Avocent Huntsville Corp., et al. v. Aten International, Inc., Ltd. |
This appeal concerns the personal jurisdiction of a U.S. district court over a Taiwanese company in a suit for declaratory judgment of non-infringement and invalidity of two U.S. patents owned by that Taiwanese company. Because the plaintiffs failed to allege that the Taiwanese company purposefully directed any activities beyond merely sending notice letters at residents of the forum and that the $0 (12-19-2008 - AL) |
IMS Health, Inc. and Verispan, LLC v. Kelly A. Ayotte, New Hampshire Attorney General |
The spiraling cost of brand-name prescription drugs is a matter of great concern to government at every level. New Hampshire has attempted to curb this escalating problem by enacting innovative legislation. Certain affected companies have challenged New Hampshire's legislative response, and that challenge raises important constitutional questions that lie at the intersection of free speech and cyb $0 (11-28-2008 - NH) |
Charlene Carter v. City of Galveston |
Charlene Carter appeals the trial court’s dismissal order, rendered on its granting of the City of Galveston’s jurisdictional plea. Carter contends that the trial court erred in granting Galveston’s plea because a premises defect on property owned by Galveston caused Carter’s injuries, a claim from which Galveston is not immune. Carter further contends that the trial court improperly consi $0 (11-20-2008 - TX) |
American Association of Orthodontists v. Yellow Book USA, Inc. |
Plaintiff American Association of Orthodontists (AAO) sued Defendant Yellow Book USA, Inc. (Yellow Book) for unfair competition for Yellow Book's listing of general dentists as orthodontists in its “yellow pages” directories. AAO claims the listing lacks a statutorily required disclaimer that the general dentists are deficient in specialized training and certification as orthodontists. The Cir $0 (11-19-2008 - MO) |
Janice K. Terway v. Real Estate Agency |
Petitioner, a licensed real estate salesperson, seeks judicial review of a final order of the Real Estate Commissioner (the commissioner) reprimanding her for violating ORS 696.301(1) and ORS 696.805(2)(c) during her representation of a seller in a real estate transaction.(1) The commissioner concluded that two separate violations occurred when petitioner, as the selling agent, failed to disclose $0 (11-05-2008 - OR) |
Valerie Tafoya v. Jason Rael and Wilfred Rael d/b/a Rael Excavation & Co. and Thomas Tafoya, d/b/a Chuby's Construction |
{1} This appeal raises a question regarding the duty of care, if any, owed by a general contractor to an unlicensed independent contractor whom the general contractor knowingly hired to perform dangerous work for which he was neither licensed nor qualified, resulting in his death. We hold that New Mexico’s public policy favors imposing a duty to take appropriate measures so that independent $0 (11-30--0001 - NM) |
Due South, Inc. dba Southern X-posure v. Department of Alcoholic Beverage Control |
¶1 Following two incidents in 2002, the Department of Alcoholic Beverage Control (the “DABC”) found Due South, Inc. (“Due South”) liable for three statutory violations of the Alcoholic Beverage Control Act. Due South appeals. Challenging, among other issues, the definition of “intoxication” as applied to Utah Code section 32A-12-216 (2001) by the DABC Commission (the “Commission”) $0 (10-10-2008 - UT) |
Due South, Inc. dba Southern X-posure v. Department of Alcoholic Beverage Control |
¶1 Following two incidents in 2002, the Department of Alcoholic Beverage Control (the “DABC”) found Due South, Inc. (“Due South”) liable for three statutory violations of the Alcoholic Beverage Control Act. Due South appeals. Challenging, among other issues, the definition of “intoxication” as applied to Utah Code section 32A-12-216 (2001) by the DABC Commission (the “Commission”) $0 (10-10-2008 - UT) |
Floyd M. Minks v. Polaris Industries, Inc. |
This is a patent infringement case. Floyd M. Minks (“Minks”) appeals from a final judgment that Polaris Industries (“Polaris”) willfully infringed claim 2 of U.S. Patent No. 4,664,080 (“the ’080 patent”).1 After a jury trial, the district court reduced the jury’s damages award from $1,294,620.91 to $55,809.60 (after doubling) and awarded attorney fees of $117,316.50, about half the $0 (10-17-2008 - FL) |
Vineland Fireworks Co., Inc. v. Bureau of Alcohol, Tobacco, Firearms & Explosives |
Vineland Fireworks Co., Inc. (“Vineland”) appeals the decision of the Acting Director (“Director”) of the Bureau of Alcohol, Tobacco, Firearms & Explosives (“ATF”) to revoke its license to manufacture fireworks and to deny its application for the renewal of its license to import fireworks. The Director found that Vineland’s failure to keep records of its daily summary of magazine tra $0 (10-10-2008 - PA) |
Vacold, LLC, Immunotherapy, Inc. v. Anthony Cerami, Carla Cerami, VLN, LLC and Cerami Consulting Corporation |
15 Immunotherapy, Inc. and its successor in interest, Vacold LLC (together, |
M.C. Multi-Family Development, L.L.C., et al. v. Crestdale Associates, Ltd., et al. |
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 $0 (10-02-2008 - NV) |
Mary Koch v. Compucredit Corporation |
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 $0 (09-23-2008 - AR) |
OHIOANS FOR CONCEALED CARRY, INC., ET AL. v. CITY OF CLYDE ET AL. |
{¶ 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 $0 (09-18-2008 - OH) |
Broadcom Corporation v. Qualcomm Incorporated |
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 $20000000 (09-26-2008 - CA) |
Oralia Trevino v. NVG North Village Green I Association, Inc. |
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 $0 (09-25-2008 - TX) |
Dutchess Business Services, Inc. and Legend Pharmaceuticals, Inc. v. Nevada State Board of Pharmacy |
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 $0 (09-11-2008 - NV) |
Doug and Samantha Moore v. Adrienna R. Williams, et al. |
¶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 $0 (09-12-2008 - OK) |
Asset Marketing Systems, Inc. v. Kevin Gagnon, d/b/a Mister Computer |
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 $0 (09-10-2008 - CA) |
Geertson Seed Farms, et al. v. Mike John, et a. |
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 $0 (09-05-2008 - CA) |
City of Corona v. Ronald Naulls, et al. |
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. |
Gander Mountain Company v. Cabela's Inc. |
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 $0 (08-28-2008 - MN) |
Jan K. Voda, M.D. v. Cordis Corporation |
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 $0 (08-19-2008 - OK) |
Shaun O. Parker, DDS v. State of Nebraska ex rel. John Bruning, Attorney General |
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 $0 (08-14-2008 - NE) |
Chanelle Linet Alexander, et al. v. The Marion County Sheriff and The Commissioners of the Indiana Department of Administration |
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 $0 (08-13-2008 - IN) |
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