Utility Trailer Sales of Kansas City, Inc., persuaded a jury that MAC Trailer Manufacturing, Inc. and Summit Truck Equipment, LLC tortiously interfered with Utility’s prospective business advantage or relationship. But the jury rejected Utility’s claims of breach of contract and tortious interference with contract, and also found that the contract between Utility and MAC was not a franchise ag

This case raises important issues regarding the doctrine of “copyright misuse” as it has developed in the wake of the technological revolution of the last 30 years. Plaintiff- Appellee, Apple Inc. (“Apple”), is one of the leading producers of innovative technological hardware and software that has spurred enormous consumer demand for ever evolving technology. The Defendant-Appellant, Psyst

This appeal arises from a car accident involving James Pitts and Charley Willhelm in Winkler County, Texas. The accident occurred at the intersection of State Highway 115 and County Road 201. Pitts was driving south on the state highway as Willhelm was driving east on the county road. Willhelm’s car failed to stop at a stop sign and crashed into Pitts’s car. Pitts sued Winkler County under th

SCHUMAN, P. J.
2 The Oregon Medical Board (board) concluded that petitioner engaged in
3 unprofessional conduct and willfully disobeyed a board order, and, as a consequence, it
4 revoked his license to practice medicine, fined him $10,000, and ordered him to pay the
5 costs of the disciplinary proceedings--$14,599.05. Petitioner seeks judicial review,
6 arguing, first, that the

2 Plaintiffs, real estate brokers who sought damages and declaratory relief
3 pertaining to the enforcement of defendant City of Portland's 2008-amended Business
4 License Law, appeal. They challenge the trial court's allowance of the city's motion for
5 partial summary judgment and its denial of their cross-motion for partial summary
6 judgment. In so ruling, the trial court deter

[¶1] The district court dismissed the appellants’ civil action against the appellees for
failure to state a claim upon which relief can be granted. The dismissal and this appeal
raise issues of statutory construction and the constitutionality of a statute, with the focal
question being the liability of a provider of alcohol for damages caused to a third person
by the person to w

Michael Tyler (Licensee) appeals from an order of the Court of Common Pleas of Susquehanna County (trial court) denying his appeal of five consecutive one-year license suspensions imposed by the Pennsylvania Department of Transportation (PennDOT). In this case, we consider whether 75 Pa. C.S. §1532(a)1 authorizes PennDOT to impose a one year suspension for each of five counts of aggravated assaul

Bruce and Mary Crider were divorced. Bruce challenges the final judgment in their divorce action on numerous grounds. We find no error in the trial court’s judgment and affirm.

Background

On August 4, 2009, Bruce and Mary Crider filed a verified petition for divorce on grounds of irreconcilable differences. The petition stated that the Criders had provided for the division of their

This case arises out of the sale of a home which was later discovered to have structural flaws. Jason Osterhaus, a first-time home buyer, brought an action against the seller (Jean Betty Toth), Toth's real estate agent (Jeffrey Schunk), and Schunk's company (TopPros Real Estate, Inc.). Osterhaus alleged deceptive and unconscionable acts under the Kansas Consumer Protection Act (KCPA), K.S.A. 50-62

This appeal raises the question of whether a commercial lending institution, which is also an equity investor in a borrower‘s venture, violated the Unruh Civil Rights Act (Act) (Civ. Code, § 51) by declining to make a loan to a limited liability company because its managing member included a felon who had conspired to falsify customs documents and sell munitions to Syria.

We conclude tha

What‟s in a name? Business and Professions Code section 7031, subdivision (a)1 “bars all actions, however they are characterized, which effectively seek „compensation‟ for illegal unlicensed contract work.” (Hydrotech Systems, Ltd. v. Oasis Waterpark (1991) 52 Cal.3d 988, 997 (Hydrotech).) In this appeal we decide whether subdivision (a) bars plaintiff David E. Ball, who was licensed by

[¶1] Riverwood Commercial Park, LLC, and Tom S. Freidt (collectively "Riverwood") appealed from a summary judgment dismissing Riverwood's action against Standard Oil Company, Inc. ("Standard") and Tesoro Refining and Marketing Company ("Tesoro"). We conclude the district court did not err in granting summary-judgment dismissal of Riverwood's claims because the court correctly ruled as a matter of

Shawano Gun & Loan, LLC (Shawano) sells fishing equipment and firearms from its sporting goods store and pawnshop in northern Wisconsin. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) revoked Shawano’s federal license to sell firearms in December 2008 after it rejected Shawano’s administrative appeal from a hearing officer’s finding that Shawano willfully violated record keepi

In nineteen issues, Game Systems, Inc. a/k/a Texas Game Systems appeals from the trial court’s denial of its motion for summary judgment against and the grant of summary judgment for Forbes Hutton Leasing, Inc. (Leasing), Gametronics Gaming Equipment Limited (Tronics), and Robert Houchin (Houchin) (collectively Appellees). We affirm in part and reverse in part. Because we hold that the trial c

Plaintiff appeals a judgment for defendant in this slip and fall case, assigning error to the trial court's failure to give one instruction to the jury and its decision to give another. We hold that the trial court erred in failing to give the first instruction and that the second instruction was potentially misleading; we therefore reverse the trial court's judgment.

We state the facts in

The National Park Service and the United States Forest Service require backpackers who visit certain areas in the Sierras to store food in portable bear-resistant containers. Between 2001 and 2007, both the Park Service and the Forest Service required visitors to Yosemite National Park, Sequoia and Kings Canyon National Parks (“SEKI”), and the Inyo National Forest to use containers that had be

Helen Woten (“Woten”) appeals the district court’s decision granting summary judgment to American National Insurance Company, doing business as Edgewater Mall (“ANICO”). We REVERSE the grant of summary judgment in favor of ANICO and REMAND the case for proceedings consistent with this opinion.

I. FACTS AND PROCEDURAL HISTORY

Woten worked as a cashier at a store in the Edgew

[¶1] Sandra L. Jusseaume appeals from a judgment entered in the District Court (West Bath, Tucker, J.) denying her request for a protection from abuse order based on a finding that James D. Ducatt’s conduct did not meet the definition of abuse. See 19-A M.R.S. § 4002(1)(B) (2010).1 Jusseaume contends that the court committed obvious error by failing to afford her the opportunity to cross-exami

¶1 In this reciprocal disciplinary proceeding against a lawyer, the issues to be decided are (1) Does the record submitted for our examination provide sufficient evidence for a meaningful de novo consideration of the charge against respondent and of its disposition?1 and (2) Is public censure an appropriate disciplinary sanction for respondent’s breach of professional ethics? We answer both que

Elizabeth Antim appeals from the district court’s dismissal of her claims of negligence and negligent supervision against Fred Meyer Stores, Inc. and Cleaning Services Group, Inc. (CSG). Specifically, Antim asserts that the district court erred by granting Fred Meyer’s and CSG’s motions for summary judgment. Antim also appeals from the district court’s order denying her motion for reconsid

A driver appeals the 90-day suspension of her driver’s license two and a half years after her arrest for drunk driving. The delay was almost entirely due to the fact that the officer who arrested her was deployed to Iraq with the military shortly after her arrest, and the suspension hearing was continued until the state learned of his return. The driver challenges the suspension on constitutiona

The named plaintiffs in this putative class action, brought pursuant to 42 U.S.C. § 1983, are the New York Taxi Workers Alliance (“NYTWA” or “Alliance”) and four New York City taxi drivers whose licenses to drive yellow cabs were automatically suspended when they were arrested on criminal charges. It is the policy of the City of New York (“City”) and its Taxi and Limousine Commission

At issue in this case is the construction of a contract that governs the fees that the operators of the Portland Meadows horse racing track must pay to the owners of the race track for wagering on horse races that are "simulcast" from other horse racing sites. The decades-old contract, which was executed before simulcasting of off-track races was permitted, describes two different fees: one that a

This case concerns a copyright infringement action brought by Saregama India Ltd. (“Saregama”) against the Defendants for copying, or digitally sampling, a portion of the Indian song, “Baghor Mein Bahar Hai” (“BMBH”), in the hip-hop song, “Put You on the Game” (“PYOG”). Saregama, an Indian music production and distribution company, claims that it owns a copyright in the sound r

¶1 In this disciplinary proceeding against a lawyer, the issues to be decided are: (1) Does the record submitted for our examination provide sufficient evidence for a meaningful de novo consideration of the complaint and of its disposition?1 and (2) Is a suspension from the practice of law for six months an appropriate disciplinary sanction for respondent's breach of professional ethics? We answe