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EBay wins court fight against L'Oreal in UK
World Business News | 2009/05/22 08:49
A British court on Friday ruled that Internet marketplace eBay is not liable for bogus beauty products sold on its Web site, dealing a blow to cosmetics company L'Oreal's campaign against the online auction giant.


L'Oreal SA has taken eBay Inc. to court across Europe, suing in Britain, Germany, France, Belgium and Spain over the sale of fake fragrances and cosmetics on the site.

L'Oreal claims there is an increasing volume of counterfeit goods being sold on eBay. The online auctioneer said negotiations between the companies on the issue broke down because L'Oreal was being unreasonable.

Justice Richard David Arnold ruled in London's High Court that eBay Europe was not liable for trademark infringements committed by its users.

EBay said in a statement that the British ruling was "a victory for consumers and the thousands of entrepreneurs who sell legitimate goods on eBay every day."

A call placed with L'Oreal's London office seeking comment was not immediately returned.

Earlier this month, a French court ordered L'Oreal and eBay to settle their differences, giving them until May 25 to come up with a mediated settlement. Other cases elsewhere in Europe are still pending.



Calif. wants US Supreme Court OK of video game ban
Breaking Legal News | 2009/05/21 09:16
California Gov. Arnold Schwarzenegger and Attorney General Jerry Brown petitioned the U.S. Supreme Court on Wednesday to reinstate a state law banning the sale or rental of violent video games to minors.


In February, the 9th U.S. Court of Appeals struck down the law as a free speech violation that could limit minors' access to other material under the guise of protecting children. The court said there are less restrictive ways, such as parental control, to prevent children from accessing violent video games.

The court also dismissed as unpersuasive the scientific studies linking violent video games to aggressive and anti-social behavior.

The state Legislature passed the law in 2005, but it never took effect because the video game industry sued soon after Schwarzenegger signed the measure that would have barred sales and rentals to anyone under the age of 18.

The governor and attorney general argued Wednesday that the same legal justifications for banning minors from accessing pornography can be applied to violent video games.



Supreme Court candidates together at conference
Law Center | 2009/05/21 09:15
Federal appeals court judge Diane Wood and Solicitor General Elena Kagan, two candidates for the impending vacancy on the Supreme Court, took part in a conference Wednesday on the importance of judicial independence.


Kagan gave the keynote address at the daylong event that also included a lunchtime speech by retiring Justice David Souter.

Wood, who serves on the U.S. Court of Appeals for the 7th Circuit in Chicago said she had long planned to attend the conference, but she would not answer any questions about the court.

She declined to say whether she was visiting the White House during her stay in Washington.

Wood and Kagan are among the candidates the president is considering to replace Souter, according to officials familiar with President Barack Obama's thinking.

Also attending the day's panel discussions at Georgetown University Law Center were Justice Stephen Breyer and retired Justice Sandra Day O'Connor, who has led the annual event since her retirement from the court in 2006.

She noted that Souter is "going to join me in that now very exclusive group of retired Supreme Court justices. His presence will double the membership."



Obama says US prisons tough enough for detainees
Politics | 2009/05/21 09:14
President Barack Obama said Thursday some of the terror suspects held at Guantanamo would be brought to prisons in the United States despite fierce opposition in Congress. He promised to work with lawmakers to develop a system for imprisoning detainees who can't be tried and can't be turned loose.


"There are no neat or easy answers here," Obama said in a speech in which he pledged anew to "clean up the mess at Guantanamo" that he said the nation had inherited from the Bush administration.

Obama conceded that some of the detainees would end up in U.S. prisons and insisted those facilities were tough enough to house even the most dangerous inmates.

Obama decried arguments used against his plans.

"We will be ill-served by the fear-mongering that emerges whenever we discuss this issue," he declared.

Speaking at the National Archives, Obama said he wouldn't do anything to endanger the American people.



Worries over persistent job losses pound stocks
Securities | 2009/05/21 09:13
Persistent job losses set off new worries about the economy and weighed on stocks Thursday.


The Dow Jones industrial average lost 150 points after continuing claims for unemployment benefits set their 16th straight weekly record. The number of newly laid-off workers seeking benefits fell last week but only after jumping a week earlier because of auto layoffs.

The report is causing the market to reconsider its optimism over early signs of recovery in the economy, which helped propel a two-month rally that lifted stocks off of 12-year lows in early March. On Wednesday, stocks gave up early gains and ended lower after the Federal Reserve said the economy was likely to shrink by more than expected this year.

Wall Street's concerns extended beyond jobs to fresh worries about the ability of governments to help grease economic activity with public spending. Credit ratings agency Standard & Poor's said Britain may have its rating cut because of rising debt levels, which would raise borrowing costs for the British government.

Even with governments pumping huge amounts of money into economies around the world there are still questions about how soon a rebound might take hold. In the U.S., home prices are still sliding and unemployment remains at a 25-year high.

Stephen Carl, a principal and head of equity trading at The Williams Capital Group, said the market is sliding in part because it isn't getting a steady diet of good news to draw in more buyers.



Ky. high court clears way for mine death lawsuit
Labor & Employment | 2009/05/21 04:17
The widow of a Kentucky coal miner who bled to death after his legs were cut off in a gruesome underground accident can proceed with a lawsuit against the company that employed him.


The Kentucky Supreme Court, in a unanimous ruling Thursday, gave Stella Morris of Cumberland the go-ahead to seek punitive damages from H & D Mining Inc.

The company had filed a motion to have the lawsuit dismissed. That motion was denied by the trial judge, the Kentucky Court of Appeals and now the Supreme Court.

David "Bud" Morris Jr., 29, bled to death in 2005 after being struck by a coal hauler, severing his legs just below the knees.



Judge: Giuliani golf lawsuit slices off course
Court Watch | 2009/05/21 03:16
A federal judge uses golf lingo and quotes from "Caddyshack" in his ruling that a lawsuit by ousted Duke University golfer Andrew Giuliani against the school landed out of bounds.


The opinion issued Tuesday by U.S. Magistrate Judge Wallace Dixon recommended dismissing the lawsuit against Duke. Dixon used phrases such as "this shot also lands in the drink" in the decision, which now goes to a District Court judge.

Giuliani's attorney said Wednesday he wants the case to move forward.

Giuliani is the son of former New York City Mayor Rudy Giuliani. His lawsuit claims that Duke's golf coach manufactured accusations against him to justify kicking him off the team.

A Duke spokesman said the opinion recognized there is no right to play on a team.



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