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EquuSuit for Damages!
July 13, 2011
A search and rescue group filed a civil suit against Casey Anthony on Tuesday to recover the money the organization spent in an attempt to find her daughter Caylee during the summer and fall of 2008.
The suit by Texas EquuSearch (TES) alleges the search organization spent over $112,000 and coordinated more than 4,200 volunteers in an unnecessary attempt to locate Caylee for months after her mother knew the two-year-old girl was dead.
"Casey Anthony made ongoing misrepresentations to TES and its founder Tim Miller, and failed to correct materially false information provide to Mr. Miller in order to convince TES, its staff and volunteers to engage in extensive, costly and time-consuming searches for Caylee," the lawsuit says.
During the trial, Casey Anthony's lawyers argued that Caylee accidentally drowned in the Anthony family's above-ground pool, and that Casey Anthony and her father, George Anthony, panicked and covered up the death -- something George Anthony denied on the witness stand.
Official reflects on Casey Anthony case
The case began drew national attention in part because Casey Anthony failed to report Caylee missing for a month, during which she moved out of her parent's home, partied in Orlando nightclubs and shopped. When confronted, she accused a nonexistent nanny of taking the girl.
Caylee's skeletal remains weren't found until December 2008, six months after she was last seen alive.
The suit asks for compensatory damages of $115,00, plus interest and attorneys' fees.
Casey Anthony, 25, is set to be released Sunday after receiving credit for time served on a four-year sentence. She was convicted of lying to police during the investigation into Caylee's disappearance. She was acquitted of murder and manslaughter charges in her death.
Microlost!
July 11, 2011
The U.S. Supreme Court has let stand a $300 million patent infringement ruling against Microsoft, granting a victory Thursday to i4i, which filed the lawsuit back in 2007.
The legal battle already forced Microsoft to modify certain functionality in its Word application in 2009, when the U.S. District Court for the Eastern District of Texas ruled in favor of Toronto-based i4i and told Microsoft to stop selling Word in the U.S.
At issue was an i4i patent that covers technology that lets users manipulate the architecture and content of a document, which i4i alleged Microsoft infringed upon by letting Word users create custom XML documents. Microsoft removed the feature.
"This case raised an important issue of law which the Supreme Court itself had questioned in an earlier decision and which we believed needed resolution. While the outcome is not what we had hoped for, we will continue to advocate for changes to the law that will prevent abuse of the patent system and protect inventors who hold patents representing true innovation," Microsoft said in a statement.
The case has been closely watched by legal experts because Microsoft, backed by other major technology vendors like Google and Apple, had argued in favor of watering down the usual standard required for companies to successfully defend themselves from patent infringement accusations.
Currently under U.S. law, a patent is presumed valid and alleged infringers bear the burden of establishing otherwise "by clear and convincing evidence." However, Microsoft sought to have that standard loosened, so that the invalidity of the i4i patent could be established "by a preponderance of the evidence."
Requiring defendants to establish "clear and convincing evidence" hurts innovation because it unduly shields dubious inventions from legal challenges after the U.S. Patent and Trademark Office has granted them patent protection, Microsoft argued.
But the Supreme Court, in an 8-0 decision in which Chief Justice John Roberts didn't participate, sided with the lower court's decision.
"According to Microsoft, a defendant in an infringement action need only persuade the jury of an invalidity defense by a preponderance of the evidence. In the alternative, Microsoft insists that a preponderance standard must apply at least when an invalidity defense rests on evidence that was never considered by the [U.S. Patent and Trademark Office] in the examination process. We reject both contentions," wrote Associate Justice Sonia Sotomayor in court's opinion.
I4i didn't immediately respond to a request for comment.
Read The Supreme Court [pdf] Opinion: MICROSOFT CORP. v. I4I LIMITED PARTNERSHIP, ET AL.
$7.4 million!
July 7, 2011
BAKERSFIELD, Calif. -- The Bakersfield City School District will be paying millions of dollars to the family of a teacher who was killed in an accident involving one of its school buses last year.
The crash happened just before 8 a.m. on Sept. 20, on Kern Canyon Road just east of Morning Drive.
According to court records, the BCSD has settled a wrongful death lawsuit with Flores' family for $7.4 million.
The California Highway Patrol said the female driver of the school bus was headed west on Kern Canyon Road when she failed to realize that traffic in front of her was stopped.
Officer Robert Rodriquez said that's when she slammed on her brakes, sending the bus sliding for several hundred feet.
The driver lost control and veered onto the east bound lanes and struck an SUV, driven by 32-year-old Laura Martinez Flores, head-on, Rodriguez said.
Flores used 68 units of Type O blood, which is six times the amount of blood in the human body.
Flores, who was a teacher in the district, died at the hospital a week later.
Flores' 2-year-old child, who was in the SUV was not hurt.
The driver of the bus only suffered minor injuries.
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