PB Brands, LLC (“PB Brands”) appeals the District Court’s order denying its motion for a preliminary injunction. PB Brands sought to enjoin Patel Shah Indian Groceries (“PSIG”)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

[¶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

[¶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

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

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

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 defect” 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

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

¶1 Jack McLeod appeals from the order of the First Judicial District Court, Lewis and Clark County, granting summary judgment in favor of defendants Sue Hoell and the State of Montana on McLeod’s libel, slander, and malicious prosecution claims. We affirm.

BACKGROUND

¶2 McLeod is a certified real estate appraiser. He owns McLeod Realty in Butte, Montana, and is frequently hir

Plaintiff-Appellant Smithfork Grazing Association (“Smithsfork”) 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 (“BLM”) issued decisions modifying the terms and conditions of these permits, Smithsfork petitioned for a stay of the decisions pending an administrative a

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

By enacting the Protection of Lawful Commerce in Arms Act (“PLCAA” or “Act”), 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

A noncustodial parent, with joint legal custody of the children, seeks to obtain the mental health records of her children. The district court denied the parent’s request to require the mental health provider to release the records. We hold when a noncustodial parent makes a request and the provider raises an objection to the release of information, a court must apply the best-interest-of-the-ch

The plaintiffs, Paul Moraski and Colonial Funeral Home (Colonial), appeal from the trial court’s judgment dismissing their appeal from the decisions of the defendant, the state board of examiners of embalmers and funeral directors (board), suspending and thereafter revoking Moraski’s embalmer’s license and Colonial’s funeral home inspection certificate (certificate) and imposing a $50,000

Dream Games of Arizona (“Dream Games”) prevailed in its lawsuit against PC Onsite for copyright infringement of “Fast Action Bingo,” an electronic video bingo game, and was awarded statutory damages. We must decide whether (1) the district court properly allowed the jury to see unprotectable elements of the game without identifying the protectable elements; (2) the jury should have been al

A restaurant business licensed to sell alcoholic beverages had no legal duty to take affirmative precautionary measurers to prevent an intoxicated patron from operating a motor vehicle after the patron was served his final drink or to prevent an intoxicated patron from consuming alcoholic beverages on its premises after it knew he was intoxicated, and the licensed business thus could not be held l

The plaintiffs are four taxicab companies and the five individuals who own those companies. All four companies operate in the City of Cleveland (the "City"). In this action, the plaintiffs challenge a determination by the City to award to other cab companies the exclusive right to use the outbound queue at the Cleveland Hopkins International Airport ("Hopkins"). The district court granted a prelim

This case requires the court to decide whether federal law preempts an order of the Arkansas State Highway Commission (Commission) forcing Burlington Northern Sante Fe Railway Company (BNSF) to reopen a private “at-grade” railroad crossing.1 We hold that the Interstate Commerce Commission Termination Act of 1995 (ICCTA) preempts the Commission’s jurisdiction in this instance; therefore, we v

This is an appeal from the granting of a summary judgment in favor of the defendant in litigation arising out of a contract dispute. Because appellee, Thomas A. Moorehead, Inc. d/b/a/ BMW of Sterling, failed to meet its summary judgment burden, we reverse and remand to the trial court for further proceedings in accordance with this opinion.



Factual and procedural background

Plaintiff, the West Virginia Association of Club Owners and Fraternal Services, Inc., brought this suit on behalf of its members which include certain clubs, restaurants, convenience stores, and fraternal organizations with alcohol licenses who are also state-licensed limited video lottery retailers. Plaintiff sought invalidation of West Virginia’s restrictions on limited video lottery advertisi

Plaintiff, the West Virginia Association of Club Owners and Fraternal Services, Inc., brought this suit on behalf of its members which include certain clubs, restaurants, convenience stores, and fraternal organizations with alcohol licenses who are also state-licensed limited video lottery retailers. Plaintiff sought invalidation of West Virginia’s restrictions on limited video lottery advertisi

Defendants 239 Broad Avenue, L.L.C. (Broad), 12 Brinkerhoff, L.L.C. (Brinkerhoff), Golden Eagle Diner, Inc. (Golden Eagle), and Golden G, Inc. (Golden G) appeal from a judgment entered by the Chancery Division on March 9, 2007. Plaintiff Nicholas Kalogeras and intervenors Myinho Hahn (Hahn) and Golden Eagle Management, L.L.C. (GEM) cross-appeal from the judgment. For the reasons that follo

Appellant Melinda Birke (Birke), through her father and guardian ad litem John Birke, filed suit against Oakwood Worldwide (Oakwood) alleging a nuisance cause of action arising out of the failure of Oakwood to limit secondhand smoke in the outdoor common areas of the residential apartment complex where the Birke family resided. The trial court sustained Oakwood’s demurrer to the first amended co

This is an appeal from an order granting a plea to the jurisdiction in favor of appellees, Cameron County and Cameron County Irrigation District No. 2 ("the County"). By three issues, appellants, Maria Rodriguez, individually and as representative of the estate of Saul Villafranco, and Ramiro Rios, individually and as representative of the estate of Eliseo Rios ("collectively Rodriguez") raise th

In this appeal from the Circuit Court of Monongalia County, we are asked to review an order granting summary judgment in an action seeking to reform a deed and seeking monetary damages.

As set forth below, we affirm the circuit court's summary judgment order.

I.

On August 29, 2003, appellee Terra Firma Company was incorporated by coal company Consol En

In this appeal, we address whether the required evidentiary standard for administratively revoking emission-inspector and emission-station licenses is by clear and convincing evidence or preponderance of the evidence. We conclude that the standard is preponderance of the evidence. In light of our conclusion, we further conclude that there was substantial evidence in this matter to revoke appella