The Texas Department of Transportation (“TxDOTâ€�) owns and operates a low water crossing where FM 1350 crosses over the Guadalupe River (hereinafter “Government Crossingâ€�). Government Crossing consists of three man-made box culverts that divert water under the road, which is paved over the culverts. In the days leading up to July 3, 2004, the area experienced persistent rain that led to flo... More...   $0 (11-25-2009 - TX)

Appellants, Robert Puckett, James Julius Puckett, Jr., individually and d/b/a Puckett Ranch Properties, Merrill John Stokes, a/k/a Butch Stokes, and CBM Comfort, Inc., d/b/a Ranchbuyers Real Estate a/k/a Ranchbuyers.com ("Ranchbuyers"), challenge the trial court's judgment in favor of appellees, Quint Burris, individually and d/b/a QB Properties. (1) We affirm.

I. Background

Larkin T... More...   $0 (11-24-2009 - TX)

Iovate Health Sciences, Inc. (“Iovateâ€�) and the University of Florida Research Foundation, Inc. (the “Foundationâ€�) appeal from the summary judgment order of the United States District Court for the Eastern District of Texas holding claims 1, 2, 5, 7, 8, 9, and 18 of U.S. Patent 6,100,287 (“the ’287 patentâ€�) invalid as anticipated under 35 U.S.C. § 102(b). Iovate Health Sciences, Inc... More...   $0 (11-24-2009 - TX)

ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT

In this copyright-infringement action, plaintiff Apple, Inc. and defendant Psystar Corporation have filed cross motions for summary judgment. For the following reasons, Apple’s motion is GRANTED and Psystar’s motion is DENIED.

STATEMENT

Plaintiff Apple Inc. launched its Macintosh computer in 1984 and its Mac OS X operating system... More...   $1 (11-15-2009 - CA)

HIT Entertainment (“HITâ€�) owns the copyright to the popular “Thomas & Friendsâ€� train characters, and it licensed Learning Curve International (“Learning Curveâ€�) to make toy figures of its characters. Learning Curve in turn hired Daniel Schrock, a professional photographer, to take pictures of the toys for promotional materials. Learning Curve used Schrock’s services on a regular basi... More...   $0 (11-05-2009 - IL)

Appellants, Lawrence Crews (Crews), a minor, by his mother and natural guardian, Lynette Crews, and Lynette Crews, in her own right (Mother) appeal from an order of the Court of Common Pleas of Delaware County (trial court) which determined that Crews did not have standing to challenge the constitutionality of the City of Chester Ordinance (Ordinance), Article 711, an anti-loitering ordinance. We ... More...   $0 (11-02-2009 - PA)

We must decide whether the district court abused its discretion by preliminarily enjoining the enforcement of new rules promulgated by the Washington State Board of Pharmacy (“Boardâ€�) that require pharmacies to deliver lawfully prescribed Federal Drug Administration (“FDAâ€�)–approved medications and prohibit discrimination against patients, on the ground that the rules violate pharmaciesâ... More...   $0 (10-30-2009 - WA)

William B. White (plaintiff) appeals the judgment of the Circuit Court of Greene County dismissing his claims against defendants Douglas R. Eckhoff and Sandy L. Eckhoff (Eckhoffs) and granting summary judgment in favor of defendant Doris Bowman (Bowman). We affirm the summary judgment for Bowman. We reverse the dismissal as to Eckhoffs and remand to the trial court for further proceedings.

... More...   $0 (10-18-2009 - MO)

Appellant John H. Bayird, as administrator for the estate of his deceased mother, Mamie Elliott, appeals the order of the Drew County Circuit Court granting the motion of Appellee William Floyd to dismiss the complaint against him for failure to state facts upon which relief could be granted. Because the circuit court considered “other pleadings and exhibitsâ€� that Appellant had not included in... More...   $0 (10-06-2009 - AR)

¶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... More...   $0 (09-29-2009 - OK)

Novelis Corporation appeals from the order of the district court granting summary judgment to plaintiff Cincom Sysems, Inc. (“Cincomâ€�), on its claim of copyright infringement. See 17 U.S.C. § 501. Novelis argues that the district court erred by concluding that a series of mergers Novelis underwent as part of an internal corporate restructuring resulted in a prohibited transfer of the software... More...   $0 (09-25-2009 - OH)

AsymmetRx, Inc. (“AsymmetRxâ€�) appeals from the final judgment of the United States District Court for the District of Massachusetts granting summary judgment in favor of Biocare Medical, LLC (“Biocareâ€�). AsymmetRx, Inc. v. Biocare Med. LLC, 578 F. Supp. 2d 333 (D. Mass. 2008). Because we conclude that AsymmetRx does not have statutory standing to pursue this action absent the participation... More...   $0 (09-22-2009 - MA)

In 2006, a dispute arose between plaintiff Delois, then a tenant of defendants in a “live/workâ€� space on Harrison Street in San Francisco, and defendants. The dispute, described in more detail below, was purportedly resolved by a written agreement between the parties. But various and sundry factors led to alleged breaches of that agreement; in any event, plaintiff did not vacate the premises o... More...   $0 (09-18-2009 - CA)

Prometheus Laboratories, Inc. (“Prometheusâ€�) appeals from the final judgment of the United States District Court for the Southern District of California granting summary judgment of invalidity of U.S. Patents 6,355,623 (“the ’623 patentâ€�) and 6,680,302 (“the ’302 patentâ€�) under 35 U.S.C. § 101. Prometheus Labs., Inc. v. Mayo Collaborative Servs., No. 04-CV-1200, 2008 WL 878910 (S.... More...   $0 (09-17-2009 - CA)

This is an appeal from an order granting a motion for summary judgment in which defendants Richard Clark and Dianne Clark[1] requested that plaintiff take nothing as to all claims against them. We affirm.

In her sole issue, Isabel Crawford, individually and a/n/f Isabella Crawford, a minor, asserts that summary judgment was erroneously granted because there was evidence that premises own... More...   $0 (09-17-2009 - TX)

Mr. Arnold and Mrs. Jeanie Pettit appeal the trial court’s judgment awarding Hale & Hale Ltd. a real estate commission on the sale of the Pettit’s property and attorney fees. Hale & Hale sued Mr. and Mrs. Pettit after they refused to pay it a real estate commission on property that Mr. Pettit had listed exclusively with Hale & Hale Ltd. We affirm and remand for a determination of reasonable at... More...   $0 (09-15-2009 - MO)

Mr. Arnold and Mrs. Jeanie Pettit appeal the trial court’s judgment awarding Hale & Hale Ltd. a real estate commission on the sale of the Pettit’s property and attorney fees. Hale & Hale sued Mr. and Mrs. Pettit after they refused to pay it a real estate commission on property that Mr. Pettit had listed exclusively with Hale & Hale Ltd. We affirm and remand for a determination of reasonable at... More...   $0 (09-15-2009 - MO)

Microsoft Corporation appeals the denial of post-trial motions concerning a jury verdict that U.S. Patent No. 4,763,356 (the “Day patentâ€�) was not invalid and that Microsoft indirectly infringed the Day patent. Microsoft also appeals the $357,693,056.18 jury award to Lucent Technologies, Inc. for Microsoft’s infringement of the Day patent. Because the validity and infringement decisions were... More...   $0 (09-12-2009 - )

This is a contract case arising from the parties’ efforts to resolve a dispute over their use of similar trademarks in their respective clothing lines. To work out an acceptable business arrangement, representatives of American Eagle Outfitters (“American Eagleâ€� or “AEâ€�) and Lyle and Scott, Ltd. (“Lyle & Scottâ€� or “LSâ€�) met in London in January 2006. During this meeting, the part... More...   $0 (09-11-2009 - PA)

Plaintiffs and appellants J.L., a minor by and through his guardian ad litem D.L., appeal from a judgment entered in favor of defendant and respondent the Children‘s Institute, Inc. (CII) following a grant of summary judgment on appellant‘s complaint for negligence. Appellant was sexually assaulted by a 14-year-old while in a family day care home to which CII referred him. The trial court rule... More...   $0 (09-04-2009 - CA)

Petitioner Larry Garner, an Ohio firearms auctioneer, seeks reversal of the Bureau of Alcohol, Tobacco, Firearms, and Explosives’s (ATF) revocation of his federal firearms license (FFL). Garner filed a petition for review with the Northern District of Ohio, which granted summary judgment for respondent Marcia Lambert, the Director of Industry Operations for the ATF’s Columbus Field Division. G... More...   $0 (09-01-2009 - OH)

A jury returned a verdict in favor of plaintiff Todd W. Musburger, Ltd., a law firm, against defendant Gary Meier, awarding $68,750 in damages on count II of plaintiff’s verified complaint for services rendered under a theory of quantum meruit.1

On January 30, 2007, the trial court entered judgment on that verdict. Defendant appeals the denial of his posttrial motion and section 2-1401 pe... More...   $0 (08-31-2009 - IL)

The plaintiff, Colman M. Herman, sued the defendant, Admit One Ticket Agency LLC (Admit One), a licensed ticket reseller, alleging that it offered to sell him Red Sox tickets at prices that allegedly were unlawful under G.L. c. 140, § 185D (§ 185D), which imposes limitations on the prices ticket resellers may charge, and thus violated G.L. c. 93A, § 9 (c. 93A). At the close of Herman's case at ... More...   $0 (08-27-2009 - MA)

This case primarily involves a dispute between SCO and Novell regarding the scope of intellectual property in certain UNIX and UnixWare technology and other rights retained by Novell following the sale of part of its UNIX business to Santa Cruz, a predecessor corporate entity to SCO, in the mid-1990s. Following competing motions for summary judgment, the district court issued a detailed opinion gr... More...   $0 (08-24-2009 - UT)

This appeal arises from a jury verdict in a premises liability case in favor of Respondents Vondel and Becky Chapman. Kay Chapman (Kay) appeals, asserting that the district court erred by excluding testimony from her expert witness and refusing to give some of Kay‟s requested jury instructions. Kay also asserts that the jury‟s verdict is not supported by the evidence presented at trial. We aff... More...   $0 (08-21-2009 - ID)