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Legal news from Wednesday, January 9, 2013
by Brandon Gatto

The US Supreme Court ruled 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 Nike's promise not to sue was broad enough to assure …

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by Michael Haggerson

The US Supreme Court heard oral arguments Wednesday in Missouri v. McNeely on whether the Fourth Amendment allows a police officer to take a warrantless blood sample to test for alcohol levels. The Missouri Supreme Court ruled that the exigency standard set in Schmerber v. California [opinion …

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by Brandon Gatto

A judge for the US District Court for the Southern District of New York on Tuesday ordered the New York Police Department (NYPD) to cease using a "stop-and-frisk" practice outside of apartment buildings in the Bronx, finding the policy unconstitutional. In particular, Judge Shira Scheindlin opined that the method, said to be a crime …

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by Matthew Pomy

Google subsidiary Motorola Mobility filled a motion Tuesday with the International Trade Commission to drop two key patents from it case against Microsoft. The claim alleges that Microsoft infringed on Motorola Mobility's patents related to technology used in the Xbox. The withdrawal of the claim is required in an agreement Google made with the …

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by Matthew Pomy

The UN International Labour Organization (ILO) released a report 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 than 52 million people world wide are domestic workers, and …

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by Cynthia Miley

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, a dissident group that Vietnam's government deems terrorists, although the US government has reported no evidence of …

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by Keith Herting

The US Supreme Court ruled 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 limitations. Lawyers for the appellant argued that though their client …

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by Keith Herting

A US military judge ruled Tuesday that the pre-trial punishment of Army Pfc. Bradley Manning, who is accused of leaking confidential documents to WikiLeaks, was illegal and excessive. Army Colonel Denise Lind, who is overseeing the pre-trial hearing, determined that the extended solitary confinement and suicide restraints used on Manning …

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by Cynthia Miley

The Illinois House on Tuesday voted 65-46 in favor of a bill 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 citizenship or a valid unexpired consular identification document, and a …

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by Maureen Cosgrove

A military contractor that was accused in a lawsuit by former detainees of the Abu Ghraib 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 defense contractors in federal court in 2008 for alleged torture …

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by Julia Zebley

The US Supreme Court heard oral arguments Tuesday in two cases. In Gabelli v. Securities and Exchange Commission the court heard arguments on the statute of limitations under 28 USC § 2462 and whether it begins tolling when the government can first bring an action against a penalty. The attorney for the …

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by Maureen Cosgrove

The European Court of Human Rights (ECHR) ruled 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 was inadequate lighting and a lack of hot water. The …

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by Julia Zebley

The US Supreme Court ruled unanimously on Tuesday in the combined cases Ryan v. Gonzales 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 can continue with only the attorney. Justice Clarence Thomas delivered …

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by Julia Zebley

The US Supreme Court ruled unanimously on Tuesday in Los Angeles County Flood Control District v. Natural Resources Defense Council that water flowing through a concrete channel from different points in the river does not create a pollutant under the Clean Water Act (CWA). Justice Ruth Bader Ginsburg delivered the opinion. All …

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