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Construction Law
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)

John Ramich v. Dale A. Worm and Carol A. Worm

Dale and Carol Worm appeal from an order granting summary judgment to John and Laurie Ramich and Scott and Carrie Kingston (collectively, Ramiches) in the Ramiches’ action for a declaratory judgment to void documents the Worms filed with the Waushara County Register of Deeds asserting ownership of a four-foot by fourteen-foot strip of land along Little Silver Lake, and an injunction to prevent t... More...   $0 (09-10-2009 - WI)

Andrzej Chraca v. Illinois Department of Transportation and Steve Miles

On April 19, 2004, Andrzej Chraca, the son of Polish immigrants, was driving southbound on Wright Blvd. near the intersection of South Frontage Road for the Elgin O’Hare Expressway in Schaumburg. At the same time, Steve Miles, a state I.D.O.T. employee was driving eastbound on South Frontage Road. Both drivers claimed they entered the intersection on a green light and both drivers sued each ot... More...   $25093335 (09-10-2009 - IL)

State Farm Mutual Automobile Insurance Company v. Steven Fischer

State Farm Mutual Automobile Insurance Company appeals a summary judgment and a final declaratory judgment entered in favor of Steven Fischer. Because the trial court erred in determining that an ambiguity existed in the insurance policy at issue and that Mr. Fischer is entitled to medical expense coverage under his parents' insurance policy with State Farm as a matter of law, we reverse and reman... More...   $0 (09-09-2009 - FL)

Thomas Dobron v. Del Bunch, Jr. and Ernestine L. Bunch

This appeal raises the issue of whether a guarantor to a loan may be held liable for attorney fees incurred by the lender in defending a usury action brought by the borrowers. We have previously held that a guarantor’s obligation to a lender under a guaranty agreement should be strictly construed and will not require a guarantor to be responsible for obligations beyond those specified in the gu... More...   $0 (09-09-2009 - NV)

James Cliff Motes v. Pacificorp

Affirmed on appeal; on cross-appeal, reversed and remanded for modification of judgment so as to permit PacifiCorp's upgrade of electrical transmission lines and to permit vehicular access to easement over plaintiffs' driveway in event of an emergency, with proviso that PacifiCorp shall pay costs to repair any damage caused by its vehicles.


This is a dispute over electrica... More...
   $0 (09-09-2009 - OR)

James B. House Living Trust v. Virginia C. Thompson and Jeff R. Thompson

This is a dispute over the ownership of a parcel of timber property located in Columbia County. Plaintiffs contend that they acquired the property by deed. Defendants contest plaintiffs' reading of their deed and contend that it was defendants who actually acquired the property by deed from a common grantor. In the alternative, defendants contend that they acquired the property, if not by deed,... More...   $0 (09-09-2009 - OR)

State Farm Mutual Automobile Insurance Company v. Steven Fischer

State Farm Mutual Automobile Insurance Company appeals a summary judgment and a final declaratory judgment entered in favor of Steven Fischer. Because the trial court erred in determining that an ambiguity existed in the insurance policy at issue and that Mr. Fischer is entitled to medical expense coverage under his parents' insurance policy with State Farm as a matter of law, we reverse and reman... More...   $0 (09-09-2009 - FL)

Auto Owners Insurance Company, Inc. v. Virginia T. Newman and Trinity Construction, Inc.

The issuer of a homebuilder’s commercial general liability policy sought a declaratory judgment to determine whether the policy covered a homeowner’s claim for damages caused by the negligence of a construction subcontractor. The trial court determined that the homeowner’s claim fell within the policy’s coverage and this appeal followed. We certified the case pursuant to Rule 204(b), SCA... More...   $0 (09-08-2009 - SC)

Ron Nystrom v. Trex Co., Inc.

The United States District Court for the Eastern District of Virginia held that plaintiff Ron Nystrom was not precluded on res judicata grounds from litigating his infringement claim against Trex Company, Inc., Home Depot USA, Inc., and Snavely Forest Products Inc. (collectively, Defendants). The district court also held that Defendants did not infringe the asserted claims of U.S. Patent No. 5,474... More...   $0 (09-08-2009 - )

Lydall Thermal/Acoustical, Inc. v. Federal-Mogul, Corp.

Lydall Thermal/Acoustical, Inc., Lydall Thermal/Acoustical Sales, LLC, and Lydall, Inc. (collectively, “Lydall”) appeal from the U.S. District Court for the Eastern District of Michigan’s final judgment of noninfringement. Lydall Thermal/Acoustical, Inc. v. Federal Mogul Corp., No. 07-cv-12473 (E.D. Mich. Nov. 19, 2008) (Dkt. No. 55). The final judgment was entered pursuant to a stipulation ... More...   $0 (09-08-2009 - )

Randy L. White and Tammy Sue White v. Mazoor Tariq, M.D.

Husband and wife, Randy L. White and Tammie Sue White (“Plaintiffs”), appeal from the judgment of the Circuit Court of Jefferson County dismissing their medical malpractice action against Dr. Manzoor Tariq (“Defendant”). The trial court dismissed Plaintiffs’ action without prejudice on the grounds that Plaintiffs failed to timely file a health care affidavit as required by Section 538.22... More...   $0 (09-08-2009 - MO)

Maritz Holdings, Inc. d/k/a Federal Insurance Company

Maritz Holdings Inc. ("Maritz") appeals the trial court's judgment granting summary judgment in favor of Federal Insurance Company ("Federal"). We reverse and remand for further proceedings.


This litigation arises from a dispute over the scope of coverage afforded by a director's and officer's (D & O) liability insurance policy issued by Federal to Maritz. Maritz has ob... More...
   $0 (09-08-2009 - MO)

American Family Mutual Insurance Company v. Otis St. Clair, Personal Representative of the Estate of Montrell St. Clair and Anastasia McNutt

In a declaratory judgment action filed by Plaintiff American Family Mutual Insurance Company (American Family) against Defendants Otis St. Clair, personal representative for the estate of deceased Montrell St. Clair (Driver), and Driver's passenger Anastasia McNutt (Passenger), (collectively referred to as Appellants), Appellants appeal the trial court's summary judgment order against them and in ... More...   $0 (09-08-2009 - MO)

Wanda Mae Smith v. James J. Pavlovich, M.D.

This is a medical malpractice action brought by the plaintiff, Wanda Mae Smith, individually and as the special administrator of the estate of her deceased daughter, Crystal Smith, against a licensed advanced practice nurse, Patricia G. Dillard, R.N., and two doctors, James J. Pavlovich, M.D., and Kathryn A. Churling, M.D., all of whom practiced at the Carbondale Clinic.1 Crystal was born December... More...   $0 (09-08-2009 - IL)

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