HOT DOCS

PATENT – Two Moms and a Toy LLC v. Int’l Playthings LLC

OPINION – Plaintiff filed a declaration from the patent’s co-inventor as a lay witness under Evidence Rule 701. Defendant argued the declaration contained opinions based on technical knowledge. The declarant may not have deep experience in the field, but she knows more than the average person about this type of invention. The declaration is inadmissible. (D. Colo.)

DEFAMATION – Joyce McKinney v. Errol Morris

BRIEF – McKinney was involved in the “Manacled Mormon” tabloid scandal in the U.K. in the 1970s. She argues that Morris tricked her into doing an interview for a film that was ultimately defamatory towards her. McKinney also argues that she is not a public figure, nor is the until-recently forgotten tabloid story of “public interest.” (Cal.Ct. App., 2nd Dist.)

LEGAL MALPRACTICE – Tippi Hedren v. Allen

BRIEF – After Tippi Hedren was injured on a soundstage, her attorney admitted he was negligent in dismissing her personal injury case. But he argues that the jury award of nearly $1,500,000 was excessive, due to improper jury instructions on causation, erroneous rulings on the evidence of damages, and a purely emotional appeal to the jury. (Cal.Ct. App., 4th Dist.)

CIVIL PROCEDURE – Cont’l Credit Sys. LLC v. Applied Merchant Sys. W. Coast Inc.

OPINION – The parties disagreed over ownership of card-swiping hardware involved in the sale of credit card agreements. Defendant argued that a forum selection clause was triggered, but plaintiff argued this was a tort case that did not touch the contract. But since interpreting the contract will be central to the case, the contract’s forum selection clause is triggered. (N.D. Ill.)

TRUSTS AND ESTATES - Hebrew Univ. of Jerusalem v. Gen'l Motors

OPINION - Where Hebrew University claimed unlimited duration in right of publicity per Albert Einstein’s will, extension more than 50 years past his death burdened the public’s freedom of expression. Whereas copyright is designed to encourage the future creation of works of art, the interest sought to be protected by the right of publicity is usually the byproduct of a different and earlier endeavor. (C.D. Cal.)

COURT WIRE: JUST FILED