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Sarbanes-Oxley Can't Revive Dead Claims
Although the Sarbanes-Oxley Act established more generous time limits for filing securities claims, a federal judge has ruled the law cannot be used to revive claims for which the previous, shorter time limits had already expired. Since the text of Sarbanes-Oxley is ambiguous, Judge Anita B. Brody in Pennsylvania found that she was forced to apply the presumption, announced by the U.S. Supreme Court in its Landgraf decision, that the new time limits cannot be applied retroactively.A New York state court judge dismissed Madoff feeder fund investors' claims against Tremont Partners, MassMutual, Oppenheimer, and others, finding that plaintiffs had neither standing to sue nor evidence that the defendants were guilty of fraud.
The U.S. International Commission has upheld a decision to reject a so-called patent troll's infringement complaint against more than a dozen companies, knocking out the first case heard under new rules designed to streamline ITC litigation.
Citing Supreme Court Precedent, 11th Circuit Reverses Major Copyright Ruling
An 11th Circuit panel has reversed the circuit's 6-year-old opinion in a major copyright case, declaring the ruling's mandate on behalf of freelance photographers to be "moot." The ruling, called "curious" by an intellectual property expert, interpreted a landmark U.S. Supreme Court decision that expanded freelance writers' copyrights in a way that limited the copyright claims of freelance photographers. The panel sidestepped a precedent which binds it to the earlier circuit decision.Gletzer, plaintiff-respondent v. Harris, defendant-appellant
Judgment Creditor Is Not Entitled To Nunc Pro Tunc Treatment of Renewal LienCite as: Matter of Bear Stearns & Co. Inc. v. International Capital & Management Company LLC, 650125/201, NYLJ 1202498324828, at *1 (Sup., NY, Decided Date)p class="judg
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