HOT DOCS

ELECTIONS – Nader v. Fed. Election Comm’n

BRIEF – Ralph Nader’s complaint before the F.E.C. was dismissed, in part because the F.E.C. determined the alleged wrongdoing in the 2004 presidential campaign was speculative. Nader argues here that he has standing to sue the F.E.C. because the dismissal was an error that could be repeated unless judicial review is available. (D.C. Cir.)

APPEALS – In re Flat Glass Antitrust Litig. (II)

OPINION – The court acknowledged in ruling on a summary judgment motion that the facts and the precedents were complicated. But that does not mean that the precedents were conflicted. This case was not one appropriate for an interlocutory appeal pursuant to 28 U.S.C. 1292(b), under which there must be genuine doubt as to the correct legal standard. (W.D. Pa.)

JURISDICTION – Samsung Austin Semiconductor LLC v. Integrated Airline Servs.

OPINION – Samsung ordered equipment that was delivered by air. On arrival, while still at the airport, defendant’s forklift operator dropped the equipment, irreparably damaging it. Even though the damage occurred at the airport, the air carriage had ended, so the Montreal Convention did not apply. There is no federal question, only state law claims. Remand granted. (N.D. Tex.)

CIVIL PROCEDURE – Lakewood Church, Joel Osteen v. Yesh Music

BRIEF – Yesh sued in Texas, then voluntarily dismissed their case and re-filed in New York. They voluntarily dismissed the N.Y. case, and moved the Texas court to vacate the Texas dismissal to continue the Texas case. Lakewood argues that the second dismissal operates as an adjudication on the merits and is with prejudice under Rule 41(a)(1)(A)(i). (5th Cir.)

LEGAL MALPRACTICE – DG Cogen Partners LLC v. Lane Powell PC

OPINION – Defendants represented plaintiff in an action against Hess Migrogen that was settled. The settlement terms released Hess Microgen from all claims plaintiff had against it. Plaintiff may proceed with its malpractice claim that defendants negligently failed to inform plaintiff of the effect of the settlement on additional potential claims against Hess Microgen. (D. Or.)

COURT WIRE: JUST FILED