between a rock and a hard place in the worsening mortgage meltdown," Attorney General Lori Swanson said in a statement. Although the ...

A New York Appeals Court Allows Victims of the 1993 World Trade Center Bombing to Recover Massive Damages from the Port Authority

May 06, 2008

(FindLaw's Writ) - Last week, the Manhattan-based First Department of New York's Appellate Division sustained a jury's finding that the Port Authority of New York and New Jersey was liable in connection with the 1993 World Trade Center (WTC) attack. Now, unless the New York Court of Appeals -- New York's highest court – reverses that decision, the Port Authority will be required to pay up to $100 million in damages to 55 attack victims (or, if the victims are deceased, to their families). In this column, I will focus on how ...

How the Supreme Court's Lethal Injection Ruling Elevates Appearances Over Reality

April 21, 2008

(FindLaw's Writ) - Last week, in Baze v. Rees, the U.S. Supreme Court rejected a constitutional challenge to Kentucky's administration of the death penalty via lethal injection. To say that the case divided the Justices would be a gross understatement. There was no opinion for the Court as a whole, and the nine Justices wrote a total of seven separate opinions. In the short term, the Baze decision will result in the resumption of executions, which had been subject to a de facto moratorium since the Court agreed to hear the case. In ...

Ford Explorer Class Action Settlement

April 17, 2008

(Common Law Blog) - The settlement of a Ford Explorer class action case has been approved by a California judge, awarding "discount certificates" to vehicle owners in four states. According to Reuters, under the settlement -- which applies to most new Explorers purchased or leased between 1991 and 2001 in California, Connecticut, Illinois, and Texas -- Ford will issue $500 "discount certificates" for the purchase or lease of a new ...

Why Congress Must Act to Protect Air Passengers A Lawsuit Brought by Passengers Trapped on the Tarmac Without Basic Necessities

April 18, 2008

(FindLaw's Writ) - This column is Part Two in a two-part series on this subject. Part One appeared recently on this site. - Ed. At the outset of the Summer 2008 travel season, as many readers will be well aware, airlines left countless thousands of passengers stranded. The delays and cancellations occurred because airlines had unconscionably failed to keep planes in compliance with safety regulations, and the Federal Aviation Administration (FAA) had finally been embarrassed by whistleblowers into taking action. ...

Nursing Home Residents Shouldn't Lose Right to Sue, Senators Say

April 18, 2008

(Andrews) - The Senate has introduced a bill that would prohibit nursing homes from having residents sign away their right to sue before any disputes arise.The Fairness in Nursing Home Arbitration Act would bar the facilities from asking prospective residents to sign arbitration agreements before being admitted. Herb Kohl, D-Wis., who chairs the Senate Special Committee on Aging, and committee member ...

3rd Cir. Rejects Suits Over Drugs' Lack of Suicide Warnings

April 15, 2008

(Andrews Publications) - The makers of two popular antidepressants cannot be sued for not including on the drugs' labels enhanced warnings about their alleged risk of suicide, the 3rd Circuit has ruled, saying the Food and Drug Administration did not mandate such disclosure.

National Geographic 'Zone' Book Infringes Trademark, Suit Says

April 15, 2008

(Andrews Publications) - The National Geographic Society is infringing trademarks held by the creator of the "Zone" diet and lifestyle program by publishing its own health-related book titled "The Blue Zone," a Massachusetts federal court suit alleges.

Texas Man Sues Doctor for Negligence, Fraudulent Billing

April 11, 2008

(Andrews Publications) - A Houston doctor's negligent treatment and fraudulent billing scheme left one of his patients with a permanently damaged right hand and wrist, according to a Texas state court lawsuit.

Bally Fitness Faces Pa. Class Suit Over Startup Fees

April 10, 2008

(Andrews Publications) - A Pennsylvania federal judge has approved a class of more than 140,000 Bally Total Fitness health club members who allegedly paid excessive startup fees over defense objections that membership costs were not common to the class.

Judge OKs Probe of Countrywide's Bankruptcy Tactics

April 10, 2008

(Andrews Publications) - A Justice Department official can pursue her investigation into whether mortgage lender Countrywide Home Loans has serially cheated bankrupt borrowers in their bankruptcy cases, a Pennsylvania federal judge has ruled.

Investors Learn How to Hold Prime Subprime Villains Accountable

April 10, 2008

(Andrews Publications) - Investors and attorneys left a "subprime crisis" seminar in New York armed with ways to hold officers, directors and advisers of troubled financial services giants accountable for losing more than $700 billion on risky mortgage-backed securities.

Muslim Worker Can Pursue Religious-Bias Case

April 9, 2008

(Andrews Publications) - A federal appeals court has reinstated a Muslim worker's lawsuit alleging he was subjected to a religiously hostile work environment that his employer knew about but ignored.

Students' Harassment Complaints Enjoy Absolute Privilege

April 8, 2008

(Andrews Publications) - Student complaints filed under a university's antiharassment policy are protected by an absolute privilege and cannot be the basis for a slander lawsuit by the alleged harasser, the Indiana Supreme Court has ruled.

Fla. Woman Wins $750K From Cooper Tire Over Husband's Death

April 7, 2008

(Andrews Publications) - A Florida state court jury has awarded the widow of a man killed in a minivan rollover accident $750,000 in damages, finding that a defective Cooper tire led to the crash.

Walgreens Settles Race Bias Suits for $24.4 Million

April 7, 2008

(Andrews Publications) - Drugstore giant Walgreens will pay $24.4 million to 14 black management employees to settle race discrimination claims in two consolidated lawsuits in Illinois.

N.J. Woman Says Lender Duped Her Into Taking Out Subprime Loan

April 3, 2008

(Andrews Publications) - A homeowner claims in a New Jersey federal court lawsuit that a mortgage broker and a lender scammed her into taking out an expensive subprime mortgage loan.

Minn. Firm Hid Subprime Investment Losses, Shareholder Says

April 3, 2008

(Andrews Publications) - A money order processing firm fraudulently hid more than half a billion dollars in subprime investment losses while selling overpriced stock in 2007, an investor alleges in Minnesota federal court.

Pa. Radiation Suit Settles for $27.5 Million

April 1, 2008

(Andrews Publications) - A federal judge has approved a $27.5 million settlement of a lawsuit alleging that hundreds of Apollo, Pa., residents were exposed to radiation from two uranium processing plants for almost 30 years.

Stop Release of Beatles Bootlegs, Apple Corps Tells Court

March 28, 2008

(Andrews Publications) - Apple Corps Ltd. has filed suit in Florida federal court seeking to stop the release of bootleg recordings of a series of Beatles performances from 1962.