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John Stephen Thorne v. Union Pacific Corporation; Union Pacific Railroad Company

Plaintiff-Appellant John Thorne sued Defendants-Appellees (1) Union Pacific Corporation and (2) Union Pacific Railroad Company, together “Union Pacific” or “Defendants,” seeking a declaratory judgment establishing the value of stock he allegedly owns in Defendants’ corporations. Plaintiff claims that he owns a stock certificate issued in 1859 by the Southern Pacific Railroad
Case: 18-50019 Doc... More...
   $0 (11-25-2018 - TX)

Joan Mauri Barefoot v. Jana Susan Jennings

Appellant Joan Mauri Barefoot appeals following the trial court’s decision to
dismiss her petition under Probate Code section 172001
to, among other things, set aside
the 17th through 24th amendments and declare effective the 16th amendment to the
Maynord 1986 Family Trust (Trust). The trial court dismissed the petition on standing
grounds. For the reasons set forth below, we a... More...
   $0 (11-06-2018 - CA)

Michael Skidmore v. Led Zeppelin

This copyright case involves a claim that Led Zeppelin copied key portions of its timeless hit “Stairway to Heaven” from the song “Taurus,” which was written by Spirit band member Randy Wolfe. Years after Wolfe’s death, the trustee of the Randy Craig Wolfe Trust, Michael Skidmore, brought this suit for copyright infringement against Led Zeppelin, James Patrick Page, Robert Anthony Plant, John Paul... More...   $0 (10-09-2018 - CA)

Michael Skidmore v. Led Zeppelin





This copyright case involves a claim that Led Zeppelin copied key portions of its timeless hit “Stairway to Heaven” from the song “Taurus,” which was written by Spirit band member Randy Wolfe. Years after Wolfe’s death, th... More...
   $0 (09-30-2018 - CA)

Jpay, Inc. v. Cynthai Kobel, Shalanda Houston





At issue today is a question at the intersection of arbitration and class action jurisprudence, a question that has been expressly left open by the Supreme Court and which comes to this Circuit as a matter of first impression. The parties agree that their disputes will ... More...
   $0 (09-23-2018 - FL)

Amanda Kondrat'Yev v. City of Pensacola, Florida United States District Court for the Northern District of Florida Federal Courthouse - Pensacola, Florida

The City of Pensacola, Florida appeals a district court decision ordering it to remove a 34-foot Latin cross from a public park on the ground that the City’s maintenance of the cross violates the First Amendment’s Establishment Clause. Having concluded that we are bound by existing Circuit precedent, we find ourselves constrained to affirm.
I
The pertinent facts are undisputed. In 1941, th... More...
   $0 (09-12-2018 - FL)

Joan Mauri Barefoot v. Jana Susan Jennings

Appellant Joan Mauri Barefoot appeals following the trial court’s decision to
dismiss her petition under Probate Code section 172001
to, among other things, set aside
the 17th through 24th amendments and declare effective the 16th amendment to the
Maynord 1986 Family Trust (Trust). The trial court dismissed the petition on standing
grounds. For the reasons set forth below, we a... More...
   $0 (09-12-2018 - CA)

Ditech Servicing, LLC v. Jerry Perez d/b/a Lighthouse Investments

Prior to the bench trial, the parties stipulated to the facts and to certain exhibits, from which we draw our recitation of the background facts. In their briefs, the parties make clear that the central issue in the case is the statute of limitations. The property in question is a house located in Edinburg, Texas (“the Property”). On January 13, 2006, Sarah McMaster borrowed $99,621.00 from ... More...   $0 (09-03-2018 - TX)

Randy Kinder Excavating, Inc. v. JA Manning Construction Company, Inc. Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

This construction dispute arises from a government contract to build a pumping
station for the purpose of managing water levels around parts of the lower White
River in Arkansas. As with many large-scale projects, this venture was plagued with
delays from its inception. These delays were caused by weather events, scheduling
conflicts, and other unforeseen conditions. The district c... More...
   $0 (08-08-2018 - AR)

Raymond Blech v. Richard Blech, Commercial Bank as Trustee, etc.

Arthur Blech died in 2011, leaving an estate worth in
excess of $65 million. At his death, his estate planning
documents included the Arthur Blech Living Trust, as amended,
and his will, which provided for the “pour over” of most of his
remaining assets into the Trust, to be administered as part of the
corpus of the Trust by a third party trustee. Arthur left most of
his es... More...
   $0 (08-07-2018 - )

Excelled Sheepskin & Leather Coat Corp. v. Oregon Brewing Company Southern District of New York - New York, New York

11 In a trademark dispute over use of the brand‐name ROGUE on t‐shirts,
12 sweatshirts, hats and similar apparel, Defendant Oregon Brewing Company
13 (“OBC”) appeals from the grant of summary judgment in the United States
14 District Court for the Southern District of New York (George B. Daniels, J.) in
15 favor of Plaintiff Excelled Sheepskin & Leather Coat Corporation... More...
   $0 (08-02-2018 - NY)

Pinkette Clothing, Inc. v. Cosmetic Warriors Limited Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Cosmetic Warriors Limited (“CWL”) sells LUSHbranded
cosmetics and related goods, while Pinkette Clothing
sells LUSH-branded women’s fashions. CWL seeks both a
permanent injunction restraining Pinkette from infringing on
CWL’s LUSH mark and cancellation of Pinkette’s
registration of its own LUSH mark. The district court held
that laches barred CWL’s infringement and cancella... More...
   $0 (06-29-2018 - CA)

Rana Samara v. Haitham Matar

When a trial court judgment rests on more than one ground, it may be
impossible for a losing party to obtain appellate review of all of the court’s
determinations. In a breach of contract action, for example, a trial court might
grant a defense motion for summary judgment because no contract was formed,
and because in any event there was no breach. On direct review, an appellateMore...
   $0 (06-26-2018 - CA)

Rockefeller Technology Investments (Asia II) v. Changzhou Sinotype Technology Co., LTD

This appeal concerns an aborted international business
deal between Changzhou SinoType Technology Company, Ltd.
(SinoType), a Chinese company, and Rockefeller Technology
Investments (Asia) VII (Rockefeller Asia), an American
investment partnership. When the relationship between the two
entities soured, Rockefeller Asia pursued contractual arbitration
against SinoType in Los... More...
   $0 (06-04-2018 - CA)

Yvonne Reid v. City of San Diego

A. Legal Background—The Procedural Ordinance and 2008 Assessment
Under the Property and Business Improvement District Law of 1994 (PBID of
1994) (Sts. & Hy. Code,2 §§ 36600 et seq.), private property owners in a geographical
area can initiate formation of a business improvement district to assess themselves fees to
be spent promoting their businesses. (See Epstein v. Hollywood Ente... More...
   $0 (05-28-2018 - CA)

Robert Ghiringhelli v. The Assurance Group, Inc. Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

Plaintiffs Robert Ghiringhelli, Colin
Keith Holley, Derrold Nash, Anthony Petitti, Jr., and Harmon G. Pye, III,1 appeal the district
court’s grant of summary judgment to defendant The Assurance Group, Inc., on the plaintiffs’
claims for breach of contract, conversion, breach of fiduciary duty, statutory and regulatory
violations, and for declaratory judgment. Before this court, the... More...
   $0 (05-26-2018 - OH)

RICK POIRIER v. PROCESS EQUIPMENT CO. OF TIPP CITY

On June 8, 2016, Poirier filed a complaint against PECo for monetary
damages and equitable relief, based on PECo’s alleged breach of Poirier’s
manufacturer’s representative agreement. The complaint alleged four causes of action
against PECo: breach of contract; conversion of fees paid by Poirier’s clients; violation of
the statutory duty in R.C. 1335.11 when PECo failed to pay... More...
   $0 (05-20-2018 - OH)

Gary Lee Beason v. State of Indiana

We summarized the facts of this case in Beason’s direct appeal:
The facts most favorable to the judgment are that on April 18, 1995, Karen Beason took four of her five children to a police substation in Anderson, Indiana. Karen was disoriented and confused and was admitted to the stress unit at Community Hospital. The Madison County Division of Family and Children took custody of the childr... More...
   $0 (05-07-2018 - IN)

Aenaudo Brothers, L.P v. Agricultural Labor Relations Board, United Farm Workers of America, Real Party in Interest

ORIGINAL PROCEEDING; petition for writ of review.
Charley M. Stoll, Rachelle O. Tejada and Anne W. Nilsen for Petitioners.
J. Antonio Barbosa, Paul M. Starkey and Todd M. Ratshin for Respondent.
Martinez Aguilasocho & Lynch and Mario G. Martinez for Real Party in Interest.
-ooOooThis
writ proceeding addresses decisions by the Agricultural Labor Relations Board
(Board) that ... More...
   $0 (05-05-2018 - CA)

Taylor Scott v. Gino Morena Enterprises, LLC Central District of California Federal Courthouse - Los Angeles, California

Taylor Scott appeals from the grant of summary
judgment in favor of her former employer, Gino Morena
Enterprises, LLC (“GME”). Scott sued GME alleging
sexual harassment and retaliation under state law. The
parties stipulated to the dismissal of Scott’s state law claims
and Scott’s filing of an amended complaint asserting claims
under Title VII of the Civil Rights Act of 196... More...
   $0 (04-30-2018 - CA)

Brian Newton v. Parker Drilling Management Services, Ltd. Central District of California Federal Courthouse - Los Angeles, California

This case presents the novel question whether claims
under state wage and hour laws may be brought by workers
employed on drilling platforms fixed on the outer Continental
Shelf. Brian Newton worked on such a platform off the coast
of Santa Barbara. His shifts lasted fourteen days and he
regularly worked twelve hours per day. After Parker Drilling
(“Parker”) terminated him,... More...
   $0 (02-10-2018 - CA)

William Baxter v. California State Teachers' Retirement System

Eleven retired teachers (Teachers) who had been employed in the Salinas Unified
High School District (District), disputed attempts by appellant California State Teachers’
Retirement System (CalSTRS) to recoup retirement benefit overpayments. The
overpayments were the result of a years-long miscalculation by the District of the
monthly retirement benefits to which the Teachers were ... More...
   $0 (01-21-2018 - CA)

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)

Badrudin Kurwa v. Mark B. Kislinger

After the trial court dismissed some of plaintiff’s claims with prejudice, the
parties agreed to dismiss their remaining claims against one another without
prejudice and to waive the applicable statutes of limitations. The evident purpose
of this maneuver was to permit plaintiff to appeal the trial court’s partial order of
dismissal. The plan hit a speed bump, however, when this co... More...
   $0 (12-26-2017 - CA)

In re Patti J. Wagner, as Guardian of Jenny Wagner, an Incapacitated Adult

Real parties in interest, Four J’s Community Living Center, Inc. (“Four J’s) and Anthonia Uduma (“Uduma”), have filed motions for rehearing and for en banc reconsideration of our April 27, 2017 opinion. We deny the motion for rehearing, but withdraw our opinion and issue the following opinion in its stead. Because we issue a new opinion in connection with the denial of rehearing, the motion for en... More...   $0 (12-18-2017 - TX)

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