Licensee Law
 
Transclean Corporation, et al. v. Jeffy Lube International, Inc., etc.

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 $... More...   $0 (01-27-2007 - MN)

Propat International Corp. v. David Fink and Helene Glasser, etc.

This "patent standing" case calls on us to decide once again whether a party has a sufficient ownership interest in a patent to be entitled to sue for infringement. The plaintiff, Propat International Corporation, sued RPost, Inc.; RPost US, Inc.; RPost International Limited; and three individuals (collectively, "RPost") in the United States District Court for the Central District of Californ... More...   $0 (01-27-2007 - CA)

J&G Sales, Ltd. v. Carl J. Truscott, Director, Bureau of Alcohol, Tobacco, Firearms and Explosives

The Bureau of Alcohol, Tobacco, Firearms, and Explosives appeals from the district court's grant of summary judgment holding that the Bureau lacks authority to issue a letter requiring a small percentage of licensed firearms dealers to submit portions of their records relating to secondhand firearms. Because we find that the Bureau acted within its statutory authority under 18 U.S.C. § 9... More...   $0 (01-16-2007 - AZ)

Johnson Bank v. George Korbakers & Co., LLP

In this diversity suit governed by Illinois law, a bank complains that it lost money as a result of errors in an audit of one of its borrowers, Brandon Apparel Group, Inc., by the defendant, GKCO. The bank contends both that it is a third-party beneficiary of the letter contract by which Brandon retained GKCO to conduct the audit and that GKCO committed the tort of negligent misrepresent... More...   $0 (12-18-2006 - IL)

Waterloo Furniture Components, Ltd. v. Haworth, Inc.

On October 29, 1992, Haworth, Inc. ("Haworth") entered into an agreement with Waterloo Furniture Components, Ltd. ("Waterloo"), granting Waterloo a license to Haworth's Patent No. 4,616,798 ("the ‘798 patent"). The agreement included a "most favored nations" provision that required Haworth to give Waterloo the benefit of any more favorable royalty rates that Haworth might grant to anothe... More...   $0 (11-05-2006 - IL)

RSM, Inc. d/b/a Valley Gun v. Arhtur W. Herbert, etc.

RSM, Inc. d/b/a Valley Gun ("Valley Gun"), a firearms dealer licensed to sell firearms by the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") under 18 U.S.C. § 923, commenced this action by filing a Petition for Judicial Review of ATF's revocation of its license. ATF had revoked Valley Gun's license effective March 1, 2005, because Valley Gun, "after an extended opportunity t... More...   $0 (10-26-2006 - MD)

BondPro Corporation v. Siemens Power Generation, Inc.

The plaintiff in this diversity suit for theft of a trade secret won a verdict on liability from the jury; but before the jury proceeded to the second stage of a bifurcated trial - that of determining what damages, if any, the plaintiff had suffered - the district judge granted judgment for the defendant as a matter of law. Wisconsin law - but as adopted in Wisconsin, the Uniform Trade S... More...   $0 (09-14-2006 - WI)

James M. Abraham v. Intermountain Health Care,Inc.

This appeal is the result of certain Utah optometrists' decade-long effort to become panel providers for the largest managed health care company in the state. In 2001, the optometrists ultimately filed suit against Intermountain Health Care, Inc. ("IHC") and others, alleging that IHC's exclusion of optometrists from its network of providers violates §§ 1 and 2 of the Sherman Act. The District C... More...   $0 (09-13-2006 - UT)

James M. Abraham v. Intermountain Health Care,Inc.

This appeal is the result of certain Utah optometrists' decade-long effort to become panel providers for the largest managed health care company in the state. In 2001, the optometrists ultimately filed suit against Intermountain Health Care, Inc. ("IHC") and others, alleging that IHC's exclusion of optometrists from its network of providers violates §§ 1 and 2 of the Sherman Act. The District Cou... More...   $0 (09-06-2006 - UT)

Jim Petropoulos v. Department of Real Estate

Rejecting the recommendation of an administrative law judge assigned to hear the case, the Department of Real Estate (DRE) revoked appellant Jim Petropoulos's broker's license based on his guilty plea to a charge of misdemeanor battery. During the administrative proceedings, DRE conceded that Petropoulos's offense was not a crime involving moral turpitude. On this appeal from the denial of ... More...   $0 (08-31-2006 - CA)

Image Software, Inc. v. The Reynolds and Reynolds Company, et al.

1mage Software, Inc. ("1mage") appeals the district court's decision compelling arbitration, in Ohio, of a dispute arising under a software licensing agreement. Before reaching the merits of this appeal, we must address two potential problems with the district court's jurisdiction. First, we conclude the district court had subject matter jurisdiction based upon the federal question presented by... More...   $0 (08-29-2006 - CO)

Harvey Barnett, Inc. and Infact Swimming Research, Inc. v. Ann Shidler d/b/a Infant Aquatic Survival and Alison Geedres d/b/a Infant Aquatic Survival

Harvey Barnett, Inc. and Infant Swimming Research, Inc. (collectively "ISR") filed a complaint against former employees Judy Heumann, Ann Shidler, and Alison Geerdes, asserting, among other claims, that the employees misappropriated ISR's trade secrets and breached a license agreement which contained a covenant not to compete and a confidentiality provision. In a prior appeal, this court affirm... More...   $0 (08-17-2006 - CO)

Fantasy Ranch, Inc. v. Cowtown Exposition, Inc., et al.

Appellants challenge the City of Arlington's recently enacted Sexually Oriented Business Ordinance as an unconstitutional restriction of their expressive liberties. We affirm the trial court's judgment sustaining the ordinance.

FACTS AND PROCEEDINGS BELOW

A. Plaintiff-appellant Fantasy Ranch, Inc. ("Fantasy Ranch"), and intervenor plaintiffs-appellants, Cowtown Exposition, Inc.,... More...   $0 (08-03-2006 - TX)

Jonnie D. Miller, et al. v. Glenn Miller Productions, Inc.

Steven and Jonnie Miller, adopted children of Helen Miller, wife of the world-renowned bandleader Glenn Miller, and their exclusive licensing agent CMG Worldwide Inc. (collectively "Appellants") appeal from the district court's order granting defendant Glenn Miller Productions, Inc. ("GMP") summary judgment and dismissing their complaint on the basis of laches. See Miller v. Glenn Miller ... More...   $0 (07-20-2006 - CA)

Margarito Violante, et al. v. Communities Southwest Development and Construction Company, et al.

We hold that a subcontractor's employee on a public works project cannot sue the prime or general contractor on theories of statutory or contractual liability for the nonpayment of prevailing wages by the subcontractor, the employee's direct employer. Although both sides on this issue have advanced compelling public policy arguments in favor of their respective positions, we deem those more... More...   $0 (04-19-2006 - CA)

Paul F. Hofer v. Unum Life Insurance Company of America

On August 28, 1995, UNUM Life Insurance Company of America denied Dr. Paul Hofer's claim for disability benefits. He submitted a second claim on September 22, 2001, which was denied on December 31 of that year. On January 15, 2002, Dr. Hofer filed this diversity suit in the United States District Court for the District of Kansas. See 28 U.S.C. § 1332 (granting diversity jurisdiction). Six month... More...   $510000 (03-22-2006 - KS)

Big Sky Excavating, Inc., et al. v. Illinois Bell Telephone Company, et al.

Plaintiffs brought an action in the circuit court of Madison County challenging the constitutionality of section 13-502.5 of the Public Utilities Act (220 ILCS 5/13-502.5 (West 2002)), which abated proceedings then pending before the Illinois Commerce Commission and mandated that $90 million be refunded to certain customers of telecommunication services. On plaintiffs' motion for summary judgm... More...   $0 (01-10-2006 - IL)

Thomas W. Bates v. Robert Gordon, in his official capacity as Sheriff of Washington County

The Washington County Sheriff appeals a judgment overturning his revocation of petitioner's concealed handgun license. Although our analysis differs from that of the trial court, we agree that the sheriff's revocation of petitioner's concealed handgun license was improper and therefore affirm. (1)

In February 2004, the sheriff, pursuant to ORS 166.293, revoked petitioner's concealed handg... More...   $0 (10-11-2005 - OR)

CHATHAM FOOT SPECIALISTS, P.C. v. HEALTH CARE SERVICE CORPORATION, d/b/a Blue Cross Blue Shield of Illinois

Plaintiff, Chatham Foot Specialists, P.C., filed a breach of contract action to recover fees against defendant, Health Care Service Corporation, d/b/a Blue Cross Blue Shield of Illinois (Blue Cross). The circuit court of Cook County granted Blue Cross' motion for summary judgment on the basis that plaintiff's failure to register as a professional service corporation with the Illinois Department... More...   $0 (09-28-2005 - IL)

Kim Talbott and Bonnie Talbott, as Personal Representative of the Estate of Damon K. Talbott v. Roswell Hospital Corporation d/b/a Eastern New Mexico Medical Center

{1} Roswell Hospital Corporation (the Hospital) appeals from a judgment in favor of Kim and Bonnie Talbott (Plaintiffs), as co-personal representatives of the estate of Damon K. Talbott (Decedent). The Hospital raises six issues on appeal. We reverse and remand on grounds that a significant question of fact was improperly decided by the district court, rather than the jury. We also addre... More...   $0 (08-11-2005 - NM)

Diva's Inc. d/b/a DIVAS v. City of Bangor, et al.

This case is part of a lengthy dispute between Plaintiff-Appellant Diva's, Inc. ("Diva's"), an adult entertainment bar located in Bangor, Maine, Plaintiff-Appellant Dianne Cormier-Youngs, the owner of Diva's, and Appellee City of Bangor, Maine. Also involved in the instant action are various Bangor government officials in their official and individual capacities (collectively, "Individual Appel... More...   $0 (06-10-2005 - ME)

Aimee Elizabeth Cross v. Kansas Department of Revenue

Aimee Elizabeth Cross was arrested for driving under the influence. Cross agreed to testing and requested an administrative hearing after receiving a notice of suspension. The administrative hearing officer affirmed the suspension, and Cross petitioned the district court for review arguing that K.S.A. 8-1020(g), a limitation on witnesses who may be called for the hearing, denied her due process... More...   $0 (05-02-2005 - KS)

Jay Warren Johnson v. State of Oklahoma, ex rel. Oklahoma Department of Public Safety

1 State of Oklahoma, ex rel. Department of Public Safety (DPS) appeals the trial court's April 30, 2004, order which declared 47 O.S. Supp. 2003, § 6-205 .1(A)(3) unconstitutional and which modified a revoked driver's license. Based on our review of the facts and applicable law, we reverse. 1

FACTS

2 The facts are undisputed. Jay Warren Johnson (Driver) had his driver's license revo... More...   $0 (03-11-2005 - OK)

COMPREHENSIVE PSYCHOLOGY SYSTEM, P.C. v. BRETT PRINCE, Ph.D

The issue on this appeal is the enforceability of a restrictive covenant in an employment contract for professional services by a licensed psychologist. Plaintiff Comprehensive Psychology Systems, P.C., a corporation which provides professional neuropsychological service to individuals under the trade name LifeSpan, appeals from an order of the Chancery Division which denied its application... More...   $0 (02-11-2005 - NJ)

Maggie Knowles, etc. v. Beverly Enterprises-Florida, Inc., etc.

We have for review Beverly Enterprises–Florida, Inc. v. Knowles, 766 So. 2d 335 (Fla. 4th DCA 2000) (en banc). The district court certified the following question as one of great public importance: MAY A PERSONAL REPRESENTATIVE BRING A STATUTORY CAUSE OF ACTION UNDER SECTION 400.023(1), FLORIDA STATUTES (1997), ON BEHALF OF A DECEASED RESIDENT OF A NURSING HOME FOR ALLEGED INFRINGEMENT OF... More...   $0 (12-23-2004 - FL)

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