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Visitation Denied To Kidnapping Birth Mom
Headline Legal News |
2009/08/13 09:33
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According to Courthouse News, a mother who gave her twins up for adoption and later kidnapped them during a visitation is not entitled to see the children again, the North Carolina Court of Appeals ruled.
Allison Quets used in vitro fertilization to become pregnant, using donated eggs and sperm. After the successful procedure, she looked into the possibility of giving her twins up for adoption.
After giving birth to Hannah and Tom in Florida, Quets arranged for them to be adopted by relatives of her 67-year-old boyfriend. The agreement called for limited visitation and communication between Quets and the twins.
Quets and the children were found in Canada four days after Christmas. The Needhams retrieved the twins, and Quets was charged with kidnapping. She was fined and placed on probation.
Quets sued to have the adoption invalidated, claiming that she was a victim of fraud. She also asked that her original open adoption agreement from Florida be enforced.
The trial court ruled that a parent who gives up a child for adoption lacks standing to sue for custody and visitation. The appeals court affirmed the decision, disagreeing with the Quets' assertion that the open adoption agreement gives her standing. |
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WTO Tells China To Ease Regulation of US Media
Headline Legal News |
2009/08/12 11:50
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According to Courthouse News, the World Trade Organization handed the United States a major victory on Wednesday with a ruling that China can't claim exclusive distribution rights to the CDs, DVDs, books, music and other media products made by US companies and sold in China.
The United States filed suit in March 2008, after unsuccessfully trying to get China to lift its hold on distribution. China required all US media producers to route their products through Chinese state-owned companies.
The WTO issued the 464-page ruling last month, but the opinion wasn't released to the public until Wednesday. The WTO panel supported many of the claims made by trade associations representing US media companies such as EMI, Sony BMG, McGraw-Hilland Simon & Schuster.
Hollywood studios like Warner Bros., Disney and Paramount were less successful in challenging China's purported "duopoly," or requirement that US films go through one of two distributors, a restriction not imposed on Chinese films. |
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Judge Limits Reliance Theory In BDO Seidman Securities Case
Headline Legal News |
2009/08/11 09:18
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According to The Legal Intelligencer, a federal judge has denied a motion for class certification made by a group of investors seeking to hold accounting firm BDO Seidman responsible for poor returns on their purchase of notes and other securities from American Business Financial Services.
In determining whether the plaintiffs in Malack v. BDO Seidman met qualifications for receiving class status, US District Court Judge Thomas N. O'Neil Jr. for the Eastern District of Pennsylvania gave a lengthy analysis of the varying cases in New Jersey, Pennsylvania and other district and circuit courts that dealt with the issue at hand in Malack --a fraud-created-the-market theory of reliance. The theory relaxes the burden of proof for plaintiffs regarding reliance when it comes to newly issued securities, which is what the plaintiffs purchased from now bankrupt ABFS.
The idea is that because the notes are new and the price isn't determined by the market, but by the seller, investors can rely on securities laws to protect them from fraud. |
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Suquamish Tribe Can Fish Outside Usual Areas
Headline Legal News |
2009/08/10 13:46
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Courthouse News reports the Suquamish Tribe can fish in Puget Sound areas outside their traditional grounds, the 9th Circuit ruled, explaining that a 1978 federal court decision clearly allowed the tribe to fish in Saratoga Passage and Skagit Bay.
The Skagit Tribe and federal government challenged the Suquamish Tribe's fishing in these Puget Sound zones, as the Suquamish only recently changed their fishing patterns to include these areas.
The Suquamish Tribe, along with the state of Washington, appealed US District Judge Ricardo Martinez's grant of summary judgment to the Skagit Tribe.
The 9th Circuit found that the 1978 decision, written by now-deceased US District Judge Boldt, unambiguously defined the Puget Sound as bounded "from the northern tip of Vashon Island to the Fraser River." This clearly includes Saratoga Passage and Skagit Bay, the appeals court said, as these regions lie in the sound's center. |
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Court Overturns $2.5M Patent Award For Exergen
Headline Legal News |
2009/08/07 08:41
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According to Courthouse News, the Federal Circuit reversed a $2.5 million award for Exergen in a patent dispute over infrared thermometers.
Systems Application of Advanced Technology (SAAT) makes radiation-detecting thermometers that allegedly infringe on Exergen's patents. The thermometer detects radiation from skin near the temple on a person's forehead and converts the reading to the patient's oral temperature.
The case proceeded to trial, and the jury awarded Exergen $2.5 million in lost profits, finding that SAAT had directly violated two patents and induced infringement of a third patent. The jury also rejected SAAT's defense that the patents weren't valid.
However, as the case was appealed, both the circuit court and the district court agreed that SAAT's argument, known as inequitable conduct, requires it to identify the who, what, where and how of the alleged misrepresentation or omission. In this regard, SAAT's pleading fell short, Judge Linn concluded.
The court reversed the final judgment for Exergen on validity and infringement, and dismissed SAAT's inequitable conduct claim. |
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