This is a classic case of jumping the gun. The City of Oakland brought suit against ten Internet travel companies, claiming that they failed to calculate and remit occupancy taxes in violation of the Transient Occupancy Tax Ordinance. The difficulty is that Oakland never assessed or imposed the tax; instead, the City filed suit in federal court for, among other things, collection of the taxes. The... More...   $0 (08-20-2009 - CA)

A licensed contractor was cited for six violations of state contractor law and ordered to pay civil penalties and compensation to the injured homeowner. He challenged the citation, which was upheld by the Registrar of Contractors after an administrative hearing at which the violations were found true by a preponderance of the evidence. The contractor argues the standard of proof should have been c... More...   $0 (08-18-2009 - CA)

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.

FACTS

Appellant Gilbert Construction Company LTD (Gilbert) entered into an agreement to renovate McLeod Regional Medical Center (Hospital). The r... More...   $0 (08-17-2009 - SC)

The Content Scramble System (CSS) is the standard technology used to prevent unauthorized copying of movies and other copyrighted content stored on DVDs. Defendant Kaleidescape, Inc. (Kaleidescape), licensed CSS from plaintiff DVD Copy Control Association, Inc. (DVDCCA), in order to develop a home entertainment system for viewing movies distributed on DVD.1 The system Kaleidescape developed is cap... More...   $0 (08-16-2009 - CA)

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... More...   $0 (07-30-2009 - MN)

The trial court granted summary judgment for Appellee Dallas/Fort Worth International Airport Board, a Political Subdivision of the City of Dallas and the City of Fort Worth (ADFW@) (Appellee claims that it is actually a unit of local government, not a subdivision) on the premises liability action brought by Appellant Lottie Hunnicutt. In two issues, Hunnicutt argues that she was an invitee while... More...   $0 (07-30-2009 - TX)

Homeowners sued a building contractor, supplier, surety, and individuals involved in the construction of their retirement home for breach of contract, negligence, fraud, and violations of California‟s licensure requirements. The trial court allowed certain theories against the building contractor to go to the jury but granted nonsuit and directed verdicts on the rest. The jury then found against... More...   $0 (07-29-2009 - CA)

In 2006, the City of Minneapolis (the “Cityâ€�) amended its taxicab ordinance to uncap the number of transferable taxicab licenses it issues, thereby opening a previously restricted market. The Minneapolis Taxi Owners Coalition (the “Coalitionâ€�), a group comprising holders of approximately seventy-five transferable taxicab licenses, sued the City, asserting federal and state constitutional v... More...   $0 (07-14-2009 - MN)

Monroe S. Harris appeals from a judgment of the United
22 States District Court for the Southern District of New York
23 (Victor Marrero, Judge). Harris was formerly licensed by the
24 state of New York as a doctor of osteopathic medicine; his
25 medical license was revoked because he was found to have
26 committed fraud and engaged in improper medical practices. At
27 issu... More...   $0 (07-09-2009 - NY)

¶1 Appellant, Victor Carbajal appealed from the trial court's order dismissing his action under the Residential Property Condition Disclosure Act, 60 O.S. 2001 §831 et seq., against Appellees Baham Safary, an Oklahoma real estate licensee, and Prestigious Properties, Inc., a company solely owned by Safary. Safary was retained by Carbajal to assist with the purchase of a home from Dennis and Yvon... More...   $0 (07-07-2009 - OK)

¶1 The dispositive issue tendered on certiorari is whether summary judgment was erroneously given to the defendant realtors and sellers. We answer this question in the affirmative. A buyer of real property may rely upon the positive representations of realtors and sellers about the size of the property to be conveyed. When a realtor or seller of real property makes material representations to a pu... More...   $0 (06-30-2009 - OK)

¶1 The dispositive issue tendered on certiorari is whether summary judgment was erroneously given to the defendant realtors and sellers. We answer this question in the affirmative. A buyer of real property may rely upon the positive representations of realtors and sellers about the size of the property to be conveyed. When a realtor or seller of real property makes material representations to a p... More...   $0 (06-30-2009 - OK)

The Monsanto Company (“Monsantoâ€�) is a large-scale manufacturer of chemical products, including herbicides and pesticides. In the 1990s it began developing a variety of alfalfa that would be resistant to one of its leading herbicides. The United States Department of Agriculture, through the Animal and Plant Health Inspection Service (“APHISâ€�), approved the genetically modified alfalfa in 2... More...   $0 (06-28-2009 - ca)

In 2002, the City of Seattle promulgated a set of rules governing the conduct of visitors to one of its major attractions, an 80-acre public park and entertainment complex known as the Seattle Center. The new rules regulated for the first time the behavior of the Center’s street performers. We consider today the constitutional validity of some of those rules.

Among other provisions, the n... More...   $0 (06-24-2009 - WA)

PB Brands, LLC (“PB Brandsâ€�) appeals the District Court’s order denying its motion for a preliminary injunction. PB Brands sought to enjoin Patel Shah Indian Groceries (“PSIGâ€�)1 from using the name Patel, or any similar name, in commerce. The District Court held that PB Brands failed to establish that a likelihood of confusion existed between PB Brands’ service marks and PSIG’s busin... More...   $0 (06-10-2009 - NJ)

In this design patent case, in which the patentee sought a preliminary injunction, we first clarify the requirements for such an injunction. We then determine, in light of that clarification and the evidence before the trial court, whether that court was correct in denying the sought-for relief. Because we conclude that under the applicable legal standard the trial court did not abuse its discreti... More...   $0 (06-03-2009 - IA)

Plaintiffs, Vernon Nelson (Vernon) and John Q. Nelson (John), special administrators of the estate of Eva Nelson (Eva), deceased, appeal from an order of the circuit court of Kane County granting summary judgment in favor of defendant, Aurora Equipment Company (Aurora). This is a case of first impression in Illinois in which plaintiffs ask us to extend a duty in a premises liability case to a pers... More...   $0 (05-29-2009 - IL)

We grant petitioner’s motion for rehearing, withdraw our per curiam opinion issued December 5, 2008, and substitute the following in its place.

In this case, we decide whether loose gravel on a road is a “special defectâ€� under Texas Civil Practices and Remedies Code section 101.022(b). We hold that loose gravel is not a special defect as a matter of law, and therefore, re... More...   $0 (05-22-2009 - )

Appellee Louis Silverman, M.D., sued the City of Austin, appellant, under the Texas Tort Claims Act ("the Act"), see Tex. Civ. Prac. & Rem. Code Ann. §§ 101.001-.109 (West 2005 & Supp. 2008), alleging that he was injured in a fall on a downtown sidewalk. Silverman asserted a premises-defect claim and stated that the City's immunity from suit was waived under the Act. (1) See id. § 101.022 (Wes... More...   $0 (05-21-2009 - TX)

[¶1.] Dakota Industries, Inc. sued Cabela’s.com, Inc., alleging that Cabela’s unlawfully used Dakota Industries’ state registered trademark. Cabela’s moved for summary judgment, arguing that Dakota Industries abandoned the trademark through non-use. The circuit court granted Cabela’s motion, and Dakota Industries appeals. We affirm.

Facts and Procedural History

[¶2.] Dako... More...   $0 (05-20-2009 - SD)

[¶1.] An underage employee, who had unlimited access to his employer’s alcoholic beverages, drank to intoxication while at work. After his shift ended, the employee drove his vehicle off the premises and struck the plaintiff, who was a passenger on a motorcycle. She brought suit against the employee and the employer. As to the employer, the plaintiff alleged negligence per se, based on a violat... More...   $0 (05-20-2009 - SD)

In this case, the same patent, U.S. Patent No. 4,935,507 (the ’507 patent), occasions litigation in both the United States District Court for the Eastern District of Virginia and the United States District Court for the Northern District of Illinois. The Virginia District Court granted the motion of Lupin Ltd. and Lupin Pharmaceuticals Inc. (collectively Lupin) for summary judgment of noninfring... More...   $0 (05-18-2009 - VA)

By enacting the Protection of Lawful Commerce in Arms Act (“PLCAAâ€� or “Actâ€�), 15 U.S.C. §§ 7901-7903, Pub. L. No. 109-92, 119 Stat. 2095 (2005), Congress has protected federally licensed manufacturers and sellers of firearms from most civil liability for injuries independently and intentionally inflicted by criminals who use their non-defective products. Under the terms of the PLCAA, the... More...   $0 (05-12-2009 - CA)

Plaintiff-Appellant Smithfork Grazing Association (“Smithsforkâ€�) is an association of ranchers who hold federal grazing permits entitling them to run livestock on an allotment in southwestern Wyoming. After the Bureau of Land Management (“BLMâ€�) issued decisions modifying the terms and conditions of these permits, Smithsfork petitioned for a stay of the decisions pending an administrative a... More...   $0 (05-05-2009 - WY)

Fourteen-year-old Erika Manuel climbed a transmission tower owned by Pacific Gas & Electric Company (PG&E). Tragically, she came in contact with a live transformer and was electrocuted, suffering serious injuries. She died eleven days later. Erika’s parents sued PG&E, which ultimately obtained summary judgment based on the immunity provided by Civil Code section 846. We affirm.

BACKGROUND... More...   $0 (05-05-2009 - CA)