Jordan J. Jobe v. State ex rel. Department of Public Safety |
¶1 The dispositive issue on certiorari is whether the Court of Civil Appeals erred when it affirmed the district court's order that reduced a driver's license revocation period from three years to a single year. We answer in the affirmative. |
State ex rel. Oklahoma Bar Association v. Jeffrey Allen Martin |
¶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 public reprimand an appropriate disciplinary sanction for respondent's breach of professional ethics? We answer both questions in the affirmativ $0 (11-30--0001 - OK) |
Duval Wiedmann, L.L.C. v. Inforocket.com, Inc. |
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. |
Timothy S. Vernor v. Autodesk, Inc. |
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 $0 (09-10-2010 - WA) |
John Bauer v. Douglas Aquatics, Inc. |
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 $0 (09-14-2010 - NC) |
Hugh B. McKeen v. United States Forest Service |
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 $0 (08-02-2010 - NM) |
Imaginary Images d/b/a Paper Moon v. Pamela O'Berry Evans |
Plaintiffs are three nightclubs where women give erotic |
Emanuel Papadopoulos v. Target Corporation |
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 $0 (07-26-2010 - MA) |
Dechert, L.L.P. v. Commonwealth of Pennsylvania |
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, $0 (07-21-2010 - PA) |
Imaginary Images v. Pamela O'Berry Evans |
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 $0 (07-21-2010 - VA) |
Sharon Taylor v. Acxiom Corporation |
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 $0 (07-15-2010 - TX) |
Santa's Best Craft, LLC v. St. Paul Fire and Marine Insurance Company |
This is an insurance case about twinkling Christmas lights. JLJ, Inc. and its licensee Inliten, LLC (collectively JLJ) sued Santa’s Best Craft, LLC (SBC) over its marketing of “Stay-On” lights. The present case is about an insurer’s duties to SBC and others in that underlying action. |
Michael Moss v. BMC Software, Inc. |
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 $0 (07-02-2010 - TX) |
Juan Rivera v. Club Caravan |
In the early morning hours of January 28, 2001, a drunk driver slammed into a State police cruiser that was parked in the breakdown lane of Route 24. As a result, Trooper Gerald Shea and Juan Rivera, a stranded motorist that Trooper Shea had stopped to assist, were severely injured. They brought negligence claims against the driver and various entities and individuals that owned or operated the ba $0 (06-11-2010 - MA) |
M.M. and Thomas Moore v. Fargo Public School District No. 1 and Eugenia Hart |
[¶1] M.M. and Thomas Moore appeal from a judgment dismissing their personal injury action against Fargo Public School District No. 1 ("District") and Eugenia Hart. We conclude the district court erred in ruling the recreational use immunity statutes, N.D.C.C. ch. 53-08, barred this personal injury action against the District. We reverse and remand for a new trial. |
Allstate Insurance Company v. Stephen Palumbo, et al. |
The issue in this certified appeal is whether the Appellate Court properly affirmed the judgment of the trial court concluding that the plaintiff, Allstate Insurance Company, could hold the named defendant, Stephen Palumbo (defendant),1 liable under the doctrine of equitable subrogation to recover damages the plaintiff had paid under a homeowner’s insurance policy issued to its insured, the defe $0 (05-18-2010 - CT) |
Gina Mendoza v. Tamaya Enterprises, Inc. |
{1} Gina Mendoza and Michael Hart (Plaintiffs), as personal representatives of Michael and Desiree Mendoza, brought a wrongful death action against Tamaya Enterprises, Inc. (Tamaya) in the Bernalillo County District Court. The complaint alleged that Tamaya sold alcohol to Michael and Desiree Mendoza at a social function despite their intoxication and, as a result of Tamaya’s negligence, they wer $0 (05-31-2010 - NM) |
Alicia Dianne West v. SMG |
Appellant, Alicia D. West, sued SMG and six other defendants for negligence, gross negligence, and negligence per se after she was injured at a concert at Reliant Arena. The trial court granted SMG’s no-evidence motion for summary judgment. West appeals, arguing that (1) SMG owed her a duty of protection against the harmful acts of a third party because it operated a venue for a public event a $0 (05-28-2010 - TX) |
Alan Ladd, Jr., et al. v. Warner Bros. Entertainment, Inc. |
Defendant and appellant Warner Bros. Entertainment Inc. (Warner) appeals a judgment on a jury verdict awarding plaintiffs and appellants Alan Ladd, Jr. (Ladd), Jay Kanter, L-K Producers Corporation, Ketram Corporation and Kanter Corporation (collectively, Ladd) $3,190,625 in damages. Warner also appeals the trial court‟s orders denying its four motions for judgment notwithstanding the verdict (J $0 (05-25-2010 - CA) |
Eagle Air Med Corporation v. James B. Martin |
Eagle Air Med Corporation (“Eagle”) and Scenic Aviation, Inc. appeal a district court order dismissing their case as moot. Eagle initiated this action after the Colorado Department of Public Health and Environment (“CDPHE” or the “Department”) began an investigation jeopardizing Eagle’s air ambulance license. The Department dropped that investigation when a non-party, the Commission $0 (05-13-2010 - CO) |
La Quinta Corporation; Baymont Franchising, LLC v. Heartland Properties, LLC; David W. Adams; Betty L. Adams |
In this action alleging breach of a hotel franchise agreement and federal trademark infringement, defendants Heartland Properties LLC, David W. Adams, and Betty L. Adams appeal the district court’s denial of discovery-related motions, grant of summary judgment in favor of plaintiffs La Quinta Corporation and Baymont Franchising LLC, and the award of liquidated and treble damages to Baymont. We a $0 (04-28-2010 - KY) |
Rocky Mountain Rogues, Inc. d/b/a Bull Moose Saloon v. Alpine, Wyoming, et al. |
Rocky Mountain Rogues, Inc., doing business as Bull Moose Saloon, and its principals (together, the Bull Moose), brought a 42 U.S.C. § 1983 suit against the Town of Alpine and a number of its officials involved in a dispute over its liquor license and the issuance of a building permit to expand its business. The Bull Moose claimed the Alpine Defendants violated its rights by (1) depriving it of d $0 (04-19-2010 - WY) |
Laboratory Corp. of America Holdings v. Metabloite Laboratories, Inc. |
Metabolite appeals from the United States District Court for the District of Colorado’s grant of summary judgment. See Lab. Corp. of Am. Holdings v. Metabolite Labs., Inc., 571 F. Supp. 2d 1199 (D. Colo. 2008). The district court granted LabCorp’s motion for summary judgment on its complaint for declaratory judgment that it did not breach a license agreement for failure to pay know-how royalti $0 (03-25-2010 - ) |
Pinnacle Pizza Company v. Little Caesar Enterprises |
Pinnacle Pizza Company, Inc. ("Pinnacle"), a franchisee, brought suit against Little Caesar Enterprises, Inc. (LCE), the franchisor, alleging, inter alia, breach of the corporation's franchise agreement and violation of the South Dakota Franchise Act (SDFA). Pinnacle also sought to cancel LCE's federal trademark for the phrase "Hot- N-Ready." LCE counterclaimed, alleging breach of the franchise ag $0 (03-22-2010 - SD) |
Golden and Zimmerman, LLC v. Edgar A. Domenech |
Golden and Zimmerman, LLC, a Virginia licensee under the Gun Control Act, 18 U.S.C. § 921 et seq., and Robert W. Privott, a North Carolina licensee under the Act, seek judicial review of the "Federal Firearms Regulations Reference Guide 2005," which is published by the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") to provide "information designed to help [licensees] comply with all $0 (03-23-2010 - VA) |
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