Friday, February 23, 2007

In Case you missed it

The week in review:

  • USSCT Update: PHILLIP MORRIS USA v. WILLIAMS The Court held that the Due Process Clause forbids a jury from partially basing a punitive-damages award upon its desire to punish the defendant for harming persons who are not before the court.  For Aaron Streett's Supreme Court newsletter, click HERE.

  • Guantanamo Bay Detainee Case from D.C. Circuit: Federal courts do not have jurisdiction over petitions for writs of habeas corpus filed by aliens captured abroad and detained as enemy combatants at the Guantanamo Bay Naval Base in Cuba.  In depriving the courts of jurisdiction over the detainees’ habeas petitions, Congress did not violate the Suspension Clause.

  • Pleading fraudish claims with particularity: The Seventh Circuit affirmed a dismissal based on the particularized-pleading requirement of FRCP 9(b) regarding averments of fraud, even though the plaintiff did not plead "fraud" as a cause of action.  "Although claims of interference with economic advantage, interference with fiduciary relationship, and civil conspiracy are not by definition fraudulent torts, Rule 9(b) applies to 'averments of fraud' not claims of fraud, so whether the rule applies will depend upon the plaintiffs' factual allegations."

  • Britney Spears shaves her head.  (Link to image mercifully omitted).


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