In addition to sharing their expertise via articles, blog posts, and newsletters, JD Supra lawyers also share their successes – the favorable rulings and decisions they’ve achieved. Whether or not you agree with the outcomes, we know that these victories are often hard won. This week, we’d like to congratulate five of our contributing attorneys and organizations on their recent wins:
Intellectual property litigator Ronald Coleman. who successfully opposed a motion to stay his client’s action for patent infringement – the motion having been filed by powerhouse firms Seyfarth Shaw LLP and joined by Greenberg Traurig, Simpson Thacher, Cooley Godward, Abelman Frayne, Cowan Leibowitz, Birch Stewart, Baker Botts and Buchanan Ingersoll. All too often these types of David vs. Goliath cases become wars of attrition, fought with motions like the foregoing. Kudos to our “David,” Ron (and of course his client), for prevailing. (The decision: Tropp v. Conair Corporation (E.D.N.Y.))
Elections attorney Robert Thomas, who achieved unanimous affirmance of a state board of registration’s ruling that, in order to register as a voter, a person must have a fixed habitation in the district in which he is attempting to register, as well as a “physical presence” there. Intent to return there is not enough. Sounds pretty straight forward – but, as with all litigation, there are two sides to the case. So, congratulations to Robert for his success. (The decision: Dupree v. Hiraga (Hawaii Sup.Ct.)
Insurance attorney Charles Graber, who recently obtained a verdict after bench trial in favor of his client and against Erie Insurance Exchange. The court rejected all four of the exclusions the insurer claimed relieved it of the obligation to cover water damage to the insured’s commercial building in September 2004. The verdict comes after three years of litigation. Well done, Charles! (The findings and verdict: 1804-14 Green Street Assoc. v. Erie Ins. (Pa.Super.))
Non-profit advocacy group, Electronic Frontier Foundation, on the recent District Court’s rejection of claims by the American Society of Composers, Authors, and Publishers (ASCAP) that they are entitled to royalties each time a phone rings in a public place. Though EFF did not file the action, it submitted a persuasive amicus brief in opposition tot he ASCAP’s position. (The decision: In Re: Application of Cellco Partnership DBA Verizon Wireless (S.D.N.Y.))
Non-profit advocacy group, Electronic Privacy Information Center, on the Indiana Court of Appeals ruling that the Indiana Voter ID law, which requires certain individuals to present government-issued photo identification before they could vote, violates the state Constitution. EPIC and ten legal scholars and technical experts filed an amicus brief in that case, urging the Court to invalidate the law because of its disparate impact and its reliance on REAL-ID. (The opinion: League of Women Voters of Indiana, et al. v. Rokita (Ind.Ct.App.))
Have you recently won a motion or case? Upload the decision to JD Supra and we’ll feature it in our next roundup.