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Court: Samsung can't sell tablet in Germany
Headline Legal News | 2011/09/09 08:39
A German court rules that Samsung Electronics's Galaxy Tab cannot be sold in Germany because it violated patents of rival Apple's iPad2.

A Duesseldorf state court said Friday it would not allow Samsung, based in Seoul, South Korea, to market its Galaxy Tab 10.1 in Germany because it too closely resembles the iPad2.

Already in August, the court had ruled in favor of Apple, based in Cupertino, California, forcing Samsung to withdraw its tablet from the market.

Samsung challenged the ban. The companies are involved in a series of legal disputes in countries around the world over allegations that each copies the other's technology.


W.Va. lawyer nominated to federal appeals court
Attorney News | 2011/09/09 08:38
President Barack Obama has nominated Hamlin native Stephanie Dawn Thacker as a judge on the 4th U.S. Circuit Court of Appeals.

Thacker has been a partner in the Charleston law firm of Guthrie & Thomas since 2006.

Before that she spent seven years with the U.S. Department of Justice. Her work as a trial attorney there focused on prosecution and training in connection with child pornography and sexual exploitation, sex trafficking, obscenity and other offenses.

She also served as an assistant federal prosecutor and worked for the state attorney general's office.

The U.S. Senate must now consider Thacker's nomination to the Richmond, Va.-based court. The seat became vacant after the March death of Judge Blane Michael.

The 15-member court covers North Carolina, South Carolina, Maryland, Virginia and West Virginia.


Court tosses Sivak's death sentence
Legal Business | 2011/09/08 09:20
The 9th U.S. Circuit Court of Appeals has reversed the death sentence of an Idaho man convicted of brutally slaying a former coworker because the state allowed a jailhouse informant to lie on the witness stand.

Lacey Mark Sivak was sentenced to death for the 1981 murder of Dixie Wilson at the Baird Oil gas station in Garden City. In a ruling handed down Wednesday, the appellate court said that while Sivak's murder conviction was appropriate, the outcome of his sentencing hearing might have been different if prosecutors hadn't knowingly presented the testimony of an inmate who lied on the stand.

Still, the appellate court said state attorneys may decide to hold a new sentencing hearing if they still want to seek the death penalty for Sivak's crimes.


Wal-Mart Uses Class Action Against Netflix
Headline Legal News | 2011/09/07 09:19
Wal-Mart is using its failed class action lawsuit with Netflix to attract new users to its video streaming service, Vudu.

A federal court in California agreed late last week to allow Wal-Mart to pay $27.5 million to 40 million Netflix subscribers. The kicker? They can make the payment in the form of gift cards for Walmart.com. As a result, this also gives Wal-Mart access to Netflix's customer database.

The class action suit came in response to a dinner meeting in 2005, where the CEOs of Netflix and Wal-Mart allegedly agreed to share the DVD market. According to consumer advocates, under the pact, Wal-Mart agreed not to rent DVDs if Netflix promised not to sell them. Class action suits were filed against both companies in 2009, claiming that this agreement violated antitrust laws.

While Wal-Mart decided to settle the case, Netflix is still fighting the allegations, claiming the suit "has no merit."

Wal-Mart's settlement, which still has to be finalized in February 2012, comes as the discount giant is in the process of aggressively promoting its Vudu service, which it acquired in February 2010. At the same time, Netflix is in dire need of an image cleanup, following several unfriendly consumer moves, including a recent price hike and the falling out of its Liberty Starz deal.


Ex-Pa. House speaker pleads guilty to corruption
Legal Marketing | 2011/09/06 09:33
The onetime speaker of the Pennsylvania House of Representatives pleaded guilty Wednesday to eight criminal charges stemming from a public corruption investigation, making him the highest-ranking state politician to be convicted in the four-and-a-half-year inquiry.

Ex-Rep. John M. Perzel entered the plea to two counts of conflict of interest, two counts of theft and four counts of conspiracy. He left the courthouse without commenting, but apologized in an e-mailed statement and said he bore responsibility for improprieties in spending public funds he controlled.

"It was up to me to see that taxpayer funds were spent only for the betterment of the people of Pennsylvania, and not for my political benefit (or) that of my party," Perzel said in the news release.

Prosecutors have described Perzel, 61, as being at the center of a scheme to spend millions of taxpayer dollars on computer technology for the benefit of GOP political campaigns.

Also Wednesday, his nephew and co-defendant Eric S. Ruth, 36, pleaded guilty to conspiracy and conflict of interest. Ruth once worked in the House Republican technology office.


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