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Daily Decision Service Alert: Vol. 18, No. 20 ? January 30, 2009
Daily decision alert.3rd Circuit Rules CountiesImmune to False Claims Act
The 3rd U.S. Circuit Court of Appeals has ruled that county governments cannot be sued under the False Claims Act - also known as the federal whistleblower law - because its mandatory treble damages provision is punitive in nature and local governments are immune under the common law from being assessed punitive damages.Managing the Money: Is Cash Flow Becoming a Big Issue for Law Firms?
When now-defunct Wolf Block attempted to tap into its line of credit in the beginning of this fiscal year to help manage cash flow, its bank wasn't all that eager to hand over the dough without some serious conditions that partners just couldn't swallow.Forum shopping alleged in Ch. 11
Florida food retailer Winn-Dixie's bankruptcy filing in New York has rekindled allegations that a forum-shopping war between the states includes bankruptcy judges engaging in unseemly competition for cases.The Not-So-Usual Class Action Suspects
Class action work in Australia has traditionally been dominated by two big plaintiffs' firms. But last month it was mid-tier corporate firm Piper Alderman that delivered a victory in a class action against Lehman Brothers. Other mainly defense firms have also been trying the plaintiffs' side on for size.New Merger Guidelines Downplay Need to Define Markets
In his antitrust column, Elai Katz, a partner at Cahill Gordon & Reindel, discusses recent developments, including the circulation of revised merger guidelines, two decisions addressing market definition in merger cases and a Ninth Circuit holding that a product design improvement by a dominant firm, without more, did not constitute unlawful monopolization.Humane Society to pay critics' fees
By Aisha I. Jefferson, Staff ReporterRecent rulings that the Atlanta Humane Society must pay $150,000 in attorneys' fees to two women the society had sued for defamation means the state's anti-SLAPP statute has the proper amount of punch, the women's lawyers said."This was a big victory for free speech rights in Georgia.Proposed SHIELD Act Takes Aim at 'Patent Trolls'
Representative Peter DeFazio, D-Oregon, was only vaguely aware of the so-called "patent troll" issue plaguing small technology companies until he visited software firms in his district about a year ago. It was then that he heard stories about outrageous patent lawsuits threatening the viability of the firms, he said.Trending Stories
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