Custom Hareware Engineering & Consulting and David York v. Assurance Company of America |
Custom Hardware Engineering & Consulting, Inc. and David York1 appeal the grant of summary judgment in favor of their insurer, Assurance Company of America, on their claims for declaratory judgment and breach of contract. We affirm. |
Custom Hardware Engineering & Consulting, Inc. v. Assurance Company of America |
Custom Hardware Engineering & Consulting, Inc. and David York1 appeal the grant of summary judgment in favor of their insurer, Assurance Company of America, on their claims for declaratory judgment and breach of contract. We affirm. I. BACKGROUND Plaintiff Custom Hardware, a corporation with its principal place of business located in Fenton, Missouri, provides service and maintenance on computer e... More... $0 (08-11-2009 - MO) |
Richard Vicari, dba Color Arts Landscaping v. Lake Havasu City |
¶1 Richard Vicari and Color Arts Landscaping (collectively “Vicari”) appeal from the portion of the superior court’s final judgment that awarded $1,000 in attorneys’ fees to Lake Havasu City (“the City”). For the following reasons, we affirm. |
Capital Records, Inc. et al v. Joel Tannenbaum |
Answerthink, Inc., Arista Records, Inc., BMG Music, Capital Records, Inc., Capitol Records, Inc., Elektra Entertainment Group Inc., Fonovisa, Inc., Motown Record Company, L.P., Recording Industry Association of America, Sony Music Entertainment Inc., Sony Music Entertainment Inc., UMG Recordings, Inc., Virgin Records America, Inc., Atlantic Recording Corporation sued Joel Tanenbaum for violatin... More... $675000 (08-01-2009 - ) |
Nicholas Lohman v. Duryea Borough, et al. |
Nicholas Lohman appeals from the District Court’s award of $30,000.00 in attorney’s fees following a jury verdict in his favor in his wrongful discharge action. The jury awarded Lohman $12,205.00 in lost wages and nominal damages, after finding Appellees liable on one of Lohman’s three First Amendment retaliation claims. Lohman contends that the District Court improperly considered settlemen... More... $0 (07-29-2009 - ) |
Federal Insurance Company v. Binney & Smith, Inc., a subsidiary of Hallmark Cards, Inc. |
This insurance indemnity action is drawn by the packaging of boxes of crayons and colored by the expense of settling a lawsuit directed at the packaging. |
Altvater Gessler, et al. v. Sobieski Destylarnia, S.A., et al. |
Plaintiffs-Appellants Altvater Gessler-J.A. Baczewski |
St. Luke's Cataract and Laser Institute, P.A. v. James C. Sanderson, M.D., LLC |
This appeal arises out of an intellectual property dispute between Plaintiff St. Luke’s Cataract and Laser Institute, P.C. (“St. Luke’s”) and Defendants Dr. James C. Sanderson and James C. Sanderson, M.D., LLC (“Dr. Sanderson”) regarding the ownership and use of two Internet domain names (laserspecialist.com and lasereyelid.com) and an Internet website (“the LaserSpecialist.com websi... More... $0 (07-11-2009 - ) |
Emil Cadkin v. Irma Loose; May-Loo Music, Inc.; Terence Loose |
This appeal concerns whether a defendant is entitled to attorney’s fees as a prevailing party under § 505 of the Copyright Act, 17 U.S.C. § 505, when a plaintiff voluntarily dismisses without prejudice a lawsuit containing copyright claims. In Corcoran v. Columbia Broadcasting System, Inc., 121 F.2d 575, 576 (9th Cir. 1941), we held a defendant in a copyright suit was a prevailing party and wa... More... $0 (06-26-2009 - CA) |
William A. Graham Company d/b/a The Graham Company v. Thomas P. Haughey; USI Midatlantic, Inc. |
We face an issue of first impression for this court–whether the discovery rule or the injury rule governs the accrual of claims under the Copyright Act, which has a threeyear statute of limitations for civil actions, 17 U.S.C. § 507(b). |
Steve Crutchfield v. Marine Power Engine, Tige Boats, Inc. and Marine Power Holding, LLC |
¶1 The first impression issue presented is whether Marine Power Holding, L.L.C. (MP Holding), a successor company once-removed from Marine Power Engine, Inc. (MP Engine), is liable for a judgment taken against MP Engine. As a general rule, when one company sells or otherwise transfers all its assets to another company, the successor is not liable for the debts and liabilities of the seller. There... More... $0 (05-05-2009 - OK) |
Robert Tur, doing business as Los Angeles News Service v. YouTube, Inc. |
Robert Tur, an award-winning helicopter journalist, sued YouTube, a highly popular online video sharing service, for copyright infringement in the Central District of California. YouTube moved for summary judgment based upon the safeharbor provision of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c), which the district court denied. Shortly thereafter, Tur, hoping to join a putative New ... More... $0 (04-21-2009 - CA) |
Angela E. Brooks-Ngwenya v. Indianapolis Public Schools |
Angela Brooks-Ngwenya claims that the Indianapolis Public Schools infringed a copyrighted educational program that she had developed while working for the school system. She also accuses the school system of employment discrimination. The district court granted summary judgment for IPS. |
Bobbie Harris v. Mexican Specialty Foods, Inc. d.b.a La Paz Restaurante & Cantina |
In this case we consider the constitutionality of the statutory-damages provision found in § 616(a)(1)(A) of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681, et seq. The district court, finding that the statutory-damages provision is unconstitutionally vague and excessive, dismissed the complaints with prejudice. For the reasons stated below, we vacate the rulings of the district co... More... $0 (04-09-2009 - AL) |
Digital Filing Systems, LLC v. Aditya International and Akhilesh Agarwal |
This case is before this Court for the third time. In the first appeal, Case No. 05-1796, we upheld the district court’s entry of a Default Judgment against Defendants-Appellants on Plaintiff-Appellee’s Complaint for copyright infringement. In the second appeal, Case No. 05-2101, we upheld in part the district court’s award of statutory damages, injunctive relief, and attorneys’ fees, and ... More... $0 (04-06-2009 - MI) |
Dream Games of Arizona, Inc., et al. v. PC Onsite, et al. |
Dream Games of Arizona (“Dream Games”) prevailed in its lawsuit against PC Onsite for copyright infringement of “Fast Action Bingo,” an electronic video bingo game, and was awarded statutory damages. We must decide whether (1) the district court properly allowed the jury to see unprotectable elements of the game without identifying the protectable elements; (2) the jury should have been al... More... $0 (04-04-2009 - AZ) |
Myoda Computer Center, Inc. v. American Family Mutual Insurance Company |
Plaintiff, Myoda Computer Center, Inc. (Myoda), filed a declaratory judgment action against defendant, American Family Insurance Company (American Family), claiming that American Family was obligated to indemnify Myoda and pay Myoda’s defense costs in settling a lawsuit against it. American Family then filed a counterclaim for declaratory judgment seeking a declaration that it owed Myoda no duty... More... $0 (03-31-2009 - IL) |
Capitol Indemnity Corp. v. Elston Self Service Wholesale Groceries, Inc., Lorillard Tobaqcco Co., Mashour "Mike" Dukum, Ibrahum Dukum, and David Dukum |
In theIn the litigation underlying this case, Lorillard Tobacco Co. (“Lorillard”) filed trademark infringement, unfair competition, and Illinois Deceptive Trade Practices Act claims against Elston Self Service Wholesale Groceries (“Elston”). Lorillard accuses Elston and individual defendants of selling counterfeit cigarettes bearing Lorillard’s federal trademark registration, NEWPORT®. ... More... $0 (03-17-2009 - IL) |
Jeanette C. Nicholson, Ph.D. v. James C. Shafe, et al. |
This appeal calls upon us to address the scope of the Rooker-Feldman1 doctrine, which provides that “lower federal courts are precluded from exercising appellate jurisdiction over final state-court judgments.” Lance v. Dennis, 546 U.S. 459, 463 (2006). The Supreme Court has only applied the Rooker-Feldman doctrine as a bar to jurisdiction on two occasions, the first instance being Rooker and t... More... $0 (02-18-2009 - GA) |
La Rosolana Architects, P.A. v. Reno, Inc., d/b/a Clay Realtors Angel Fire; Southwest Investment Trust, LP; Lance K. Clay; and Gary Plante |
Plaintiff-Appellant La Resolana Architects, PA, (“La Resolana”) brought an action against Reno, Inc., its president Lance Clay (collectively “Reno, Inc.”), Southwest Investment Trust, and its president Gary Plante (collectively “SWIT”) for copyright infringement, violation of the Lanham Act, and violation of the New Mexico Unfair Trade Practices Act (“UTPA”). After a bench trial, t... More... $0 (02-17-2009 - NM) |
Baden Sports, Inc. v. Molten USA, Inc. and Kabushiki Kaisha Molten |
Kabushiki Kaisha Molten and Molten USA, Inc. (collectively “Molten”) appeal from a final judgment of the United States District Court for the Western District of Washington denying Molten’s motions for a new trial and judgment as a matter of law (“JMOL”) relating to a jury award of $8,054,579 for false advertising under Section 43 of the Lanham Act. See Baden Sports, Inc. v. Kabushiki Ka... More... $0 (02-13-2009 - WA) |
Sportsmans Warehouse, Inc. v. Stephen C. Leblanc |
Sportsman’s Warehouse filed a declaratory judgment action in the district court seeking a declaration that it did not infringe Steven G. Fair’s copyrights by displaying a bronze elk sculpture designed by Stephen C. LeBlanc, who was also named as a defendant. Sportsmans Warehouse, Inc. v. Fair, 576 F. Supp. 2d 1175, 1180 (D. Colo. 2008). The district court modified and accepted the report and r... More... $0 (02-09-2009 - CO) |
United National Insurance Company v. Spectrum Worldwide, Inc., et al. |
Spectrum Worldwide, Inc. (“Spectrum Worldwide”), Celebrity Products Direct, Inc. and Celebrity Products, Inc. (collectively “Celebrity”), Spectrum Worldwide’s president Murray Moss (“Moss”), CEO Lisa Tremain (“Tremain”), and CFO Howard Schwartz (“Schwartz”) (all of the defendants hereinafter referred to as “Spectrum”) asks this court to determine whether the “first publ... More... $0 (02-09-2009 - CA) |
Sanford Green, et al. v. Norman H. Ziegelman, et al. |
Defendants appeal as of right a $156,313 judgment entered by the circuit court in favor of plaintiffs and against defendant Norman H. Ziegelman (Ziegelman), individually, on plaintiffs’ claim of breach of an architect agreement. Ziegelman’s liability for the breach was determined postjudgment through proceedings supplementary to judgment, and liability was predicated on an alter ego theory, wi... More... $0 (02-03-2009 - mi) |
Coyne's & Co., Inc. v. Enesco, LLC |
In 2005, Coyne's & Co. ("Coyne"), a Minnesota corporation, entered into a distributor agreement (the "Agreement") with Country Artist, Ltd. ("CA"), a company formed under the laws of England. The Agreement granted Coyne the exclusive right to sell, distribute, market, and advertise all CA products (the "Products"), as well as the use of the trademarks and copyrights associated with the Products, i... More... $0 (01-23-2009 - MN) |
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