Legal news from Wednesday, January 9, 2013
15:01 EDT

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Wednesday in Already, LLC v. Nike, Inc. that Nike's covenant not to enforce a trademark against Already's existing products and any future "colorable imitations" moots Already's action to have the trademark declared invalid. In this case, the court considered whether [read more]

15:01 EDT

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] Wednesday in Missouri v. McNeely [transcript, PDF; JURIST report] on whether the Fourth Amendment [text] allows a police officer to take a warrantless blood sample to test for alcohol levels. The Missouri Supreme Court ruled [opinion text] [read more]

14:01 EDT

[JURIST] A judge for the US District Court for the Southern District of New York [official website] on Tuesday ordered [opinion] the New York Police Department (NYPD) [official website] to cease using a "stop-and-frisk" practice outside of apartment buildings in the Bronx, finding the policy unconstitutional. In particular, Judge Shira [read more]

14:01 EDT

[JURIST] Google subsidiary Motorola Mobility filled a motion [text] Tuesday with the International Trade Commission [official website] to drop two key patents from it case against Microsoft. The claim alleges that Microsoft infringed [Reuters report] on Motorola Mobility's patents related to technology used in the Xbox. The withdrawal of the [read more]

13:01 EDT

[JURIST] The UN International Labour Organization (ILO) [official webiste] released a report [text, PDF] Wednesday highlighting the lack of protections provided to domestic workers worldwide. The report details the ways in which domestic workers are more vulnerable than other workers and what that means for the domestic worker population. More [read more]

13:01 EDT

[JURIST] The Vietnam Supreme People's Court in the central Nghe An province on Wednesday sentenced 14 Catholic Redemptorist bloggers to jail terms ranging from 3 to 13 years of combined prison and house arrest. The defendants are associated with Viet Tan [advocacy website], a dissident group that Vietnam's government deems [read more]

12:01 EDT

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Wednesday in Smith v. US that it is defendants' burden to prove they had removed themselves from a conspiracy in cases where their departure from the conspiracy happened long enough ago that prosecution would be barred by a statute of [read more]

12:01 EDT

[JURIST] A US military judge ruled Tuesday that the pre-trial punishment of Army Pfc. Bradley Manning [advocacy website; JURIST news archive], who is accused of leaking confidential documents to WikiLeaks [website; JURIST news archive], was illegal and excessive. Army Colonel Denise Lind, who is overseeing the pre-trial hearing, determined that [read more]

11:01 EDT

[JURIST] The Illinois House [official website] on Tuesday voted 65-46 [roll call, PDF] in favor of a bill [SB 0957, text] that would permit immigrants in the country illegally to obtain temporary driver's licenses if they can provide proof of one-year state residence, an unexpired passport from their country of [read more]

10:01 EDT

[JURIST] A military contractor that was accused in a lawsuit by former detainees of the Abu Ghraib [JURIST news archive] prison of conspiring to torture detainees has paid $5.28 million to detainees held at the prison and other US detention centers in Iraq. The detainees filed suit against two military [read more]

09:01 EDT

[JURIST] The US Supreme Court [official website] heard oral arguments Tuesday in two cases [JURIST report]. In Gabelli v. Securities and Exchange Commission [transcript, PDF] the court heard arguments on the statute of limitations under 28 USC § 2462 [text] and whether it begins tolling when the government can first [read more]

09:01 EDT

[JURIST] The European Court of Human Rights (ECHR) [official website] ruled [judgment, in French] Tuesday that overcrowding in Italy's prisons violates the basic rights of inmates. Seven inmates at two Italian prisons filed complaints against the Italian government in 2009, alleging that the prison cells were overcrowded and that there [read more]

08:01 EDT

[JURIST] The US Supreme Court [official website] ruled unanimously [opinion, PDF] on Tuesday in the combined cases Ryan v. Gonzales [JURIST report] and Tibbals v. Carter that there is no right to stay a federal habeas corpus proceeding until an inmate becomes competent. The court held, rather, that the proceeding [read more]

07:01 EDT

[JURIST] The US Supreme Court [official website] ruled unanimously [opinion, PDF] on Tuesday in Los Angeles County Flood Control District v. Natural Resources Defense Council [JURIST report] that water flowing through a concrete channel from different points in the river does not create a pollutant under the Clean Water Act [read more]

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