Appellants, Someplace New, Inc., Donald Edward Young, Jr., and Carolyn Jane Young, challenge the dismissal of their second amended complaint, with prejudice, for failure to state a cause of action. The complaint alleged two counts. A s to count I, alleging fraudulent misrepresentation, we reverse. A s to count II, a claim alleging constructive fraud based on breach of fiduciary duty, we affirm wit... More...   $0 (01-12-2011 - FL)

Plaintiff Robert J. Triffin appeals from a November 5, 2009 order dismissing his complaint seeking to collect on a dishonored check originally issued by defendant Liccardi Ford, Inc. (Liccardi).1 Because the check was post-dated, and the check cashing service from which Triffin purchased it had made payment in violation of the Check Cashers Regulatory Act of 1993 (Act), N.J.S.A. 17:15A-30 to -52, ... More...   $0 (01-12-2011 - NJ)

This diversity action arises out of a gambling debt Amine T. Nehme (“Nehme”) is claimed to owe Las Vegas Sands, LLC (the “Venetian”), on an unpaid casino “marker” in the amount of $499,000, plus interest.

A marker is a gambling credit instrument that allows a gambler to receive all or part of the credit line the casino has approved for him, based on the gambler’s prior credit ... More...   $0 (01-11-2011 - NV)

UHS of Delaware, Inc. (UHS) appeals from the judgment entered on a jury verdict of $2.4 million in favor of Mary Masters (Masters) on claims of service mark infringement under the Lanham Act and breach of contract. UHS contends that the district court1 erred in concluding that Masters was eligible for monetary relief under the Lanham Act and in upholding an award based on disgorgement of profits. ... More...   $0 (01-06-2011 - MO)

Uniloc USA, Inc. and Uniloc Singapore Private Lim-ited (collectively, “Uniloc”) appeal from the decision of the United States District Court for the District of Rhode Island granting Microsoft Corporation’s (“Microsoft”) motion for judgment as a matter of law (“JMOL”) of non-infringement and no willful infringement of asserted claims of Uniloc’s U.S. Patent No. 5,490,216 (“’216... More...   $0 (01-04-2011 - RI)

Steve Wanner (Wanner) was arrested on suspicion of driving under the influence and the results of his breath tests were over the legal limit. Based upon Wanner’s failure of this evidentiary test, the officer provided him a form captioned as “Notice of Suspension” (the Notice or Notice of Suspension) provided by the Idaho Department of Transportation (IDOT). Wanner then requested an administr... More...   $0 (01-03-2011 - ID)

This appeal presents the question whether a nurse‟s incident report to a hospital risk manager is covered by Iowa‟s statutory peer review privilege. See Iowa Code § 147.135 (2007). Because we conclude that it is not, at least where the evidence does not establish the report is in the hands of a peer review committee or an employee thereof, we affirm the decision below.

I. Factual and P... More...   $0 (12-22-2010 - IA)

Plaintiffs – two New Jersey wine enthusiasts, a New Jersey couple who seeks access to more Kosher wines, and a California winery – have brought suit in the United States District Court for the District of New Jersey against Jerry Fischer, New Jersey’s Director of Alcoholic Beverage Control, alleging that several aspects of New Jersey’s Alcoholic Beverage Control Law (“ABC Law”) infring... More...   $0 (12-22-2010 - NJ)

There is no simple remedy for the vast number of unsolicited emails, popularly known as “spam,” that fill our electronic inboxes daily. Even though federal and state legislatures have adopted various laws to combat this problem, “spammers” continue to find new ways to advertise.

Daniel Balsam, a victim of spam, seeks an alternative method of enforcement by bringing claims against ... More...   $0 (12-16-2010 - CA)

Blizzard Entertainment, Inc. (“Blizzard”) is the creator of World of Warcraft (“WoW”), a popular multiplayer online role-playing game in which players interact in a virtual world while advancing through the game’s 70 levels. MDY Industries, LLC and its sole member Michael Donnelly (“Donnelly”) (sometimes referred to collectively as “MDY”) developed and sold Glider, a software pro... More...   $0 (12-15-2010 - AZ)

Civil Code section 1714, subdivision (c)1 provides broad immunity from civil liability for a social host who “furnishes alcoholic beverages to any person.” Under Business and Professions Code section 25602.1, the social host loses that immunity if he or she “sells, or causes to be sold, any alcoholic beverage, to any obviously intoxicated minor.”2 In this case of first impression, we hold ... More...   $0 (12-01-2010 - CA)

Allan Broughman operated a gun shop pursuant to a dealer’s license issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF"). After performing a routine inspection of Broughman’s shop in 2006, ATF investigator Larry Carver issued a report of violations concluding, among other things, that in order to lawfully conduct his business Broughman needed to obtain a manufacturer’s li... More...   $0 (11-15-2010 - VA)

This case involves a dispute over a real estate commission. Following a bench trial, the trial court rendered judgment in favor of the plaintiff, Maria Pena. Although multiple claims are advanced in this appeal, only one merits discussion. The defendant Richard T. Petano, executor of the estate of Joan C. Petano (decedent), contends that the court’s determination that the plaintiff was entitled ... More...   $0 (11-02-2010 - CT)

This appeal challenges the trial court‟s determination that the Department of Motor Vehicles (the DMV, or the Department) failed to meet its burden of proving plaintiff Derek Brenner was driving with a blood alcohol content of .08 or more when he was stopped by law enforcement officers. We find no error, and affirm.

BACKGROUND

I. Arrest and Blood Alcohol Tests

The relevant f... More...   $0 (10-18-2010 - CA)

This appeal challenges the trial court‟s determination that the Department of Motor Vehicles (the DMV, or the Department) failed to meet its burden of proving plaintiff Derek Brenner was driving with a blood alcohol content of .08 or more when he was stopped by law enforcement officers. We find no error, and affirm.

BACKGROUND

I. Arrest and Blood Alcohol Tests

The rele... More...   $0 (10-18-2010 - CA)

DuVal Wiedmann, LLC (“DuVal Wiedmann”), appeals a summary judgment on its breach-of-contract claim. We affirm the summary judgment but remand for consideration of whether DuVal Wiedmann is owed royalties for one particular period of time.

I.

The facts, though intricate, are not in material dispute. Stephen DuVal (“DuVal”) is the inventor of a patent (“the ‘836 patent”),... More...   $0 (09-17-2010 - TX)

Defendant Douglas Aquatics, Inc. (Appellant) appeals the trial court’s order denying its motion to dismiss for lack of personal jurisdiction under Rule 12(b)(2) of the North Carolina Rules of Civil Procedure. Because Appellant raises the sole question of whether the exercise of personal jurisdiction over it by the North Carolina courts comports with due process and we conclude that it does, we a... More...   $0 (09-14-2010 - NC)

Timothy Vernor purchased several used copies of Autodesk, Inc.’s AutoCAD Release 14 software (“Release 14”) from one of Autodesk’s direct customers, and he resold the Release 14 copies on eBay. Vernor brought this declaratory judgment action against Autodesk to establish that these resales did not infringe Autodesk’s copyright. The district court issued the requested declaratory judgment... More...   $0 (09-10-2010 - WA)

Plaintiffs are three nightclubs where women give erotic
dance performances wearing only g-strings and pasties. The
clubs brought First Amendment, vagueness, and overbreadth
challenges to Virginia’s alcohol licensing program, which
allows the clubs to serve beer and wine but not mixed beverages.

Under the standard of intermediate scrutiny applicable
to policies aimed ... More...   $0 (08-08-2010 - VA)

For more than forty years, the United States Forest Service (hereinafter “Forest Service”) has granted Plaintiff Hugh B. McKeen and his family a series of term livestock grazing permits to graze cattle and/or horses on the Cedar Breaks Allotment in the Glenwood Ranger District of the Gila National Forest in Catron County, New Mexico. Recently, McKeen sought to have several Forest Service actio... More...   $0 (08-02-2010 - NM)

The plaintiff Emanuel Papadopoulos was injured when he slipped and fell on a patch of ice in the parking lot of the Liberty Tree Mall in Danvers in front of a Target department store. [FN4] He filed suit in the Superior Court against the defendants Target Corporation, which controlled the area of the parking lot where the plaintiff fell, and Weiss Landscaping Company, Inc., the contractor retained... More...   $0 (07-26-2010 - MA)

In this direct appeal from the Commonwealth Court, we consider whether “canned” computer software1 constitutes “tangible personal property,” such that the purchase of such software is subject to sales tax under the Tax Reform Code, 72 P.S. § 7201 et seq. (the “Code”).2 For the reasons that follow, we conclude that canned computer software is tangible personal property, and, therefore,... More...   $0 (07-21-2010 - PA)

Plaintiffs are three nightclubs where women give erotic dance performances wearing only g-strings and pasties. The clubs brought First Amendment, vagueness, and overbreadth challenges to Virginia’s alcohol licensing program, which allows the clubs to serve beer and wine but not mixed beverages. Under the standard of intermediate scrutiny applicable to policies aimed at the harmful secondary effe... More...   $0 (07-21-2010 - VA)

Today, we decide whether the Driver’s Privacy Protection Act (DPPA), 18 U.S.C., Chapter 123, §§ 2721-2725, allows states to turn over their entire drivers motor vehicle (DMV) database at the request of certain private entities. This case involves a class action seeking vast potential liquidated damages. For reasons stated below, we affirm the district court’s dismissal of the action and hold... More...   $0 (07-15-2010 - TX)

Michael Moss, a commercial transactions and information technology lawyer, brought this case alleging that software company BMC Software, Inc. (BMC) violated the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. (ADEA), by declining to hire him when he applied for a Staff Legal Counsel position. At that time, Moss was 68 years old. BMC instead hired a younger lawyer. In response to M... More...   $0 (07-02-2010 - TX)