On June 28, 2010, the US Supreme Court ruled in McDonald v. Chicago that the Due Process Clause of the Fourteenth Amendment makes the Second Amendment right to bear arms applicable to the states as well as the federal government. http://bit.ly/mfXnje
Apple filed suit Friday in the Seoul Central District Court claiming that the Samsung “Galaxy” line of products copies its iPhone and iPad technology. This follows similar suits by Apple in the US and suits by Samsung filed in South Korea, Japan and Germany. http://bit.ly/iUuhqF
The South Carolina House of Representatives voted 69-43 on Tuesday to enact legislation aimed at reforming the state’s immigration laws. The immigration reform bill allows police officers to check a suspect’s immigration status during a lawful stop, seizure, detention, or arrest, and mandates businesses to participate in the E-Verify system. The Bill now heads to South Carolina Governor Nikki Haley for signing. Several civil rights groups have announced they will challenge the consitutionality of the law in court.
Eight states and three private land trusts brought an action invoking the federal common law of public nuisance seeking to create an annual declining cap on greenhouse gas emissions. The EPA does not presently regulate such emissions. The US Supreme Court on Monday ruled in American Electric Power v Connecticut that a claim regarding greenhouse gasses cannot be brought under the legal framework of nuisance. The court held that to challenge greenhouse gas emissions the plaintiffs may file petitions for rule-making with the EPA to set emissions standards. By the time this case reached the Supreme Court, the EPA had already begun the rule-making process on the issue and is set to issue new standards by May 2012.
The US Supreme Court today in Wal-Mart v. Dukes that a group of women seeking to recover damages from Wal-Mart failed to meet the requirements for class certification. The case, a Title VII gender discrimination lawsuit including more than 1.5 million women, argues that Wal-Mart’s nationwide policies result in lower pay for women in comparable positions and longer waits for management promotions. http://bit.ly/iS5Efl
Apple Computer has been sued in Arizona U. S. District Court by by ICloud Communications over Apple’s trademark applications for marks using the name “iCloud.” ICloud Communications never registered a mark for it’s asserted prior use of the term “iCloud.” Trademark rights arise from use, not registration; however, proving prior use is much more difficult without registration. Some other benefits of registration are the availability of monetary damages because a defendant could not raise a defense of innocent infringement, as well as the ability to obtain an award of attorneys fees which are available by statute for registered marks. This case will most likely settle. The settlement value for iCloud Communications would have been significantly greater if had taken the simple step of properly registering its mark. Oops. Live and Learn.
House Republications voted to cut funds for food safety law approved by the last Congress. The law, which received bipartisan support, followed years of cutbacks at the FDA and a series of food-borne illnesses linked to foods as varied as spinach, peanuts and cookie dough. The amount by which the cuts in food safety enforcement would increase health care costs is unknown. http://wapo.st/ijzZGS
In a customary motion when a defendant is deceased, Federal prosecutors moved to drop all charges against Osama Bin Laden. DNA testing shows the possibility of mistaken identity is one in 11.8 quadrillion. http://bit.ly/mSWI0M
The Federal Trade Commission obtained a $10.4 judgment against Real Wealth, Inc., a company doing business under numerous aliases, which targeted unemployed workers with work-at-home scams. http://1.usa.gov/kZRi0W