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Construction Law
Dana Duxbury-Fox v. Eugene Shakhnovich & a.

The respondents, Eugene and Marsha Shakhnovich, appeal an order of the Superior Court (Fitzgerald, J.) ruling that the petitioner, Dana Duxbury-Fox, and the third-party respondents, Mrs. Benjamin Earle, W.R and M.M. Amundsen Rev. Trust, Warren and Mary Amundsen, Trustees, Marion Sokolov, Lawrence J. Walsh, Jane S. Walsh and Ivan Sokolov (the campers), have an appurtenant easement to use a fifty-fo... More...   $0 (09-18-2009 - NH)

LVRC Holdings, LLC v. Christopher; Employee Business Solutions, Inc., Carolyn Quain; Sturat Smith; Brad Greenstein; Frank Szabo

LVRC Holdings, LLC (LVRC) filed this lawsuit in federal district court against its former employee, Christopher Brekka, his wife, Carolyn Quain, and the couple’s two consulting businesses, Employee Business Solutions, Inc., a Nevada corporation (EBSN), and Employee Business Solutions, Inc., a Florida corporation (EBSF). LVRC alleged that Brekka violated the Computer Fraud and Abuse Act (CFAA), 1... More...   $0 (09-18-2009 - CA)

Prometheus Laboratories, Inc. v. Mayo Collaborative Services

Prometheus Laboratories, Inc. (“Prometheus”) appeals from the final judgment of the United States District Court for the Southern District of California granting summary judgment of invalidity of U.S. Patents 6,355,623 (“the ’623 patent”) and 6,680,302 (“the ’302 patent”) under 35 U.S.C. § 101. Prometheus Labs., Inc. v. Mayo Collaborative Servs., No. 04-CV-1200, 2008 WL 878910 (S.... More...   $0 (09-17-2009 - CA)

Killearn Homes Association, Inc. v. Visconti Family Limited Partnership and The Lamar Company, L.L.C.

The appellant challenges a final summary judgment, raising two issues: I. Whether the trial court erred in granting final summary judgment in favor of the appellees based on its narrow construction of the term “building” in a deed restriction, allowing appellees to erect a billboard without prior approval; and II. whether the trial court erred in finding that there is no claim against Lamar fo... More...   $0 (09-17-2009 - FL)

Brazoria County v. Kym Van Gelder

Brazoria County, the appellant in this interlocutory appeal, asserts governmental immunity against a personal-injury lawsuit filed by the appellee, Kym Van Gelder. Van Gelder alleges that a road bump constitutes a Aspecial defect@ for which the Texas Tort Claims Act (the ATTCA@) waives immunity and that Brazoria County (the ACounty@) can also be held responsible under ordinary premises liability ... More...   $0 (09-17-2009 - TX)

The Vons Companies, Inc. v. Lyle Parks, Jr., Inc.

The trial court erred in refusing to award litigation costs to a litigant (The Vons Companies, Inc.) that prevailed on two causes of action assigned to it by the original plaintiff (Mock Ranch, Inc.) in a settlement of Mock‟s complaint against Vons. The trial court did not err, however, in denying Vons‟ motion for attorney fees under Civil Code section 1717, because the warranty on which Vons... More...   $0 (09-17-2009 - CA)

Bryan Cooper v. State Farm Mutual Automobile Insurance Company

The present appeal is from a judgment entered after the trial court‟s grant of defendant State Farm Mutual Automobile Insurance Company‟s (State Farm) motion for nonsuit, following plaintiff‟s opening statement.

Plaintiff/appellant Bryan Cooper was an insured of State Farm. He was involved in a single car accident allegedly caused by a tread separation of the right rear tire. As part ... More...
   $0 (09-17-2009 - CA)

Donaldson Company, Inc. v. Burroughs Diesel, Inc.

Donaldson Company, Inc., a nonsignatory, seeks to compel arbitration against Burroughs Diesel, Inc., a signatory to an agreement with an arbitration clause. The district court ordered arbitration. Burroughs appeals. Jurisdiction being proper under 28 U.S.C. § 1291, this court reverses and remands.1


In 1999, Burroughs signed a Dealer Full Service Agreement with Western Star Truck ... More...
   $0 (09-16-2009 - MO)

Vita-Mix Corp. v. Basic Holding, Inc.

This case involves alleged infringement by Basic Holding (“Basic”) of a patent and alleged trademark held by Vita-Mix Corporation (“Vita-Mix”). The United States District Court for the Northern District of Ohio granted summary judgment of no direct infringement, no inducement of infringement, no contributory infringement, and no trademark infringement in favor of Basic. The court also gran... More...   $0 (09-16-2009 - OH)

Sherry S. Albert v. J. Kimzie Cowart

Defendants Kimzie Cowart and Wachovia Corporation (Wachovia) appeal from Henderson County Superior Court judgments entered 31 July 2008 and 2 September 2008. For the reasons stated herein, we reverse in part the judgment of the trial court and dismiss in part the appeal.


Frank and Doris King were residents of Henderson County, North Carolina. At the age of 75, Doris was dia... More...
   $0 (09-15-2009 - NC)

A.W. Financial Services, S.A. v. Empire Resources, Inc., et al.

The United States District Court for the Southern District of New York (The Honorable Sidney H. Stein) (the “Southern District”) has certified to us, under Article IV, § 11(8) of the Delaware Constitution and Rule 41 of this Court,1 four questions relating to Delaware’s Escheat Statute. Those questions arose in a pending action in the Southern District brought by plaintiff, A.W. Financial S... More...   $0 (09-15-2009 - DE)

Edward Crespin v. Albuquerque Baseball Club, LLC, d/b/a Albuquerque Isotopes, et al.

{1} Plaintiffs sued Defendants Albuquerque Baseball Club, LLC, d/b/a Albuquerque Isotopes (Isotopes), the City of Albuquerque (the City), Houston McLane Co. d/b/a Houston Astros (Astros), and Dave Matranga for injuries sustained by their son when Plaintiffs were attending a pre-game picnic at the Isotopes baseball team’s stadium in Albuquerque, New Mexico. Matranga, a player for the visiting Ast... More...   $0 (09-15-2009 - NM)

State of Oklahoma ex rel. Protective Health Services State Department of Health v. Bernadine Vaughn

¶1 The first impression issue in this case is whether a certified nurse aide's photocopying a resident's medication record and releasing it to the Equal Employment Opportunity Commission (EEOC) requires the Oklahoma State Health Department (the Department) to make a finding of misappropriation of a resident's property and place the finding on the Oklahoma Nurse Aide Registry pursuant to title 42,... More...   $0 (09-15-2009 - OK)

Constance J. Jarvis v. Constance M. Lieder, et al.

A constructive trust arises ‘‘when the legal title to property is obtained by a person in violation, express or implied, of some duty owed to the one who is equitably entitled, and when the property thus obtained is held in hostility to his beneficial rights of ownership. . . . The specific instances in which equity impresses a constructive trust are numberless,—as numberless as the modes by... More...   $0 (09-15-2009 - CT)

Amgen, Inc. v. F. Hoffman-La Roche, Ltd.

This is a patent case. Amgen Inc. (“Amgen”) is the owner of U.S. Patent Nos. 5,441,868 (“the ’868 patent”), 5,547,933 (“the ’933 patent”), 5,618,698 (“the ’698 patent”), 5,756,349 (“the ’349 patent”), and 5,955,422 (“the ’422 patent”). The patents relate to the production of the protein erythropoietin (“EPO”) using recombinant deoxyribonucleic acid (“DNA”)... More...   $0 (09-15-2009 - )

Roger Twenhafel, d/b/a Consolidated Services v. State Auto Property and Casualty Insurance Company

Roger Twenhafel insured his business property through an “open peril” insurance policy issued by State Auto Property and Casualty Insurance Company (“State Auto”). Twenhafel sought coverage under the policy for loss of his raw wood inventory damaged by rain as a result of a severe storm. State Auto denied Twenhafel’s claim on the basis that the loss was excluded from coverage because the... More...   $0 (09-14-2009 - IL)

Fresenius USA, Inc. v. Baxter International, Inc.

In this patent infringement case, Plaintiffs Fresenius USA, Inc. and Fresenius Medical Care Holdings, Inc. (collectively “Fresenius”) appeal and Defendants Baxter International, Inc. and Baxter Healthcare Corporation (collectively “Baxter”) cross appeal from the final judgment of the United States District Court for the District of California, which was based on findings that Fresenius inf... More...   $0 (09-14-2009 - CA)

Donna Scharff v. Raytheon Co.

Plaintiff Donna Scharff worked for the Raytheon Company. The Raytheon Company employees’ contributions, which are held in the Raytheon Employees Disability Trust (“Trust”), and the Company jointly fund Defendant Raytheon Company Short Term Disability Plan (“Short Term Plan”). Only the Trust funds Defendant Raytheon Company Long Term Disability Plan (“Long Term Plan”). Metropolitan Li... More...   $0 (09-12-2009 - )

Lucent Technologies, Inc., et al. v. Gateway, Inc., Dell, Ic. and Microsoft Corporation

Microsoft Corporation appeals the denial of post-trial motions concerning a jury verdict that U.S. Patent No. 4,763,356 (the “Day patent”) was not invalid and that Microsoft indirectly infringed the Day patent. Microsoft also appeals the $357,693,056.18 jury award to Lucent Technologies, Inc. for Microsoft’s infringement of the Day patent. Because the validity and infringement decisions were... More...   $0 (09-12-2009 - )

Michael Arroyo and Carl Horbach v. Chicago Transit Authority

Following an internal investigation into allegations of employee misconduct, the defendant, Chicago Transit Authority (CTA), terminated the plaintiffs, Michael Arroyo and Carl Horbach.

Subsequently, a joint hearing was held for both plaintiffs under section 28 of the Metropolitan Transit Authority Act (Act) (70 ILCS 3605/28 (West 2006)), after which the CTA Transit Board (the Board) uphel... More...
   $0 (09-11-2009 - IL)

American Eagle Outfitters v. Lyle & Scott, Ltd.

This is a contract case arising from the parties’ efforts to resolve a dispute over their use of similar trademarks in their respective clothing lines. To work out an acceptable business arrangement, representatives of American Eagle Outfitters (“American Eagle” or “AE”) and Lyle and Scott, Ltd. (“Lyle & Scott” or “LS”) met in London in January 2006. During this meeting, the part... More...   $0 (09-11-2009 - PA)

Kevin Williams v. National Football League; John Lombardo, M.D., Brian Finkle, Adolpho Birch

In these consolidated appeals, the National Football League (NFL), Dr. John Lombardo, Independent Administrator of the Policy on Anabolic Steroids and Related Substances, and Adolpho Birch, the NFL’s Vice President of Law and Labor Policy, appeal the district court’s1 order, concluding that the Minnesota statutory claims alleged by Kevin Williams and Pat Williams of the Minnesota Vikings (coll... More...   $0 (09-11-2009 - MN)

Ila Abis v. Tudin, D.V.M.,P.A. and Ronnie E. Tudin, D.V.M.

Ila Abis appeals a final summary judgment entered in favor of the appellees, Tudin, D.V.M., P.A., and Ronnie E. Tudin, D.V.M., individually, who were the defendants in a veterinary malpractice action. For the reasons we explain, we affirm in part and reverse in part.


Abis was a client of the appellees, and she took her two dogs to the appellees for a routine examination... More...
   $0 (09-11-2009 - FL)

Judy Oxford, et al. v. Foster Wheeler, Inc.

Defendant Foster Wheeler LLC appeals from the judgment entered against it after a jury trial. Defendant contends the trial court erred in refusing to enter judgment in its favor based on the jury‘s positive finding on the federal ―government contractor defense.‖ Defendant also claims the court erred in refusing to instruct on the ―sophisticated user‖ doctrine, and that the jury‘s findi... More...   $0 (09-11-2009 - CA)

Sanofi-Aventis, U.S., L.L.C. v. Sandoz, Inc.

Sanofi-Aventis U.S. LLC, Sanofi-Aventis, and Debiopharm S.A. (collectively, Sanofi) appeal from the district court’s grant of summary judgment of noninfringement of U.S. Patent No. 5,338,874 (the ’874 patent). Because the district court erred in construing composition claims as product-by-process claims, we vacate and remand.


This case is on appeal from a Hatch-Waxman ... More...
   $0 (09-10-2009 - NJ)

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