In this case, we primarily consider whether intangible property, in particular a contractor’s license, can be the subject of a claim in tort for conversion. In doing so, we adopt the California definition of “property rights” and the Restatement (Second) of Torts rule defining conversion of “intangible personal property,” and expressly reject the notion that personal property must be ta... More...   $0 (10-02-2008 - NV)

Qualcomm Incorporated (“Qualcomm”) appeals from a jury’s determination that Qualcomm infringed U.S. Patents No. 6,847,686 (“the ’686 patent”), No. 5,657,317 (“the ’317 patent”), and No. 6,389,010 (“the ’010 patent”), owned by Broadcom Corporation (“Broadcom”). Qualcomm also appeals from the district court’s issuance of a permanent injunction against Qualcomm. Because ... More...   $20000000 (09-26-2008 - CA)

In this premises liability suit, appellant, Oralia Trevino, challenges a summary judgment in favor of appellee, NVG North Village Green I Association, Inc. (ANVG@).[1] On appeal, Trevino contends the trial court erred by (1) granting NVG's no-evidence motion for summary judgment, and (2) denying Trevino's motion for spoliation sanctions. All dispositive issues are clearly settled in law. Accord... More...   $0 (09-25-2008 - TX)

Mary Koch filed suit on behalf of herself and a putative class, alleging that Compucredit Corp., Jefferson Capital Systems, LLC, and the J.A. Cambece Law Office, P.C., violated the Fair Debt Collection Practices Act (FDCPA) and the Arkansas Deceptive Trade Practices Act (ADTPA) by attempting to collect on a debt that Koch already had paid. The defendants, purported assignees of the original credit... More...   $0 (09-23-2008 - AR)

{¶ 1} The issue presented in this case concerns whether Clyde Ordinance 2004-41, which prohibits licensed handgun owners from carrying concealed handguns in Clyde city parks, is a valid exercise of the municipality’s home-rule power according to Section 3, Article XVIII, of the Ohio Constitution. Because the ordinance is an exercise of the municipality’s police power that conflicts with a gen... More...   $0 (09-18-2008 - OH)

¶1 Plaintiffs/Appellants Doug and Samantha Moore (Buyers) bought a home in Rogers County from Defendants John and Nancy Goggins (Sellers) in March 2004. Defendant/Appellee Adrienna Williams (Real Estate Agent) was Sellers' real estate agent and Defendant/Appellee OklaHomes Realty was the real estate broker for Williams (collectively "Realtors"). The law with respect to pre-sale disclosure forms w... More...   $0 (09-12-2008 - OK)

On May 29, 2008, this court issued an opinion in this matter affirming in part and reversing in part the district court’s order and remanding with instructions. Subsequently, appellants filed a petition for rehearing of that decision. On July 17, 2008, this court withdrew the prior opinion pending resolution of the petition for rehearing. After reviewing the rehearing petition, as well as the... More...   $0 (09-11-2008 - NV)

Kevin Gagnon, doing business as Mister Computer (Gagnon), appeals from a grant of summary judgment in favor of Asset Marketing Systems, Inc. (AMS). Gagnon contends that AMS infringed his copyright in six computer programs that he wrote for AMS by continuing to use and modify them without his consent, and that AMS misappropriated trade secrets contained in the programs’ source code. Gagnon also c... More...   $0 (09-10-2008 - CA)

The Monsanto Company (“Monsanto”) 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 (“APHIS”), approved the genetically modified alfalfa in 2... More...   $0 (09-05-2008 - CA)

The trial court issued a preliminary injunction preventing Ronald Naulls and his business enterprise, Healing Nations Collective (HNC), a medical marijuana dispensary operating within the City of Corona (the City), from conducting any further operations.

The court found that, because HNC was “operating as a non-permitted, non-conforming use,” its operation “constitutes a nuisance pe... More...   $0 (08-29-2008 - CA)

This case arose from a contract dispute involving a 1996 transaction between Gander Mountain Co.1 and Cabela’s, Inc. Gander Mountain filed suit against Cabela’s seeking a declaration that a particular provision of the agreement, the Contingent Trademark License provision (“CTL”), was unenforceable. Cabela’s counterclaimed, seeking a declaration that the provision was enforceable and requ... More...   $0 (08-28-2008 - MN)

This is a patent infringement case involving catheters used in interventional cardiology. The issues on appeal and cross-appeal include claim construction, patent validity, infringement, willfulness, and the district court’s denial of a permanent injunction. Because we find no reversible error in the decision below with respect to the issues of claim construction, patent validity, and the denial... More...   $0 (08-19-2008 - OK)

Shaun O. Parker, D.D.S., appeals the State’s disciplinary action. In November 2006, the director of the Department of Health and Human Services Regulation and Licensure (the Department) revoked Parker’s license to practice dentistry. Parker sought review by the district court. The court affirmed the order revoking his license. On appeal, Parker argues that the State denied him procedural due p... More...   $0 (08-14-2008 - NE)

Chanelle Linet Alexander, et al. (the Class) are persons (i.e., family members, friends, and attorneys) who have been charged and/or have paid for collect telephone calls from inmates of the Marion County jail and those incarcerated in Indiana Department of Correction (IDOC) facilities. This case was first brought to this court following the trial court’s dismissal of the Class’s complaint for... More...   $0 (08-13-2008 - IN)

Janet Speciale was an employee of the Health Care Service Corporation (“HCSC”) for a little over two years when she applied for long-term disability benefits under Blue Cross and Blue Shield Association’s (“Blue Cross”) Non-Contributory National Long Term Disability Program (“the Program”). Speciale suffered from fibromyalgia since 1986, but in 2001 claimed an exacerbation of her sym... More...   $0 (08-12-2008 - IL)

Richard Campfield is both an owner of an auto-glass repair shop and the holder of fourteen patents for processes to repair or prevent windshield cracks. He believes, contrary to industry practice, that it is feasible—indeed, safer—to repair many windshield cracks between six and eighteen inches long rather than to replace the windshield. In 2003, apparently exasperated with his lack of success... More...   $0 (08-08-2008 - CO)

This case came before the Supreme Court on March 10, 2008, on appeal by the plaintiff, Elizabeth Willis, individually, and as mother and natural guardian of Brianna Mari Serapiglia (plaintiff),1 from a Superior Court judgment in favor of the defendants, Maurice Omar (Maurice) and Barbara Omar (Barbara and collectively defendants or Omars). The plaintiff has appealed to this Court, arguing that the... More...   $0 (07-22-2008 - RI)

Richard Campfield is both an owner of an auto-glass repair shop and the holder of fourteen patents for processes to repair or prevent windshield cracks. He believes, contrary to industry practice, that it is feasible—indeed, safer—to repair many windshield cracks between six and eighteen inches long rather than to replace the windshield. In 2003, apparently exasperated with his lack of success... More...   $0 (07-20-2008 - )

Plaintiffs Boom Town Saloon, Inc., and Eugene Perry, Boom Town's president, appeal the order of the circuit court of Cook County affirming the decision of the Local Liquor Control Commissioner (LLCC). The LLCC revoked Boom Town's liquor license for allegedly committing acts of gambling. On appeal, plaintiffs claim that the LLCC’s findings of gambling were against the manifest weight of the evide... More...   $0 (07-14-2008 - IL)

In this case, two companies with similar names find themselves in the midst of a trademark dispute. Over the course of several years, Sure Foot Corp. has repeatedly accused Surefoot LC, of infringing on its trademark, occasionally threatened litigation if Surefoot LC failed to change its name, and filed five administrative petitions opposing Surefoot LC’s attempts to obtain trademark registratio... More...   $0 (07-14-2008 - UT)

The parties in this case disagree over the scope of copyright protection in a book about sales techniques authored by the late Leslie Achilles “Les” Dane. Peter Letterese & Associates, Inc. (“PL&A”), the exclusive licensee of the copyright in Dane’s book, claims that three entities affiliated with the Church of Scientology have been infringing its copyright by incorporating portions of t... More...   $0 (07-08-2008 - FL)

The defendants, Frank Colaccino, the Colvest Group, Ltd., and Colvest/North Haven, LLC,1 and the plaintiff, Location Realty, Inc., appeal and cross appeal, respectively, from the judgment of the trial court, after a bench trial, awarding the plaintiff, Location Realty, Inc., certain real estate commissions on the basis of unjust enrichment. In their appeal, the defendants claim that the trial cour... More...   $0 (07-08-2008 - CT)

1 The dispositive issue before us is whether the trial court erroneously granted summary judgment to the defendants in this premises liability action. We answer in the negative. We find the evidence provides undisputed proof of the open and obvious condition of the premises, supporting but a single inference that favors nonliability of the defendants based on absence of duty to the plaintiffs. We ... More...   $0 (05-13-2008 - OK)

Gary K. Wolf, author of the novel Who Censored Roger Rabbit?, and his company Cry Wolf!, Inc. (collectively Cry Wolf) appeal from the judgment entered after a jury awarded only limited damages in their breach of contract action alleging Walt Disney Pictures and Television (Disney) had failed to fully compensate Cry Wolf for its exploitation of the cartoon characters depicted in Wolf's novel. C... More...   $0 (05-10-2008 - CA)

The primary question in this case is whether a realtor who represented the lessee in a complex commercial lease transaction had a duty to inform the lessor, after the lease was signed but before the lessee took possession, that the lessee's ability to perform the conditions of the lease was jeopardized by its deteriorating financial condition. The trial court held that the lessor had failed to... More...   $0 (05-02-2008 - CA)