Commonwealth of Pennsylvania by the City of Allentown v. The Down Low Nightclub |
Geza Frey, Sr., The Dravecz Corporation, and The Down Low Nightclub (hereinafter collectively referred to as “The Down Low”) appeal from the April 24, 2009 Final Injunction and Order of Court entered by the Court of Common Pleas of Lehigh County (trial court) which, inter alia, enjoined The Down Low from operating for a period of one year. We affirm. |
Walter Holmes v. Kimco Realty Corporation |
This diversity action requires us to predict whether the State of New Jersey would impose a common law duty on a tenant in a multi-tenant shopping center to maintain the parking lot owned by the landlord. |
STATE ex. rel. OKLAHOMA BAR ASSN. v. PATTERSON |
¶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 $0 (06-26-2001 - OK) |
Karen McBeth v. Jeffrey Himes |
These consolidated appeals arise out of an investigation by the Arapahoe County Sheriff’s Office and the Colorado Department of Human Services, Division of Child Care (“DHS”) that resulted in Karen McBeth surrendering her license to run a daycare facility in Colorado. The district court granted summary judgment in favor of DHS employees Terry Santi and Kathi Wagoner on all counts on the grou $0 (03-08-2010 - CO) |
Laboratory Corporation of America Holdings v. Metabolite 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 (03-10-2010 - MN) |
Michigan Deferred Presentment Services Association, Inc. v. Ken Ross |
This civil rights dispute brought under 42 USC 1983 concerns an administrative order issued by defendant, in his capacity as commissioner of the Office of Financial and Insurance Regulation (OFIR), that allegedly prohibited plaintiff’s members from seeking, in this state’s courts, treble damages for nonsufficient funds (NSF) checks given by their customers. In its January 14, 2009, opinion and $0 (02-18-2010 - MI) |
Leon County, Texas v. Frances Donahoe |
Frances Donahoe sued Leon County for personal injuries, asserting a premises liability claim. Leon County filed a plea to the jurisdiction and special exceptions, and Donahoe filed an amended petition. After some discovery had taken place, Leon County filed a “motion to dismiss for lack of subject-matter jurisdiction and, alternatively, for summary judgment.” The trial court denied the plea $0 (02-10-2010 - TX) |
Lashonda Rose v. Ben C. Hebert Heirs, Hebert-Green, L.L.P. |
On the night of July 5, 2002, LaShonda Rose drove a car that struck a black bull on State Highway 87. Rose and her three minor passengers, C.D., K.D., (1) and R.C., were injured in the collision. |
Wisconsin Alumni Research Foundation v. Xenon Pharmaceuticals, Inc. |
This case arises out of a complex set of contractual relationships between the Wisconsin Alumni Research Foundation, the patent-management entity for the University of Wisconsin; certain research scientists at the University; and Xenon Pharmaceuticals, a Canadian drug company. The Foundation and Xenon jointly own the patent rights to an enzyme that can lower cholesterol levels in the human body. T $0 (01-05-2010 - WI) |
Tim Giacomelli v. Scottsdale Insurance Company |
¶1 Plaintiffs Tim Giacomelli and Don Hamilton (collectively, “Jockeys”) appeal the order of the District Court for the Thirteenth Judicial District, Yellowstone County, granting summary judgment in favor of Scottsdale Insurance Company (Scottsdale). We affirm. |
Hewlett-Packard Company v. Acceleron, L.L.C. |
Hewlett-Packard Company (“HP”) sued Acceleron LLC (“Acceleron”), the owner of U.S. Patent No. 6,948,021 (“’021 patent”), in the United States District Court for the District of Delaware, seeking declaratory judgment of non-infringement and invalidity of the ’021 patent. The district court granted Acceleron’s motion to dismiss for lack of declaratory judgment jurisdiction. For the $0 (12-04-2009 - DE) |
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. |
Clinton Sellers v. Karl Robert, D.O., et al. |
In August 2008, plaintiff, Clinton Sellers, filed a negligence action against defendants Dr. Karl Rudert, Bonutti Orthopedic Services, Ltd., Mark Bonnstetter, Jennifer Tymkew, Roc Bellantoni, Mark Hutson, and Bob Spoo for his injuries sustained during a September 2006 football game. Shortly thereafter, plaintiff filed an amended complaint to correct a misspelling. In September 2008, defendants Bon $0 (12-01-2009 - IL) |
Kenneth Wardlaw v. Texas Department of Transportation |
The Texas Department of Transportation (“TxDOT”) owns and operates a low water crossing where FM 1350 crosses over the Guadalupe River (hereinafter “Government Crossing”). 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 $0 (11-25-2009 - TX) |
Iovate Health Sciences, Inc. v. Bio-Engineered Supplements & Nutrition, Inc. |
Iovate Health Sciences, Inc. (“Iovate”) and the University of Florida Research Foundation, Inc. (the “Foundation”) 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 patent”) invalid as anticipated under 35 U.S.C. § 102(b). Iovate Health Sciences, Inc $0 (11-24-2009 - TX) |
Apple, Inc. v. Psystar Corporation |
ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT |
Lawrence Crews v. City of Chester and Officer John Kuryan |
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 $0 (11-02-2009 - PA) |
Daniel P. Schrock v. Learning Curse International, inc., RC2 Brands, Inc. and HIT Entertainment |
HIT Entertainment (“HIT”) owns the copyright to the popular “Thomas & Friends” train characters, and it licensed Learning Curve International (“Learning Curve”) 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 $0 (11-05-2009 - IL) |
Stormans, Inc. v. Mary Selecky, Secretary of the Washington State Department of Health, et al. |
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 (“Board”) that require pharmacies to deliver lawfully prescribed Federal Drug Administration (“FDA”)–approved medications and prohibit discrimination against patients, on the ground that the rules violate pharmacies $0 (10-30-2009 - WA) |
Ronnie Lane v. Gilbert Construction Company, Ltd. |
In this premises liability action, a jury found for Respondent Ronnie Lane (Lane) in the amount of $75,000. The trial court then granted Lane’s motion for a new trial absolute, which ruling Gilbert now challenges on appeal. We affirm. |
William B. White v. Doris Bowman, et al. |
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. |
Wayne J. Kratzer vs. Welsh Companies, LLC |
Respondent Wayne Kratzer brought this action against his former employer, Welsh Companies, LLC (Welsh), alleging that Welsh terminated his employment in violation of Minnesota‟s whistleblower statute, Minn. Stat. § 181.932, subd. 1(a) (2008).1 The district court granted Welsh‟s summary judgment motion, but the court of appeals reversed. Kratzer v. Welsh Cos., No. A06-2284, 2008 WL 1747607, at $0 (07-30-2009 - MN) |
John H. Bayird v. William Floyd; Beverly Enterprises, Inc., Beverly Health and Rehabilitation Services, Inc; Beverly Enterprises-Arkansas, Inc. d/b/a Beverly Healthcare-Monticello; XL Insurance, Inc. and XL Insurance (Bermuda) Ltd. |
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 exhibits” that Appellant had not included in $0 (10-06-2009 - AR) |
Hale & Hale, Ltd. and Dakota J. Hale v. The Arnold and Jeanie Pettit Declaration of Trust Dated 2/1/95, Arnold and Jeanie Pettit |
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 $0 (09-15-2009 - MO) |
Cincom Systems, Inc. v. Novelis Corp. |
Novelis Corporation appeals from the order of the district court granting summary judgment to plaintiff Cincom Sysems, Inc. (“Cincom”), 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 $0 (09-25-2009 - OH) |
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