Much has been written about a request by Netflix for rehearing en banc by the Federal Circuit.  Netflix would like to be reheard en banc regarding the recent denial of their request for attorneys fees incurred defending a patent claim (2010 WL 1293379). 

Netflix and BlockBuster among others were sued by Media Queue for supposed patent infringement.  The Northern District of California granted summary judgment for Netflix. 

However the US District Court also denied the request by Netflix for over $1,000,000 in attorneys fees.  Netflix appealed this decision to the Federal Circuit, and after the Federal Circuit at first sided with Media Queue, Netflix has moved for rehearing en banc (672 F.Supp.2d 1022). 

Netflix would like the court to adopt a more liberal standard for awarding attorneys fees, it is hoped that this will act as a deterrent to future baseless patent claims.  Netflix would have the courts apply an “objectively reckless” standard for awarding attorneys fees.

Depending on what the Federal Circuit decides to do with this case, it could end up being very important precedent.  You can set up a Docket Alert to track developments in this case with the docket number 10-1199.

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While it may have been a while since Bernie Madoff was front-page news, his escapades are still a popular research topic for attorneys.  The Reference Attorneys continue to receive a fair number of calls concerning litigation involving Mr. Madoff.

While a DOCK-ALL or ALLNEWS search is probably best (remember to truncate Bernie as bern!)  we’ve also had one or two customers asking if Westlaw has any Madoff-specific databases.  While no such database is currently available for Bernie Madoff, Westlaw does have several databases focused on famous, popular, or otherwise “notable” cases.

 Perhaps the best example of a notable case would be the O.J. Simpson trial, which has a few databases dedicated to it: OJ-COMMENT includes case commentary, while OJ-TRANS is comprised of trial transcripts and other documents.  There are similar databases available for the Unabomber (UBABOMB-TRANS), Timothy McVeigh (MCVEIGH-TRANS and MCVEIGH-DP), and the even the JKF assassination (JFK-TRANS).  If violence isn’t your thing, you can also check out MICROSOFT-TRANS and MICROAPP-DOC, which cover the Microsoft antitrust litigation.

 If you’re ever curious if we have a database specific to a notable trial, try typing the name of the trial’s defendant in Search for a Database.  For example, in the case of Bernie Madoff try entering “Madoff” in Search for a Database.  Westlaw will tell you that you’ve entered an invalid database.  Typing “OJ Simpson,” however, will get you several options to choose from.

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Monday, A Federal District Court judge in Virginia denied a motion to dismiss the complaint challenging the Patient Protection and Affordable Care Act’s requirement that individuals obtain a minimum level of health insurance coverage or pay a penalty.

After a thorough recitation of each sides arguments related to standing and the scope of Federal Authority under the Commerce Clause, the judge determined,

Given the presence of some authority arguably supporting the theory underlying each side’s position, this Court cannot conclude at this stage that the Complaint fails to state a cause of action.

2010 WL 2991385

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A popular request these days is, ‘how do I find a judge’s reversal rate?’  Westlaw has Judicial Reversal Reports online.  Judicial Reversal Reports provide a judge’s reversal rate with trends by case type, appellate panel, and other filters.   Judicial Reversal Reports can be found in a number of places on Westlaw:  Site Map, Profiler,  and the Litigation Tab. 

Click Site Map at top right of Westlaw.com screen.  Click Judicial Reversal Report in right column under Find a Person area. Simply type the Judge’s name in the box and click Search Westlaw.

Below is an example of what a partial  Judicial Reversal Report might look like.

Customize This Report  

Appealed Decisions ( January 2005 – July 2010)

 

Appealed Decisions 2005 2006 2007 2008 2009 2010 Total Affirmed 11 5 7 7 1 1 32 Affirmed in Part/Reversed in Part 0 1 1 1 0 1 4 Remanded 0 0 1 1 0 0 2 Affirmed as Modified 0 0 1 0 0 0 1 Petition Denied 0 0 1 0 0 0 1 Affirmed/Total Appealed* 11/11 5/6 7/11 7/9 1/1 1/2 32/40

*This report includes information from only those appeals where the lower court judge is identified in the decision.

Case Types ( January 2005 – July 2010)

 

Case Types 2005 2006 2007 2008 2009 2010 Total Criminal Justice 3 6 5 1 0 1 16 Domestic Relations/Family Law 7 0 5 1 0 0 13 Employment/Labor 0 0 0 3 0 0 3 Constitutional Law 2 0 0 0 0 0 2 Government 1 0 1 0 0 0 2 Real Property 1 0 0 0 0 1 2 Communications 0 0 0 1 0 0 1 Health 0 0 1 0 0 0 1 Legal Services 0 1 0 0 0 0 1 Science, Computers, and Technology 0 0 0 1 0 0 1 Other 0 0 0 3 1 1 5 Total 14 7 12 10 1 3 47

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The 4th of July has come and gone and now summer has truly arrived.  Triple digit temperatures are causing heat advisories in various parts of the country.  It does not take long for children and the elderly to become dehydrated.  It might seem obvious, but do not leave children in hot cars.  Hot Car deaths can lead not only to charges of parental abuse and neglect, but ultimately criminal charges as well.

In the WestlawNext Search box, type in:   HOT CAR DEATHS.  See the secondary source listed in the Overview screen -  CRIME AND PARENTHOOD: THE UNEASY CASE FOR PROSECUTING NEGLIGENT PARENTS, 100 Nw. U. L. Rev. 807.

If you do not have access to WestlawNext, go to the Find Document by Citation box on Westlaw.com and type in: 100 Nw. U. L. Rev. 807 and click GO.

This article is very interesting and includes the following  table:

*825 Table: Hyperthermia Incidents in the Criminal Justice System (1998-2003)

Identity of Defendant Number of Incidents Incidents Prosecuted82 Defendant Convicted Jail Sentence Imposed Mother 46 26/43 (60.5%) 23/25 (92%) 15/22 (68.2%) Father 28 11/25 (44%) 10/11 (90.9%) 5/9 (55.5%) Both Parents 14 6/12 (50%) 5/6 (83.3%) 1/4 (25%) Other Relative 14 6/10 (60%) 5/6 (83.3%) 1/5 (20%) Unrelated Party 28 24/27 (88.8%) 20/22 (90.9%) 12/20 (60%)

The conventional wisdom about parental negligence cases supposes that parents are usually not charged with a criminal offense and in the unlikely event they are charged, are rarely convicted.83 This perception clearly is inaccurate, especially with regard to mothers.84

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The United States recently filed an action against the State of Arizona, seeking a declaratory judgment stating that Sections 1-6 of Arizona’s S.B. 1070 are “invalid, null and void”, as well as an order enjoining the State or its officers, agents or employees from enforcing Sections 1-6 of S.B. 1070.

Senate Bill 1070 is, of course, Arizona’s controversial immigration  bill.  As anticipated, the primary claim is the bill’s alleged violation of the Supremacy Clause, based on the argument that the the federal government has preeminent authority to regulate immigration.

The complaint is available on Westlaw, and can be located by doing a find to 2010 WL 2653363.

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Recently, a lawyer in Philadelphia has made the headlines for his famous name. Justin Bieber, a personal injury attorney, has received emails and Facebook messages from fans who mistook him for the Canadian, tween singing sensation, Justin Bieber

One way Westlaw allows you to make sure you have the right person is with our Profiler databases. “U” can access them by clicking on the “Site Map” link. We have Profiler information for lawyers, judges, experts, and arbitrators.

The template search is one of the benefits of our Profiler databases. It allows you to input a name if you are looking for someone specific or to search by area of law or expertise if you are not. Once you make your selection the database gives you all of the current professional information we have for them on Westlaw and also will link to other materials they may be involved in, like appellate briefs or cases. So the next time you’re searching for someone on Westlaw use one of the Profiler databases to ensure you find the right Justin Bieber!

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We have had a lot of calls and provided several posts on researching issues related to the Oil Spill.  Westlaw has a new Oil Spill tab to assist you with  your research regarding the Oil Spill tragedy in the Gulf.  The tab has links to court documents, legal analysis and many other documents.

Click Add A Tab link at upper right of Westlaw.com screen.  Click Add Westlaw Tab.   Scroll down to the Topical area and place a check mark in the box to the left of Oil Spill.  Click Add to My TabSet at bottom of screen.

Reference Attorneys continue to field calls regarding Toyota litigation.  Docket alerts allow the Westlaw user to monitor specific courts for litigation filed against a specific party.  Setting up a docket alert is an easy process.  Click the alert center in the upper right-hand corner.  

Click create in the line of the docket alert and choose Receive an alert when new cases are filed.

Select your court and insert your party name.  Click save, and you will receive emails listing how many dockets apply.  In one day, 14 cases were filed in federal courts against Toyota. 

Once you regularly start receiving updates on new litigation, you might discover adverse or supportive litigation that you want to keep an eye on.  Westlaw’s alert center’s docket alert allows an individual to monitor a specific docket.  Westlaw will send the user an email when new filings are posted to the docket sheet

Select the proper court. Then you can  name the alert whatever you like, select the time of day for monitoring and select your delivery settings.  Once you’ve selected the relevant information, click save and Westlaw will monitor your docket for you.

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Attorneys for O.J. Simpson argued before the Nevada Supreme Court on Friday, June 11 to reverse Simpson’s conviction of armed robbery (and other similar offenses) from 2008. One of the arguments on appeal is that the trial court judge committed judicial misconduct throughout the trial which prejudiced Simpson.

Here is a link to the Appellant’s opening brief: SIMPSON, Orenthal J., Appellant, v. The State of Nevada, Respondent (2009 WL 3405087).

“the Court again scolds trial counsel. Court: listen folks, the last thing you want me to do as a trial judge is start losing my temper in front of the fine ladies and gentlemen of the jury and having to deal with all of you. You’ve been warned folks.”

To view filings from the trial court from this case, you can do the following search:

Database: NV-FILING

Search Query: TI(orenthal /2 simpson)

Number of Documents Retrieved: 13