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Commercial Law
 
Commodores Entertainment Corporation v. Thomas McClary and Fifth Avenue Entertainment, LLC Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this common-law trademark case, Thomas McClary appeals from an order granting judgment as a matter of law to Commodores Entertainment Corporation (CEC) and converting a preliminary injunction into a permanent one against McClary and his corporation, Fifth Avenue Entertainment, LLC. The dispute concerned ownership of the mark “The Commodores,” the name of a famous Grammy Award–winning rhythm and... More...   $0 (01-09-2018 - FL)

Sheldon Fong v. East West Bank

Plaintiff Sheldon Fong is an octogenarian real estate investor who sought to help
some younger friends establish a real estate business. He borrowed money in his own
name and stood behind two loans that he helped the new business procure from defendant
East West Bank (Bank). When some of these transactions ended badly, Fong brought
this action, alleging conversion and financial abu... More...
   $0 (01-09-2018 - CA)

Robert Wilder v. State of Indiana COURT OF APPEALS OF INDIANA

Wilder owns and operates a pierogi food truck. Food truck operators must
operate out of a commissary or licensed board of health kitchen, and Wilder’s
commissary is on the south side of Indianapolis next to a bar and restaurant
called The Tailgate, which is owned by Dennis Turpen (“Turpen”).
[4] At approximately 12:30 p.m. on August 6, 2016, Wilder went to his
commissary... More...
   $0 (01-09-2018 - IN)

Jon Gregory Sanchez v. Robert Elizondo

Defendant-Appellant Robert Elizondo appeals the
district court’s order vacating his arbitration award and
remanding for further proceedings. Elizondo was awarded
$75,000 in damages (the Award) in the parties’ arbitration,
which Elizondo initiated to recoup losses he suffered as a
result of Plaintiff-Appellee Gregory Sanchez’s
mismanagement of his investment portfolio. Elizo... More...
   $0 (01-09-2018 - NV)

United States of America v. Joo Hyun Bahn, a/k/a Dennis Bahn United States Court of Appeals for the Second Circuit Court of Appeals - New York, New York

New York, NY - New Jersey Real Estate Broker Pleads Guilty to Role in Foreign Bribery Scheme Involving $800 Million International Real Estate Deal

A New Jersey-based real estate broker pleaded guilty on January 8, 2017 to foreign bribery charges in connection with his role in a scheme to bribe a foreign official in the Middle East to secure a real estate deal for a South Korean constructi... More...
   $0 (01-08-2018 - NJ)

SIGMATECH, INC. v. THE UNITED STATES

Since 2007, the United States Army Security Assistance Command (the “USASAC”) has procured Security Assistance (SA)/Foreign Military Sales (FMS) programmatic support services (“FMS”), pursuant to task orders issued under Blanket Purchase Agreement (“BPA”) W31P4Q05-A-0026. AR 835, 1000, 1002. Sigmatech, Inc. (“Sigmatech”) is the incumbent contractor for FMS services. AR 1000, 1560.

... More...
   $0 (01-08-2018 - DC)

Mark Boswell, et al. v. Panera Bread Company, et al. Eighth Circuit Courthouse - St. Louis, Missouri

The central issue in this contracts case is whether certain at-will employees can
hold their employer, Panera, LLC, to its promise to pay them a bonus. The district
court thought so and granted summary 1 judgment to the employees. We agree and
affirm.
In an effort to recruit and retain general managers for its restaurants, Panera
created a program under which qualifying manager... More...
   $0 (01-08-2018 - MO)

Kathleen D. McBride, as Trustee, etc. v. Byron C. Smith

Kathleen McBride (McBride) sued Byron and Kalmia Smith (the Smiths) for
violating McBride’s rights with respect to a recorded easement over the Smiths’ property.
After sustaining demurrers to several versions of McBride’s complaint, the last without
leave to amend, the trial court entered judgment in favor of the Smiths. On appeal, we
conclude that McBride stated causes of action f... More...
   $0 (01-04-2018 - CA)

Wandering Dago Inc. v. New York State Office of General Services et al. United States Court of Appeals for the Second Circuit Court of Appeals - New York, New York

New York, NY Plaintiff‐appellant Wandering Dago, Inc., (“WD”) operates a food truck and
32 brands itself and the food it sells with language generally viewed as ethnic slurs.
33 Defendants‐appellees are officials within the New York State Office of General Services
* Judge Carol Bagley Amon, of the United States District Court for the Eastern District of
New York, sitti... More...
   $0 (01-03-2018 - NY)

Grady's Quality Excavating, Inc. Alliance Streetworks, Inc.

¶1 Grady’s Quality Excavating, Inc. (“Grady’s Excavating”)
appeals from a superior court judgment entered in favor of Alliance
Streetworks, Inc. (“Alliance”) and American Specialty Insurance Company
on all counts, awarding Alliance attorney’s fees and costs, and denying
Grady’s Excavating’s Motion for New Trial and/or Additur.1
FACTS AND PROCEDURAL BACKGROUND
¶2 Grady’s Exc... More...
   $0 (01-02-2018 - AZ)

UNITED STATES OF AMERICA v. JOSE RIOS-MORALES

The drug conspiracy at issue in this case involved Defendant, his brother Omar,
and co-defendant Felipe Sifuentes. Mr. Sifuentes, who entered into a plea agreement with
the government, was a key witness at Defendant’s trial. He testified that he began selling
methamphetamine around 2011 or 2012. In 2013 or 2014, Mr. Sifuentes stopped selling
methamphetamine for a period of time ... More...
   $0 (12-30-2017 - KS)

UNITED STATES OF AMERICA v. TERRY MICHAEL BOWMAN UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

On June 19, 2014, a federal grand jury in Maryland returned a 23 count indictment
against Appellant and nine co-defendants. Appellant was charged in four counts:
conspiracy to commit bank fraud (Count 1), bank fraud (Count 14), aggravated identity
theft (Count 15), and conspiracy to defraud the government (Count 23). The Government
subsequently dismissed Count 23.
At ... More...
   $0 (12-30-2017 - MD)

United States of America v. Mario D. Collins and Paulette M. Clayton Northern District of Mississippi Federal Courthouse - Oxford, Mississippi

Oxford, MS - Atlanta Residents Convicted of Interstate Trafficking of a Victim for Commercial Sex Purposes

A jury in the United States District Court for the Northern District of Mississippi has convicted two individuals of Transporting a Victim from Georgia to Mississippi to engage in prostitution. Following a two day trial in Oxford, Mississippi, a jury convicted Mario D. Collins of M... More...
   $0 (12-27-2017 - MS)

United States of America v. Anthony Donte Collier District of North Dakota Federal Courtroom - Fargo, North Dakota

Fargo, ND - Illinois Resident Sentenced on Sex Trafficking Charges

Anthony Donte Collier, a/k/a Koleone The Great, age 30, of Illinois, was sentenced on December 21, 2017 in federal court after being found guilty by a trial jury in April of this year. Collier was sentenced to 40 years’ imprisonment, to be followed by a lifetime of supervised release on charges of Conspiracy to Engage in S... More...
   $0 (12-26-2017 - SD)

United States of America v. Jeffrey Harrington and Michael Mayer Southern District of California Federal Courthouse - San Diego, California

San Diego, CA - Defense Contractors Sentenced to Prison for Defrauding the United States

Jeffrey Harrington and Michael Mayer, owners of several defense contracting firms, were each sentenced in federal court today to 15 months in custody for conspiring to commit wire fraud and file false claims, and to making false statements on their federal income tax returns.

Harrington was a... More...
   $0 (12-26-2017 - CA)

Lyda Swinerton Builders, Inc. v. Oklahoma Surety Company Southern District of Texas Courthouse - Houston, Texas

This case involves several issues of Texas law relating to an insurer’s duty to defend and the damages that an insured may recover when an insurer breaches that duty. The district court, after disposing of much of the case through a series of partial summary judgment rulings and conducting a bench trial on one remaining claim, issued a final judgment that largely (though not entirely) favored the ... More...   $0 (12-25-2017 - TX)

T.H., a Minor, etc. v. Novartis Pharmaceuticals Corporation California Supreme Court Building - Sacamento, California

Under California law, a brand-name drug manufacturer has a duty to warn
of known or reasonably knowable adverse effects arising from an individual’s use
of its drug. (See Stevens v. Parke, Davis & Co. (1973) 9 Cal.3d 51, 65.) In this
case, we examine whether — and if so, under what circumstances — a brandname
drug manufacturer may be sued under a theory of “warning label” liability... More...
   $0 (12-25-2017 - CA)

Ketryn Cornell v. Berkeley Tennis Club

Plaintiff Ketryn Cornell is a severely obese woman who was fired from the
Berkeley Tennis Club after having worked there for over 15 years. She brought eight
claims against the Club: three under the California Fair Employment and Housing Act
(FEHA; Gov. Code, § 12900 et seq.), for disability discrimination and failure to
accommodate her disability (the discrimination/failure to acc... More...
   $0 (12-22-2017 - CA)

UNITED STATES OF AMERICA v. MARQUIS AIKEN MDEA arrests two NY men accused of dealing crack cocaine after search at Lewiston motel

On November 7, 2014, two state troopers and members of
the Maine Drug Enforcement Agency ("MDEA") received a tip that
individuals who were in room 216 at the Super 8 Motel in Lewiston,
Maine had with them large bags containing crack, cocaine or heroin.
The Super 8 Motel was known to the agents as a common stopover for
out-of-state gun and drug traffickers.
At app... More...
   $0 (12-20-2017 - ME)

FRIENDS OF THE CAPITAL CRESCENT TRAIL, ET AL. v. FEDERAL TRANSIT ADMINISTRATION, ET AL. U.S. Court of Appeals - D.C. Circuit

This case concerns multiple challenges under the National Environmental Policy Act to Maryland’s proposed “Purple Line” light rail project. Two orders of the district court are principally at issue. In the first order, the district court directed the Federal Transit Administration (“FTA”) to prepare a supplemental Environmental Impact Statement (“SEIS”) to analyze the effects of Metrorail’s rec... More...   $0 (12-20-2017 - DC)

United States of America v. Joel Zweig Northern District of California Federal Courthouse - San Francisco

San Francisco, CA - New York Attorney Sentenced To Over Four And A Half Years In Prison For Obstruction Of Justice And Perjury

Joel Zweig, an attorney who resides in New York, was sentenced to 56 months in prison for obstruction of justice and perjury, announced United States Attorney Brian J. Stretch, Federal Bureau of Investigation Special Agent in Charge John F. Bennett, and U.S. Posta... More...
   $0 (12-20-2017 - CA)

Jacqueline Benjamin v. B & H Education, Inc. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Plaintiffs are students of cosmetology and hair design at
schools in California and Nevada operated by defendant B&H
Education, Inc., under the name of Marinello Schools of
Beauty. Plaintiffs claim that they are employees within the
meaning of the Fair Labor Standards Act (“FLSA”), and
under California and Nevada state law, on the ground that
much of their time is spent in ... More...
   $0 (12-20-2017 - CA)

Rmg Worldwide, L.L.C., et Ano, vs. Pierce County Washington Court of Appeals, Division 1 - Tacoma, Washington

RMG Worldwide LLC (RMG) appeals two land use decisions of the
Pierce County hearing examiner. In the first decision, the examiner found that RMG
could not subdivide its existing golf course for residential development under the
General Use zoning that was in effect in 1990, and that RMG must instead submit
applications consistent with the current development regulations. In the sec... More...
   $0 (12-18-2017 - WA)

United States of America v. Marquis Aiken District of Massachusetts Federal Courthouse - Boston, Massachusetts

In this criminal appeal, we must
decide whether the Defendant, Marquis Aiken ("Aiken"), had a
reasonable expectation of privacy under the Fourth Amendment in
the motel room where he was at the time of a police search of the
premises. The district court ruled in Aiken's favor. The
government timely filed this appeal. After careful review, we
reverse and remand.
I. FACTUA... More...
   $0 (12-18-2017 - ME)

Antoinette Rossetta v. Citimortgage, Inc.

Plaintiff Antoinette Rossetta appeals from a judgment dismissing her second
amended complaint1 after the trial court sustained a demurrer by defendants
CitiMortgage, Inc. (CitiMortgage) and U.S. Bank National Association as Trustee for
Citicorp Residential Trust Series 2006-1 (2006-1 Trust). The complaint asserts causes of
action for intentional misrepresentation, negligent misrepr... More...
   $0 (12-18-2017 - CA)

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