Westlaw Journals weekly round-up

March 27, 2013

Westlaw Journals Weekly RoundupThe new Westlaw Journals blog brings you litigation headlines in over 30 substantive areas of law.  Here are some highlights from the past week:

Microsoft to pay $733 million for violating browser deal: European regulators have fined Microsoft 561 million euros, or $733 million, for failing to keep its promise to offers users a choice of competing Web browsers for the Windows 7 operating system. The fine stems from the European Commission’s 2009 antitrust probe into whether Microsoft was taking advantage of its dominant market position to force its Internet Explorer browser on users. (Antitrust)

California high court denies damages in ‘mixed motives’ discrimination suit: A woman who showed that her municipal employer fired her because she was pregnant is not due damages or reinstatement because the employer demonstrated that she would have been fired anyway for nondiscriminatory reasons, the California Supreme Court has ruled. The state’s Fair Employment and Housing Act, Cal. Gov’t Code § 12900, does not eliminate an employer’s liability, however, so the plaintiff is due injunctive relief and attorney fees, the unanimous high court said. The decision overrules a jury verdict in favor of the city of Santa Monica. (Employment)

Supreme Court applies ‘first sale’ doctrine to goods made abroad: Reversing two lower court decisions, the U.S. Supreme Court has ruled that the “first sale” doctrine applies to copyrighted works lawfully made in a foreign country. The 6-3 decision is a victory for petitioner Supap Kirtsaeng, who unsuccessfully argued in the lower courts that under the first-sale doctrine, he did not infringe the copyrights of publisher John Wiley & Sons when he bought Wiley textbooks made in Thailand, imported them to the United States and resold them. (Intellectual Property)

Judge approves 5 Chinese-drywall settlements worth $1 billion: The judge overseeing the massive federal multidistrict litigation over Chinese-manufactured drywall has approved five settlements worth more than $1 billion involving hundreds of distributors, builders and insurers to compensate homeowners for damage allegedly caused by the tainted wallboard. U.S. District Judge Eldon Fallon of the Eastern District of Louisiana had preliminarily approved the five settlements, involving more than 10,000 homeowners, over the last two years. (Class Action)