On May 24 or 25, 2004, Oleg Rivkin, a New Jersey resi... More...   $0 (04-26-2008 - NY)

Mitch Nocula is the sole shareholder of two corporations: Tooling Systems International Corp. ("TSI"), an Illinois company that takes orders for the manufacture of tools and dies, and P.Z. Alucon Sp. z o.o. ("Alucon"), a Polish corporation that is one of TSI's primary subcontractors for the manufacture of the tools and dies. Nocula and TSI claim that UGS Corporation ("UGS"), a Texas-based D... More...   $0 (03-27-2008 - IL)

ImagePoint, Inc. ("ImagePoint") and Marketing Displays, Inc. ("MDI") appeal from a final decision of the United States District Court for the Eastern District of Kentucky (Bertelsman, J.), LSI Indus., Inc. v. ImagePoint, Inc., No. 00-CV-197 (E.D. Ky. Mar. 21, 2007) ("Summary Judgment Order"). That order granted summary judgment of non-infringement to LSI Industries, Inc. ("LSI") and Keyser Industr... More...   $0 (03-19-2008 - KY)

Below, Franchisor Choice Hotels International (Franchisor) sought to confirm a $264,305.02 arbitration award (the Arbitration Award) obtained by default against S.M. Property Management, L.L.C., Say- Hai Cun, and his wife May Duong Cun (collectively Franchisees). In response, Franchisees moved to vacate the arbitration award for lack of notice. The district court declined to confirm the arbit... More...   $0 (02-29-2008 - MD)

This case concerns the national expansion of Japonais, a popular Chicago restaurant located in the River North restaurant district. Japonais founder, Jonathan Segal, appeals from an order dismissing his complaint against Geisha NYC LLC ("Geisha NYC"), and others. Segal's sole federal claim - a derivative claim he asserts on behalf of Geisha LLC ("Geisha Chicago") and OSSS Hospitality LLC ("... More...   $0 (02-27-2008 - IL)

The Winterses rented a residence with a fenced backyard to Mario Martinez in October 2002. Martinez moved into the residence with his family, a white dog, and a brown dog. Near the residence rented to Martinez, Carolyn and William Boots lived with their sons Jason and Landon, who were nine and eleven years old respectively. While Jason and Landon were walking to their school bus stop in the alley... More...   $0 (02-22-2008 - ID)

The rele... More...   $0 (02-19-2008 - CT)

1 In 2003, James Pearce suffered a back injury while riding a bobsled at the Utah Winter Sports Park in Park City, Utah. Pearce brought ordinary negligence and gross negligence claims against the Utah Athletic Foundation ("UAF"), which owns and operates the bobsled track. The district court granted summary judgment to UAF on the ordinary negligence claim because Pearce, prior to riding the b... More...   $0 (02-12-2008 - UT)

1 Deborah S. Golob, a physician licensed by the State of Arizona, appeals the superior court's judgment upholding a Decree of Censure and other sanctions imposed on her by the Arizona Medi-cal Board (the "Board"). The Board acted after finding that Dr. Golob had issued prescriptions over the internet without conducting a physical examination of the individual for whom the medicine was authorized ... More...   $0 (02-05-2008 - AZ)

0 While receiving treatment at a hospital, Georgette Gomes (patient) stopped breathing. The appellees, Dr. Akhtar Hameed, and Dr. Jennifer L. Miles Holter, responded to a code blue. The patient was resuscitated, suffered permanent brain damage, and eventually died. Thereafter, her guardian ad litem sued the hospital for negligence. The doctors allege that the attorney for the guardian ad lite... More...   $0 (01-25-2008 - OK)

¶1 The determinative issues are whether: 1) statutory immunity pursuant to the Good Samaritan Act, 76 O.S. 2001 §5 et seq., precludes recovery against a doctor who attempted to provide care to an emergency room patient with whom he had no contractual relationship; and 2) an agreement not to sue negotiated on behalf of a minor and/or incapacitated person requires court approval to be enforceable.... More...   $0 (01-22-2008 - OK)

In two contracts, one in 1993 and the other in 1997, Allan Block licensed County Materials to manufacture Allan Block's patented concrete blocks. The contracts forbade County Materials to manufacture competing concrete blocks (with certain exceptions) for as long as the contract was in effect and for 18 months after it was terminated. But when the licenses were terminated (both at the sa... More...   $0 (01-17-2008 - WI)

Terry and Loretta Brennan appeal a decision of the Garland County Circuit Court dismissing their complaint with prejudice. They assert that the circuit court erred in finding that they failed to serve appellee Layne Wadlow in compliance with Ark. R. Civ. P. 4 when they served his father at his father's place of business. More specifically, the Brennans allege that service was effective be... More...   $0 (01-10-2008 - AR)

Weyerhaeuser is the record owner of 300 acres known as Sherrill Farm in McCurtain County, Oklahoma. This appeal arises from Weyerhaeuser's suit to remove Carl Brantley and his livestock from Sherrill Farm. As an affirmative defense to Weyerhaeuser's suit, Brantley sought ownership of Sherrill Farm through adverse possession or, in the alternative, a prescriptive grazing easement on the e... More...   $0 (12-31-2007 - OK)

This secondary appeal by Appellant-Appellee/ Cross-Appellee E & J Lounge Operating Company, Inc. (E&J) from the denial of a liquor dispenser general license (liquor license) raises two issues: (1) whether Appellee-Appellant/Cross-Appellee Liquor Commission of the City and County of Honolulu (the Commission) was required to hold a "contested case" hearing in accordance with Hawaii Revised Stat... More...   $0 (12-29-2007 - HI)

Defendants Torrance Care Center West, Inc., dba Torrance Care Center West (hereafter "TCC") and William Nelson appeal from the trial court's denial of their petition to compel arbitration of the claims made by plaintiffs Earl Swayne, et al. We conclude that the arbitration agreements at issue are unenforceable, because they fail to contain a properly displayed disclosure stating that cons... More...   $0 (11-30-2007 - CA)

General Universal Systems, Inc. ("GUS") originally sued HAL, Inc. ("HAL"), Joseph Herrin, and Ernest Allen Parkin ("HAL Defendants") for numerous state and federal claims for stealing proprietary software. GUS also sued a number of companies ("Customer Defendants") to which HAL licensed the software program. We previously ruled on this case in General Universal Systems v. Lee, 379 F.3d 131... More...   $0 (09-25-2007 - TX)

... More...   $0 (09-24-2007 - PA)

This Premises Liability Act, § 13-21-115, C.R.S. 2007 (the Act), case arises from a collision between a train and a car at a grade crossing. Defendants, Union Pacific Railroad Company (Union Pacific) and Dannie Dolan, the engineer, appeal the judgment entered on a jury verdict in favor of plaintiffs, David and Rebecca Martin, parents and next friends of Maureen Martin (Martin), the driver... More...   $11800000 (09-21-2007 - CO)

Plaintiff-Appellee Dollar Rent A Car Systems ("Dollar"), an Oklahoma corporation, sued Defendant-Appellant PRP Enterprises, Inc., a Florida corporation, and PRT Enterprises, Inc., a Virginia corporation, ("Franchisees") for declaratory judgment that Dollar was entitled to terminate its relationship with Franchisees and breach of contract arising from Franchisees' failure to make payments as re... More...   $0 (08-04-2007 - OK)

On May 4, 2002, Krystle Rogers was killed and her passengers--James Brad Dooley, Tiffany Harper, and Anna Christine Harper--were injured when her vehicle collided with one driven by Randall Albright, III, who was intoxicated. Dan and Sherri Rogers (Krystle's parents and the personal representatives of her estate) and the passengers (collectively, Plaintiffs) filed suit on February 12, 2004, in ... More...   $0 (06-30-2007 - OK)

Computer Payroll Company sued Rapid Payroll, Inc., a wholly owned subsidiary of Paychex, Inc., B. Thomas Golisano, and Walter Turek for breach a software licensing agreement. Computer Payroll Company was one of 76 independent payroll-processing companies with Rapid Payroll licensing agreements that expressly provided the license could not be canceled unless the licensee consented or breached t... More...   $15000000 (06-28-2007 - CA)

This is a case involving a claim for possession of property and a monetary claim that the Government of the Virgin Islands ("GVI") made against the Small Business Administration ("SBA") receivership estate for Fairway Capital Corporation. The SBA Receiver recommended that GVI's possessory claim be denied, and that its monetary claim be granted in part. GVI filed an objection, but the district c... More...   $0 (04-18-2007 - RI)

This appeal requires us to revisit the scene of an earlier battle. In Wine & Spirits Retailers, Inc. v. Rhode Island, 418 F.3d 36 (1st Cir. 2005), we affirmed the district court's denial of preliminary injunctive relief against the enforcement of two amendments to Rhode Island's statutory scheme governing in-state liquor sales at retail. See R.I. Gen. Laws §§ 3-5-11, 3-5-11.1. Following further... More...   $0 (03-26-2007 - RI)

Transclean Corporation, James P. Viken, Jon A. Lang, and Donald E. Johnson (collectively "Transclean") brought suit against Bridgewood Services, Inc. ("Bridgewood"), alleging that the automatic transmission fluid changing machine manufactured and sold by Bridgewood, the "T-Tech machine," infringed Transclean's patent. Transclean obtained a judgment in its favor, including a damages award of $1,... More...   $0 (03-21-2007 - MN)