David Horrigan

March 09, 2009 | National Law Journal

The federally registered "OBX" trademark for products associated with North Carolina's Outer Banks came a step closer to meeting the fate of former trademarks Aspirin, Escalator and Pilates on Feb. 27, when the 4th U.S. Circuit Court of Appeals upheld a federal district court ruling that the OBX mark was invalid.

By David Horrigan / Special to The National Law Journal

3 minute read

April 18, 2003 | National Law Journal

By David Horrigan

2 minute read

March 23, 2009 | National Law Journal

In a legal dispute with environmental and industry groups attacking from different angles the federal government's application of the federal Endangered Species Act to Pacific salmon and steelhead trout, the 9th U.S. Circuit Court of Appeals has upheld the government's classification of hatchery-spawned and naturally spawned fish under the act. On March 16, the court partially reversed a federal district court and deferred to what it called the "technical expertise" of the federal government's Natural Marine Fisheries Service. The court held that the service had not been arbitrary and capricious in implementing its 2005 hatchery listing policy.

By David Horrigan / Special to the National Law Journal

3 minute read

March 08, 2004 | National Law Journal

The firefighter's rule�which immunizes property owners from liability for personal injuries suffered by police officers and firefighters in the line of duty�does not similarly shield a suspected pot smoker who led a Connecticut police officer on a chase through the woods where the officer fell from a rock ledge and suffered severe injuries.

By David Horrigan

3 minute read

April 26, 2003 | National Law Journal

An adult who engaged in phone sex with a teenager was in her presence for purposes of state law proscribing the taking of indecent liberties with a child, the North Carolina Court of Appeals held on April 15.

By David Horrigan

2 minute read

December 22, 2008 | National Law Journal

Addressing what it called "issues of exceptional importance" in a case of first impression, the 9th U.S. Circuit Court of Appeals held in a Dec. 16 en banc opinion that a trial court erred by failing to analyze whether local remedies should have been exhausted before Papua New Guinea residents filed suit in a U.S. court under the federal Alien Torts Statute (ATS), 28 U.S.C. 1350.

By David Horrigan / Special to the National Law Journal

4 minute read

August 18, 2003 | National Law Journal

Mixing U.S. Supreme Court jurisprudence with Federal Housing Authority (FHA) standards, the 5th U.S. Circuit Court of Appeals on Aug. 7 halved the amount of punitive damages awarded to an African-American man who was a victim of housing discrimination.

By David HorriganSpecial to The National Law Journal

2 minute read

February 02, 2009 | National Law Journal

Adding another chapter to the controversy over the demolition of public housing projects in New Orleans following Hurricane Katrina, the 5th U.S. Circuit Court of Appeals has ruled that displaced residents lacked standing to object to the razing of their former homes.

By David Horrigan / Special To The National Law Journal

3 minute read

April 26, 2003 | National Law Journal

The U.S. Navy did not violate a sailor's rights when it subjected him to a shipboard disciplinary proceeding known as a captain's mast in lieu of a full court-martial, the D.C. Circuit Court of Appeals said on April 15.

By David Horrigan

3 minute read

September 15, 2003 | National Law Journal

Citing the wedding dilemma of Katharine Hepburn's character in The Philadelphia Story, the 10th U.S. Circuit Court of Appeals has held that an Oklahoma federal court erred in failing to grant the habeas petition of a scorned lover convicted of manslaughter.

By David HorriganSpecial to The National Law Journal

2 minute read