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Date:Fri, 16 Nov 2001 20:57:22 -0800 (PST)


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November 19, 2001 =09 =09


[IMAGE] 3rd Circuit Shoots Down Gun Suit Theory The Legal Intelligencer =
In a major victory for gun manufacturers, the 3rd U.S. Circuit Court of App=
eals upheld Friday the dismissal of a suit brought by Camden County, N.J., =
that accused gun makers of creating a "public nuisance" and sought to recou=
p the governmental costs associated with gun-related crimes. Attorneys argu=
ed that the manufacturers contributed to the widespread criminal use of han=
dguns in the county. Full Text DuPont Plaintiff's Fight With Ex-Attorn=
eys Goes Federal Miami Daily Business Review After failing to get a state =
judge to hear his case, a Florida nurseryman has turned to the U.S. Distric=
t Court in Miami. Dale Smith says his former attorneys intentionally concea=
led from him the details of a settlement agreement they reached with DuPont=
in a claim that alleged the company sold Smith and others a fungicide, Ben=
late, that wiped out their crops. Smith had refused the settlement, but the=
n lost in a jury trial. Full Text Lawyer's Defamation Claim Against ABA =
Found Valid The Legal Intelligencer Attorney Richard Sprague has cleared a=
major hurdle in his defamation lawsuit against the American Bar Associatio=
n and its magazine, the ABA Journal, now that a Pennsylvania federal judge =
has ruled that readers could have attached defamatory meaning to the magazi=
ne's labeling Sprague a "fixer." Although the ABA argued that the descripti=
on was intended as a compliment, the judge found the term also has a negati=
ve meaning. Full Text Georgia Appeals Panel Reviews Rabbinical Court R=
uling Fulton County Daily Report A Georgia talent agent has asked the Geor=
gia Court of Appeals to reverse a ruling that an ancient rabbinical legal p=
roceeding, a bet din, didn't follow state law. The lower court found that a=
bet din is a legitimate means of arbitration as long as it complies with G=
eorgia law, but that, because there were no records kept, the proceeding us=
ed to resolve the agent's dispute with his client violated the client's rig=
hts. Full Text Justice Rejects Microsoft Penalty The Associated Press =
The Justice Department considered but rejected penalties against Microsoft =
in its antitrust case that would have forced the company to reveal the secr=
et blueprints to its Windows software and to distribute products from its f=
iercest rivals, court records show. Critics have said the government's sett=
lement is inadequate and that Microsoft will be able to bypass many of the =
agreement's sanctions because of vague language. Full Text ADVERTISEMENT=
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her the American Red Cross or the September 11th Fund. Click here . Ten=
tative Settlement Terms Reached in Ford Bias Suits The Associated Press Fo=
llowing a marathon negotiating session, Dearborn, Mich.-based Ford Motor Co=
. has reached tentative settlement terms in age- and gender-bias claims bro=
ught by current and former employees in two class actions. Negotiations ove=
r seven individual suits, which claim the company's evaluation system favor=
ed younger, so-called diversity candidates, are scheduled to begin in earne=
st this week. Full Text [IMAGE] Advice for In-House Counsel: Deleting C=
omputer Chaos Corporate Counsel Nothing concentrates the mind like disas=
ter, and the attacks in New York and Washington, D.C., prompted information=
technology types and their corporate overseers to review their recovery pl=
ans. Shockingly, some had none. Others weathered the crisis pretty well and=
managed to get up and running quickly. So what's the lesson? Mobility and =
redundancy are good. Centralization isn't. Visit the Automated Lawyer Spot=
light Snapshot: Cleary Gottlieb's Brenton Miller Law Technology News B=
renton Miller is director of knowledge management at Cleary, Gottlieb, Stee=
n & Hamilton in New York. Here, Miller discusses how knowledge management i=
s about building connections -- connecting attorneys with practice news; co=
nnecting clients with case information; and connecting data from different =
departments into a meaningful whole. He also talks about how his firm, loca=
ted across from the World Trade Center, handled the disaster. Visit Automa=
ted Lawyer Tech News The Five Myths of Case Management American Lawyer M=
edia Case management systems have long held the promise of being the best t=
hing since word processing and e-mail. But if that's so, why doesn't everyo=
ne use them -- and use them successfully? Lawyers have high expectations of=
case management programs, but these expectations are often too high. Let's=
explore five myths of case management. Visit Automated Lawyer Tips and Re=
views [IMAGE] Historic High Court Ruling Is Troublesome Model for Moder=
n Terror Trials American Lawyer Media In 1942, President Franklin Roosevel=
t authorized the creation of a military commission to try German saboteurs =
arrested in the U.S. The Supreme Court decision upholding the tribunal prov=
ides strong authority for President Bush's order authorizing military commi=
ssions as a way to bring the Sept. 11 terrorists to justice. But to some, t=
he decision demonstrates that wartime justice can be too hasty to withstand=
the test of time. Full Text ADVERTISEMENT FREE WEB PROGRAMS Earn MCL=
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ur schedule Click here The Power of Attorneys Texas Lawyer Weeks befor=
e Enron Corp.'s stock slid to single-digit depths and rival Dynegy Inc. agr=
eed to acquire the formerly high-flying energy trading company, plaintiffs'=
lawyers representing disgruntled shareholders were moving in for the kill.=
The first shareholder suit was filed in Houston more than three weeks befo=
re the deal was announced on Nov. 9. At least a dozen more have been filed =
since. Full Text [IMAGE] EchoStar Offers Theory Behind DirecTV Buy The=
Deal EchoStar's $600 million gamble that it will win antitrust approval to=
acquire DirecTV is risky, but experts say the company has crafted a novel =
theory that has a chance of succeeding. The company argues that a merger wo=
uld bolster competition by letting EchoStar challenge cable in about 100 ma=
rkets. If the Department of Justice accepts this argument, the companies ma=
y complete their $25 billion deal. If not, they will go to court. Full Text=
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