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Monopoly Law
 
Pieter A. Folkens v. Wyland Worldwide, LLC Eastern District of California Federal Courthouse - Sacramento, California

Plaintiff Peter A. Folkens (“Folkens”) alleges that Defendant Robert T. Wyland (“Wyland”) infringed on his pen and ink depiction of two dolphins crossing underwater. Folkens contends that Wyland’s depiction of an underwater scene infringes on his drawing by copying the crossing dolphins, and that the similar element of two dolphins crossing underwater is protectable under copyright law, entitling ... More...   $0 (02-19-2018 - AZ)

Digital Ally, Inc. v. Utility Associates, Inc. District of Kansas Courthouse - Kansas City, Kansas

Plaintiff-Appellant Digital Ally, Inc. appeals from the district court’s grant of
summary judgment in favor of Defendant-Appellee Utility Associates, Inc. Digital
Ally, Inc. v. Utility Assocs., Inc., No. 2:14-cv-02262-CM, 2017 WL 1197561 (D.
Kan. Mar. 30, 2017). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.1
Background
This case concerns two companies who sell in-c... More...
   $0 (02-16-2018 - KS)

Leapers, Inc. v. SMTS, LLC and Sun OPtics, USA Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Plaintiff Leapers, Inc. appeals the district court’s entry of
summary judgment for Defendant Sun Optics USA in Plaintiff’s case alleging trade dress
infringement under the Lanham Act, 15 U.S.C. § 1051, et seq. For the reasons set forth below,
we VACATE the district court’s judgment and REMAND the case for further proceedings.
BACKGROUND
Plaintiff Leapers, Inc. makes adjustable ... More...
   $0 (01-10-2018 - MI)

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)

Courtney Cates v. Crystal Clear Technologies, LLC, et al. Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

The three named plaintiffs brought a purported class action alleging
that the developers of their neighborhoods created agreements that violated both state and federal
law by requiring the neighborhoods’ homeowners to pay for basic telecommunications services
provided by Crystal Clear Technologies, LLC (“Crystal Clear”), an entity owned and controlled
by the developers. The distric... More...
   $0 (11-06-2017 - TN)

Richard Healy v. Cox Communications, Inc. United States Court of Appeals for the Tenth Circuit Denver, Colorado

Cox Cable subscribers cannot access premium cable services—features such as
interactive program guides, pay-per-view programming, and recording or rewinding
capabilities—unless they also rent a set-top box from Cox. Dissatisfied with this
arrangement, a class of plaintiffs in Oklahoma City (“Plaintiffs”) sued Cox under the
antitrust laws. They alleged that Cox had illegally tied ca... More...
   $0 (09-20-2017 - OK)

DRK Photo v. McGraw-Hill Global Education Ninth Circuit Court of Appeals - San Francisco, California

This appeal raises the now often litigated issue of whether a stock photography agency—here, the Arizona-based agency DRK Photo (“DRK”)—has standing under the Copyright Act of 1976 to pursue infringement claims involving photographs from its collection. Ultimately, there is no bright line answer to this question. Here, we affirm the grant of summary judgment in favor of defendants, McGraw-Hill Glo... More...   $0 (09-16-2017 - AZ)

San Diego County Water Authority v. Metropolitan Water District of Southern California

Metropolitan Water District of Southern California (Metropolitan) appeals a
judgment holding that the rate it charges for transporting water, or “wheeling,” violates
numerous provisions of law and awarding the San Diego County Water Authority (Water
Authority) substantial damages for having charged that rate in breach of a water
exchange agreement between the two agencies. The Wate... More...
   $0 (07-23-2017 - CA)

Rolland Jacks v. City of Santa Barbara

Pursuant to an agreement between Southern California Edison (SCE) and
defendant City of Santa Barbara (the City), SCE includes on its electricity bills to
customers within the City a separate charge equal to 1 percent of SCE‟s gross
receipts from the sale of electricity within the City, and transfers the revenues to
the City. The City contends this separate charge, together w... More...
   $0 (07-17-2017 - CA)

Vladlena Funk v. Belneftekhim, a/k/a Concern Belneftekhim, Belneftekhim, U.S.C., Inc.

In this action, originally filed in New York State court, plaintiffs Emanuel
Zeltser and Vladlena Funk sue defendants Concern Belneftekhim (“BNTK”) and
Belneftekhim USA, Inc. (“BUSA”) for their alleged roles in plaintiffs’ 2008
abduction from London and their prolonged detention in Belarus by authorities
3
of that country. After defendants removed the case to the United States ... More...
   $0 (06-29-2017 - NY)

David Elliott v. Google, Inc.

Between February 29, 2012, and March 10, 2012, Chris Gillespie used a domain name registrar to acquire 763 domain names that included the word “google.” Each of these domain names paired the word “google” with some other term identifying a specific brand, person, or product—for example, “googledisney.com,” “googlebarackobama. net,” and “googlenewtvs.com.”
4 ELLIOTT V. GOOGLE
Google, Inc. (... More...
   $0 (06-19-2017 - AZ)

Roel David Gonzalez v. The State of Texas "

Mother testified that she met Appellant through work, began dating him, and
eventually they moved into a house along with Mother’s three daughters in 2008.
At the time, Alice was almost twelve, Belle was ten, and Cici, the complainant,
1 See TEX. PENAL CODE ANN. §§ 21.11 (Vernon 2011) & 22.021 (Vernon 2016).


3
... More...
   $0 (06-13-2017 - TX)

State of Tennessee v. William Rolandus Keel

The Davidson County Grand Jury charged the defendant with two counts of rape of a child. The trial court conducted an initial jury trial in March 2015, which resulted in a hung jury and a mistrial. In the second trial in December 2015, the defendant elected to proceed pro se with the assistance of elbow counsel.

The State‟s proof at trial showed that the victim, V.S.,1 was bor... More...
   $0 (01-17-2017 - TN)

State of Wyoming, et al. v. United States Department of the Interior, et al.

This matter comes before the Court on the Petitions for Review of Final Agency Action filed separately in each of these consolidated actions, challenging the Bureau of Land Management's issuance of regulations applying to hydraulic fracturing on federal and Indian lands. The Court, having considered the briefs and materials submitted in support of the petitions and the oppositions thereto, includi... More...   $0 (06-23-2016 - WY)

JERRY JAMGOTCHIAN V. KENTUCKY HORSE RACING COMMISSION, ET AL

On May 21, 2011, Appellant Jerry Jamgotchian claimed Rochitta, a bay
filly, for $42,400 in a claiming race at Churchill Downs in Louisville, Kentucky.
Foaled February 26, 2008 in Pennsylvania, Rochitta was first purchased at the
2009 Keeneland Yearling Sales in Lexington, Kentucky for $160,000 by Rabbah
Bloodstock. Prior to her debut at Churchill Downs, Rochitta had run
pr... More...
   $0 (05-06-2016 - KY)

Georgia Pacific Corporation v. Cook Timber Company, Inc.

Cook Timber, a logging company based in Bay Springs, Mississippi, has been in
operation since 1983. Georgia Pacific is a national wood-processing company with several
facilities in Mississippi. In southeast Mississippi, Georgia Pacific operated the Leaf River
Group. This group consisted of five mills, including the Taylorsville Plywood Plant,
Taylorsville Chip Mill, Bay Springs S... More...
   $0 (03-08-2016 - AL)

American Steel Erectors, Inc. v. Local Union No. 7

As we explained in ASE I, the structural steel industry
is comprised of steel fabricators, who manufacture steel products
to meet design specifications, and steel erectors, who assemble
the fabricated steel. When a developer or owner taps a general
contractor to lead the construction of a building, that general
contractor typically solicits bids for a combined "fab and er... More...
   $0 (02-26-2016 - MA)

UNITED STATES OF AMERICA v. SHAWN HUGHES

On December 20, 2011 the district court sentenced Hughes to 30 days in prison and 24 months of supervised release. More importantly, the court’s sentencing judgment made Hughes and her co-defendant Douglas Brown, the owner of DB Training, jointly and severally liable for $442,330 in restitution. But, critically, the district court also expressed a clear intention that the actual restitution amou... More...   $0 (02-23-2016 - DC)

Columbian Financial Corp. v. Stork

Amidst the 2007–2008 financial crisis, the Office of the State Bank
Commissioner of Kansas declared The Columbian Bank and Trust Company
insolvent, seized the bank’s assets, and appointed the Federal Deposit
Insurance Corporation as receiver. The FDIC then sold many of the bank’s
assets. Columbian Financial Corporation, the bank’s sole shareholder, sued
the state bank comm... More...
   $0 (01-27-2016 - KS)

Twin Creeks Golf Group, L.P. v. Sunset Ridge Owners Association, Inc.

In the underlying proceeding, Sunset Ridge sued two other entities, Twin Creeks
Property, Ltd., and Twin Creeks Operating Co., L.P., and asserted claims based on a “monopoly in
violation of the Texas Anti-Trust Act and Sherman Anti-Trust Act” and for declaratory judgment
to construe an amended restrictive covenant and declare it invalid based on a provision of the Texas
Uniform Con... More...
   $0 (01-26-2016 - TX)

Lanam v. Promise Regional Med. Ctr.-Hutchinson, Inc.

Jaclan Lanam had her right knee replaced at Promise Regional Medical CenterHutchinson, Inc., in October 2009. She was discharged from the hospital 3 days later. Kelly Zoglman, a certified nurse assistant, transferred Lanam from her hospital chair to a wheelchair. Zoglman then rolled Lanam out to the car waiting to take her home. Zoglman was the sole assistant assigned to transfer Lanam from her wh... More...   $0 (01-23-2016 - KS)

United States of America v. Elaine Martin

Boise, ID - Treasure Valley Contractor Pleads Guilty and is Resentenced

Elaine Martin, 69, of Meridian, Idaho, the former president and majority stockholder of MarCon, Inc., pleaded guilty to one count of making and subscribing a false tax return before Chief U.S. District Judge B. Lynn Winmill. Following the entry of her plea, Judge Winmill sentenced her for the tax conviction, and res... More...
   $0 (01-11-2016 - ID)

Castaneda v. Souza

Congress has long given the Attorney General discretion to decide whether to take aliens who are subject to
removal into immigration custody. Congress also has long given the Attorney General discretion to decide whether to release on
bond aliens who are in immigration custody while their removal proceedings are pending. Nearly thirty years ago, however,
Congress began enacting a... More...
   $0 (12-23-2015 - MA)

Leica Microsystems Inc v. Hernandez et al

In this removed action, plaintiff-counterdefendant’s motion to remand presents the
question whether the court has federal question jurisdiction despite the assertion of only
state-law claims in plaintiff-counterdefendant’s state court petition. Concluding that the
court does not have federal question jurisdiction, it grants the motion to remand and awards
plaintiff-counterdefenda... More...
   $0 (11-24-2015 - TX)

Hanover 3201 Realty LLC v. Village Supermarkets

Hanover 3201 Realty, LLC (“Hanover Realty”) signed a contract with Wegmans to develop a supermarket on its property in Hanover, New Jersey. The agreement required Hanover Realty to secure all necessary governmental permits and approvals prior to breaking ground. Village Supermarkets, Inc. (“ShopRite”) owns the local ShopRite. Once ShopRite and its subsidiary Hanover and Horsehill Development L... More...   $0 (11-13-2015 - NJ)

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