Morning Docket

* President pushes House on FISA. [CNN]
* EPA may exempt “toxic gases” from factory farm reporting requirements. [Washington Post]
* Congress may ask DOJ to investigate Clemens’s testimony, not McNamee’s. [New York Times]
* Ford pushing employees to accept buyout packages. [New York Times]
* UAW strikes at American Axle in MI and NY. [MSNBC]
* Five former execs found guilty in AIG fraud case. [WSJ Law Blog; New York Times]

* DNC accuses Sen. McCain of election law violations. [CNN; Washington Post]
* “Vista capable” class action certified. [MSNBC]
* EA makes $2B bid for Grand Theft Auto’s Take-Two; execs respond by lighting street fires and shooting at cars. [New York Times]
* Exxon Valdez case finally reaches SCOTUS, potentially turning on obscure piracy law. [Washington Post]
* Security experts trace criminal ninja hackers. [cnet]

* Time magazine will take one final appeal in the Indonesian defamation case that awarded former President Suharto over $100 million in damages. [New York Times]
* A third West Virginia Supreme Court justice refuses to recuse in the Massey Energy case. [Charleston Gazette via How Appealing]
* Duke lacrosse team players — not the indicted ones, but current and former players who claim the indictment of their three teammates caused them emotional distress and invaded their privacy — have filed a federal lawsuit against Duke, Durham, and various school and police officials. [WSJ Law Blog]
* Concerns over possible DOJ antitrust action loom over XM and Sirius share prices. [AP]
* And you thought a $160,000 starting salary was nice. Some doormen at Las Vegas clubs clear over $400,000 a year. [Las Vegas Review-Journal via Drudge]

Vicki Iseman John McCain sexy lobbyist Above the Law blog.jpg* Supreme Court, in nearly unanimous decision (RBG dissent), protects medical device makers from lawsuits, finding suits preempted by FDA approval. [New York Times; Drug and Device Law; Riegel v. Medtronic (PDF)]
* NYT report links John McCain to a comely female lobbyist, Vicki Iseman (who bears a resemblance to his wife Cindy; see picture). [New York Times]
* Is this her Alamo? Clinton debates Obama in Texas tonight. [Houston Chronicle]
* Will Mel Weiss of Milberg Weiss cut a plea deal? [WSJ Law Blog]
* An update on the William & Mary firestorm that we covered earlier: prominent D.C. lawyer Robert Blair resigns from the W&M governing board. [Washington Post]
* Nicolas Cage in Face / Off with IRS. [TaxProf Blog]
* Former AIG CEO wins court victory over key document discovery. [DealBook / NYT]
* Online writer sues NYC over press passes. [New York Sun via Drudge]

supreme court construction SCOTUS small Above the Law blog.jpg* Federal judge shuts down website devoted to posting leaked information and documents. We no likee. [New York Times]
* SCOTUS won’t hear wiretapping case. [How Appealing (linkwrap)]
* But they have picked up another case on the exclusionary rule. [New York Times]
* Government rebuttals in L’Affaire Scruggs. [WSJ Law Blog]
* A look at the colorful ex-spymaster under scrutiny in the CIA tapes inquiry. [New York Times]
* If you’ve been savaged by anonymous commenters on a blog or message board, don’t take it personally; it’s just something about the internets. (Also, note the nice shout-out to law prof Dan Solove.) [CNN]
* Ten consecutive victories for Obama over Clinton. [New York Times; Washington Post]
* “The Obama Delusion.” [Washington Post]

Fidel Castro Cuba Above the Law blog.jpg* Is that legal? Apparently so. The Clinton campaign may pursue Obama’s pledged delegates, who technically are not required to vote for Obama. [Politico]
* A portrait of radical Islam in the United States, based on analysis of court cases. [New York Times via How Appealing]
* Thomson Corp., aka the folks who bring you Westlaw, gets European regulatory approval to gobble up Reuters Group PLC. [AP]
* Dueling infringement lawsuits involving Motorola and RIM. [WSJ Law Blog]
* Government witness list in Pellicano case contains 244 names, many of them either legal world (Bert Fields) or “real world” celebs (Chris Rock, Sylvester Stallone). [Fox News via Drudge]
* Cuba Libre? Adios, Castro. (But don’t get your hopes up, cigar aficionados — the trade embargo will apparently remain in place, at least for now.) [New York Times]
* And it looks like Musharraf is out in Pakistan, too. [New York Times]
* Judge John Phillips and sports arbitrator Thomas Roberts, RIP. [WSJ Law Blog]

mount rushmore mt rushmore presidents day AboveTheLaw Above the Law blog.jpgHappy Presidents’ Day! In honor of the executive branch, unitary or not, ATL will be on a reduced publication schedule today.
* Where’s the beef? Not on your grocery shelves, thankfully, as the USDA orders the largest meat recall in its history. [Washington Post]
* Obama woos Edwards. [AP]
* “Harold and Kumar Escape From Guantánamo Bay,” plus other representations of Gitmo in popular culture. [New York Times via How Appealing]
* It’s getting hot in here: Pending legislation would require climate change to be taught in California public schools. [San Jose Mercury News via Drudge]
* Municipalities mull ordinances to limit where sex offenders hang out. [New York Times]
* More recusals in the Massey Energy case. Is there anyone left in West Virginia who can hear this case? [WSJ Law Blog]
* Turnout low and tensions high as Pakistan goes to the polls. [New York Times]
* Happy independence day — in Kosovo. [Washington Post]

* House allows spy bill to expire. [New York Times]
* Prosecutor’s typo causes hubub in Bonds case. [ESPN]
* Rock 105 gives away free divorce for Valentine’s Day. [CNN Video]
* During 1973 U.S.-China trade talks, Mao offered Kissinger 10 million women. [CNN]
* Ninth Circuit Judge Joseph Sneed, RIP. [ABA Journal]

* House Democrats oppose Senate spy bill’s telecom immunity. [Washington Post]
* Justice Scalia approves of “so-called torture” under some circumstances. [MSNBC]
* Just a few months later, Senate committee gets around to admonishing Sen. Craig. [CNN]
* Clemens and McNamee go head to head before Congress. [ESPN]
* City’s scantily clad cowboy sues candy-coated counterpart. [WSJ Law Blog]

john mccain senator john mccain above the law blog.jpg* Senators Obama and McCain sweep D.C., Maryland, and Virginia primaries; Obama overtakes Clinton in delegate count. [CNN]
* Writers vote to end strike. [New York Times]
* Senate spy bill includes telecom immunity. [Washington Post]
* Sen. Specter, NFL Commish Goodell to discuss Patriots’ “spygate” incident. [ESPN]
* Foreclosure rescue plan coming together. [New York Times]
* When sports law meets civ pro: Clemens defamation lawsuit against McNamee may be moved to federal court. [MLB.com]
* Good news for PPP at Dickstein Shapiro? [WSJ Law Blog]
* How a lawyer survived last week’s shooting rampage in Kirkwood, Missouri. [ABA Journal]
* N.J. U.S. Attorney finds himself on defensive; GAO could investigate award of contract to John Ashcroft. [New York Times]

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