December 2012

The Hawaii Supreme Court recently accepted cert in two cases worth watching. Our colleage Rebecca Copeland has summaried both and posted the relevant documents over at Record on Appeal.

DrhouseA quick one from the California Court of Appeal (Third District), holding that a trial court in an eminent domain case should not have granted the condemnor’s motion in limine, but should have allowed the property owner’s appraisal expert to testify regarding comparble sales. County of Glenn v. Foley, No. C068750 (Nov. 26, 2012

Check out New York Central Lines, LLC v. State of New York, No. 2011-03494 (Dec. 19, 2012), a short opinion from the New York Supreme Court Appellate Division (Second Department) (if you didn’t know that in New York, the trial court of general jurisdiction is the “Supreme Court,” and the intermediate court of appeals

While we were perusing the Federal Circuit’s RSS feed for the latest and greatest opinions on takings law, we came across this gem, In re Marsha Fox, No. 2012-1212 (Dec. 19, 2012), a case about trademarks. 

Trademarks? Why pray tell, are you wasting our time posting this case, then?

Because in Fox, the court upheld the trademark examiner’s rejection of registration of “C**K SUCKER” for a line of “rooster-shaped lollipops.” The opinion is a classic, destined for future Intellectual Property casebooks, and deals with “double entendres,””scandlous meanings,” and the various definitions of the term in dictionaries. More on the case here. We can’t wait for the cert petition.

For more, be sure to listen to the oral argument recording:

Stream the oral arguments here

Our “straight-face of the year” award collectively goes to the judges and counsel. They almost got through the entire oral argument without a guffaw. Almost (see 19:30 mark).
Continue Reading The Law, In All Its Majesty

Here’s the latest election law case from the Hawaii appellate courts. In Kawauchi v. David, No. CAAP-10-0000066 (Dec. 13, 2012), the Hawaii Intermediate Court of Appeals held that the time deadlines in Haw. Rev. Stat. § 12-8 are mandatory, and that a constitutional challege to the Hawaii County Charter was not timely decided. The

If it’s hard to remember a time when the State of Hawaii was not represented in Washington, D.C. by Daniel Inouye, the state’s senior Senator who died earlier today, that’s because until today, there has never been a time since statehood that Hawaii hasn’t been represented by Inouye, first as a Congressman, and then

Updates:

————————————————————————

Hawaii’s senior U.S. Senator, Daniel K. Inouye died today. We can’t add much to the remembrances pouring in about this war hero, trailblazer, and political icon, so we’ll just