“Court Continues Microsoft Antitrust Case”: The Associated Press provides a report that begins, “Two antitrust claims brought against Microsoft Corp. by Novell Inc. can proceed, a federal appeals court ruled Monday.”
My earlier coverage of today’s Fourth Circuit ruling appears at this link.
“Mom who sued motel over porn film wins $85,000”: This article appeared Saturday in The Los Angeles Times.
Upcoming events: Justice Antonin Scalia will deliver the keynote address at the Second Annual John F. Scarpa Conference on Law, Politics, and Culture tomorrow at Villanova University. Details are available here and here.
And this Friday in Malibu, California, the Pepperdine University School of Law, in association with the National Constitution Center, will host a Caruso Family Chair Symposium on the Constitution titled, “An Enigmatic Court? Examining the Roberts Court as it Begins Year Three.” Details are available here and here.
“On the Docket: A Supreme Court Preview.” You can access online today’s broadcast of NPR’s “Justice Talking” — featuring a stellar group of guests — in both Windows Media Player and mp3 formats.
“Justices Deny Arizona Death Row Appeal”: The Associated Press provides this report.
You can access Justice Stephen G. Breyer’s dissent from the denial of certiorari at this link.
“Lawyer Who Quit Temporarily Tapped As AG”: Lara Jakes Jordan of The Associated Press has an article that begins, “A funny thing happened to Peter Keisler after he quit the Justice Department: They put him in charge.”
“James L. Oakes, Federal Appeals Court Judge, Dies at 83”: Adam Liptak will have this obituary Tuesday in The New York Times.
The home page of the U.S. Court of Appeals for the Second Circuit also contains a related announcement.
And you can access the judge’s Federal Judicial Center biography at this link.
On today’s broadcast of NPR’s “Morning Edition“: The broadcast contained audio segments entitled “Pentagon Accused of Domestic Spying” and “Atlanta Shooting Suspect to Use Insanity Defense” (RealPlayer required).
The U.S. Court of Appeals for the Fourth Circuit has issued its ruling in Novell, Inc. v. Microsoft Corp.: You can access today’s ruling at this link.
The decision — issued by a unanimous two-judge panel — begins:
We are asked here to review cross appeals from two interlocutory orders in an antitrust action by Novell, Inc. against Microsoft Corp. Novell seeks treble damages under sec. 4 of the Clayton Act for injuries allegedly suffered as a result of Microsoft’s anticompetitive conduct in violation of secs. 1 and 2 of the Sherman Act. In its suit filed in the District of Utah and transferred by the Judicial Panel on Multidistrict Litigation to the District of Maryland, Novell made six specific claims for damages to software applications it owned between 1994 and 1996. Two of the six claims allege that Microsoft’s conduct injured competition in the market for PC operating systems, a market in which Novell’s products did not directly compete. The district court declined to dismiss these claims over Microsoft’s objection that Novell, as neither a consumer nor a competitor in the relevant market, lacks antitrust standing to bring them. Microsoft appeals the denial of this motion to dismiss.
The remaining four claims allege harm to competition in the software-application market, in which Novell did compete. The district court dismissed these claims as untimely, and Novell appeals.
Today’s Fourth Circuit decision affirms both aspects of the district court’s ruling.
Ninth Circuit rejects another challenge to San Diego’s regulation of adult businesses: Today’s opinion considers and rejects a challenge to San Diego’s requirement that doors be removed from peep show booths.
Reuters is reporting: James Vicini reports that “Court rejects appeal by 30-year death row inmate.”
And in other news, “Top court rejects appeal by Microsoft, Best Buy.”
The Associated Press is reporting: In news from Boston, “Libeled Judge Faces Ethics Charges.”
And an article headlined “Lawyers, Co-Defendant Plead Not Guilty” begins, “The co-founder of a prestigious New York law firm and two co-defendants pleaded not guilty Monday to federal charges related to a major class-action kickback scheme.”
Do you wish you knew the addresses, telephone numbers, regular business hours and final collection times for outgoing mail for every United States post office? Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a decision holding that such information must be disclosed in response to a request made under the Freedom of Information Act.
“Reading Clarence Thomas: You know whom Justice Clarence Thomas really chastises in his new book? Himself.” Pulitzer Prize-winning historian David J. Garrow has this very interesting review (free access) of “My Grandfather’s Son: A Memoir” in today’s issue of Legal Times.
“Court Supremely Objects to Memoir”: New York Post gossip columnist Cindy Adams has this essay today in that newspaper.
The U.S. Court of Appeals for the Federal Circuit issues two decisions holding that patent-related legal malpractice suits “arise under” the patent laws and thus belong in federal court: You can access today’s rulings here and here.
The second of those two decisions is noteworthy because at some point the defendants, who removed the case from state court to federal court, decided that they would prefer the case to be in federal court, while the plaintiffs, who initially filed the lawsuit in state court, decided that they would prefer to remain in federal court.
The Atlanta Journal-Constitution is reporting: Today’s newspaper contains an article headlined “Courthouse security cuts no corners; As jury selection begins in trial of alleged killer Brian Nichols, Fulton works to ensure violence never strikes another courtroom.”
And yesterday’s newspaper contained an article headlined “State Supreme Court rejected plea that mirrored Genarlow’s.”
“Lawyers: New law makes child-porn defense tougher.” Marisa Taylor of McClatchy Newspapers today has an article that begins, “As the Justice Department steps up an aggressive crackdown on Internet child pornography, a little-noticed provision of a sex offender law is making it harder for defense attorneys to review some of the most important evidence against its suspected purveyors and consumers.”
“Court Rejects Microsoft, Best Buy Appeal”: The Associated Press provides a report that begins, “The Supreme Court on Monday rejected an appeal by Microsoft Corp. and a unit of Best Buy Co. Inc. in a lawsuit alleging the two companies fraudulently signed up customers for Microsoft’s online service.”
“FISA Follies: Psst! The Dems and Bush Don’t Really Disagree Much on FISA. (Don’t Tell Anyone!)” Benjamin Wittes has this essay online today at The New Republic.
“Court will define money ‘laundering'”: Lyle Denniston has this post at “SCOTUSblog.”
And The Associated Press reports that “Court Takes Money Laundering Case.”
You can access at this link the Order List that the U.S. Supreme Court issued today.
“Demystifying the U.S. Supreme Court’s Cert Granted Process”: This week’s installment of my “On Appeal” column for law.com can be accessed at this link.
And in the current issue of the Texas Law Review, Law Professor David R. Stras has a book review essay titled “The Supreme Court’s Gatekeepers: The Role of Law Clerks in the Certiorari Process.” Therein, Stras reports on “the results from the first empirical examination of every pool memo from four Terms of the Supreme Court: October Terms 1984, 1985, 1991 and 1992.”
“Clarence Thomas is not the hypocrite; It’s not fair to use affirmative action against the Supreme Court’s lone black judge”: James Kirchick has this op-ed today in The Los Angeles Times.
“Going to See a Ghost: Majid Khan and the Abuses of the ‘War on Terror.'” Today in The Washington Post, Gitanjali S. Gutierrez has an op-ed that begins, “Today at Guantanamo Bay, I am supposed to meet a ghost.”
“Interim Heads Increasingly Run Federal Agencies”: The New York Times today contains an article that begins, “For now, the most powerful law enforcement official in the federal government is a 47-year-old lawyer little known outside Washington. Or inside Washington, for that matter. He is acting Attorney General Peter D. Keisler, who is running the Justice Department until a new attorney general is confirmed by the Senate to replace Alberto R. Gonzales.”
And today’s edition of USA Today reports that “Mukasey hearings might not draw big fight; Many agree he’s the ‘right man’ for attorney general.”
“Measure to shield reporters’ secret sources likely to pass”: This article appears today in USA Today.
“When Does Pregnancy Begin?: A Federal Appeals Court Decision Implicates a New Abortion Question.” Sherry F. Colb has this essay today at FindLaw.
“Craig to file appeal Monday”: KTVB.com provides a report that begins, “Senator Larry Craig said Sunday he and his attorneys will file an appeal Monday morning, after a judge earlier denied Craig’s earlier attempt to overturn his guilty plea.”
And The Associated Press reports that “Sen. Craig to File Appeal.”
“U.S. Mulls New Status Hearings for Guantanamo Inmates”: This article will appear Monday in The New York Times.
“One man’s humiliation; Another’s exhilaration. Like Justice Thomas, I was an ‘affirmative action baby’; Unlike him, I was not ashamed; I pinched myself for the opportunity.” Columnist Bill Maxwell has this op-ed today in The St. Petersburg Times.
“Parity on drug sentencings”: Columnist Derrick Z. Jackson had this op-ed yesterday in The Boston Globe.
“New rules on court records often ignored; Some Miami-Dade and Broward judges aren’t following tough new rules meant to prevent the wrongful sealing of court records”: This article appears today in The Miami Herald.
“Tent city sets up for detainee tribunals; Authorities opt for an expeditionary approach to Guantanamo trials instead of building a costlier judicial center”: The Los Angeles Times contains this article today.
“A Justice’s Candid Opinions: Clarence Thomas has been a polarizing figure for nearly two decades; He says he’s just doing his job.” This interview will appear in the October 22, 2007 issue of Newsweek.
“5 Myths About That Demon Crack”: Craig Reinarman has this essay today in The Washington Post.