Superbrace, Inc. v. Kelly Tidwell, et al. |
There is a debate among federal and state courts as to whether state or federal common law should be applied to cases involving the transfer of patent license * Parts III, IV, V and VI of this opinion are not certified for publication. (See Cal. Rules of Court, rules 976(b) and 976.1.) 2 rights. In the case before us, Kelly Tidwell and Fran Cyrus (collectively Tidwell unless other... More... $0 (11-24-2004 - CA) |
Federal Communications Commission v. Viacom Inc. |
The Federal Communications Commission today entered into a $3.5 million Consent Decree with Viacom Inc. ("Viacom") and certain of its subsidiaries to resolve investigations into whether Viacom broadcast stations, as well as non-Viacom owned affiliates of the CBS Television Network and UPN, had aired obscene, indecent, and/or profane material in violation of the Communications Act and Commission ru... More... $3500000 (11-24-2004 - DC) |
Dual Incorporated, et al. v. Lockheed Martin Corporation, et al. |
On 1 October 2001, J. Frederick Dual, Jr. ("Dual"), purporting to act in the capacities of "President and sole shareholder" of Dual, Incorporated ("Dual, Inc."), filed a complaint in the Circuit Court for Baltimore City against Lockheed Martin Corporation and two of its subsidiaries (collectively "Lockheed"). In the complaint, Dual alleged various torts related to the terminations of tw... More... $0 (11-03-2004 - MD) |
Midwest Oilseeds v. Limagrain Genetics |
The parties to this diversity action together pioneered the marketing of soybean seeds in the 1970s, jointly ventured into the seed-breeding business in the 1980s, and wound up in federal court when their industry entered the biotechnology age. The main issue on appeal is whether restrictions in the parties' 1986 joint-venture agreement (the Agreement) applied to the inheritable genetic m... More... $40892353 (10-28-2004 - IA) |
Emma Mary Ellen Holley, et al. v. Grove S. Crank, Sr., et al. |
In Meyer v. Holley, 537 U.S. 280 (2003), the Supreme Court vacated this Court's opinion in Holley v. Meyer, 258 F.3d 1127 (9th Cir. 2001) and remanded for further proceedings. In revisiting this case, we address two distinct questions which the Supreme Court has left for us to decide. First, whether as the designated officer/broker of Triad, Inc., David Meyer can be held personally liab... More... $0 (10-28-2004 - CA) |
Lawrence Raimo v. Robert Fischer, et al. |
The issue presented by this appeal is whether a contractor's duty of care for the safety of persons who come on a construction site is governed by the common law doctrine of premises liability, under which the tort liability of a possessor of land is determined by the injured person's classification as a business invitee, licensee or trespasser, or by general negligence principles, under which ... More... $0 (10-27-2004 - NJ) |
Gary Worthington; Colleen Worthington v. Robert Michael Anderson; et al. |
In this appeal, we consider the scope of the "unclean hands" defense to an action for trademark infringement.(1) Appellants Gary Worthington and Colleen Worthington appeal from the district court's order dismissing, after a bench trial, their action against the defendants for federal and common law trademark infringement, deceptive trade practices, misrepresentation and false designation of o... More... $0 (10-14-2004 - UT) |
Dual Incorporated, et al. v. Lockheed Martin Corporation, et al. |
On 1 October 2001, J. Frederick Dual, Jr. ("Dual"), purporting to act in the capacities of "President and sole shareholder" of Dual, Incorporated ("Dual, Inc."), filed a complaint in the Circuit Court for Baltimore City against Lockheed Martin Corporation and two of its subsidiaries (collectively "Lockheed"). In the complaint, Dual alleged various torts related to the terminations of tw... More... $0 (09-15-2004 - MD) |
David M. Pietsch, D.C., et al. vs. Minnesota Board of Chiropractic Examiners. |
David Pietsch, D.C., seeks review of a decision of the court of appeals affirming the Minnesota Board of Chiropractic Examiners' (the Board) disciplinary action against him based on the Board's conclusion that he engaged in unprofessional conduct in violation of Minn. Stat. § 148.10, subd. 1(a)(11) and (e) (2002). We reverse and remand. Pietsch, a Doctor of Chiropractic, owns and operate... More... $0 (07-26-2004 - MN) |
Donna Snider, Assessor for Pemiscot County v. Casino Aztar/Aztar Missouri Gaming Corp. |
Donna Snider, Assessor for Pemiscot County, ("Assessor") appeals from a decision of the Missouri State Tax Commission ("Commission") setting aside Assessor's assessed valuation for specified real and personal property and setting new values for such property owned by Casino Aztar/Aztar Missouri Gaming Corp. ("Aztar"). Three of the four points raised on appeal, Points I, II, and IV, respectively, a... More... $0 (06-28-2004 - MO) |
Bankruptcy for Tops Applicance City, Inc. v. Congressional Financial Corporation |
Donald Biase, trustee in bankruptcy of Tops Appliance City, Inc., brought suit *The Hon. Cynthia H. Hall, Circuit Judge for the United States Court of Appeals for the Ninth Circuit, sitting by designation. 2 against Congress Financial Corporation to recover $10.5 million dollars in payments from Tops to Congress. The Bankruptcy Court granted summary judgment in favor of Congress, ... More... $0 (06-22-2004 - NJ) |
The Payroll Partnership LP, et al. v. Rapid Payroll, Inc., et al. |
Fraud and breach of contract claims by The Payroll Partnership LP against Rapid Payroll, Inc., a wholly owned subsidiary of Paychex, Inc. and others relating to Rapid Payroll's attempt to terminate licenses for software sold to them by Olsen Computer Services, Inc. The software was used by The Payroll Partnership and others to process payroll for other companies pursuant to licensing agreement... More... $6400000 (06-21-2004 - CA) |
President Riverboat Casino-Missouri, Inc. v. Missouri Gaming Commission. |
President Riverboat Casino-Missouri, Inc. appeals from a $25,000 disciplinary fine imposed by the Gaming Commission. President asserts the Commission erred in determining that it violated Section 313.812.14(1) of the gaming laws by failing to comply with a St. Louis ordinance prohibiting riverboat gambling licensees from contributing money to local political candidates. We affirm, without addressi... More... $25000 (05-28-2004 - MO) |
THE ESTATE OF ILAR HICKS |
�1 Petitioner (plaintiff) sued Respondent (defendant) for wrongful death of plaintiff's decedent under several theories of recovery.1 Plaintiff alleged injuries and damages sustained as a result of the wrongful death of Ilar Hicks that were caused as a result of the acts, conduct and/or omissions of the defendant. The petition alleges that Ilar Hicks died as a result of sepsis, with a ... More... $0 (05-25-2004 - OK) |
John Murdock v. Joseph Croughwell, et al. |
This appeal arises out of a negligence action brought by the plaintiff, John Murdock, a former officer for the Hartford police department, against the named defendant, Joseph Croughwell, the former chief of the Hartford police department, and the defendant city of Hartford (city), to recover damages for injuries sustained in an off-duty, physical altercation with a fellow police officer,... More... $0 (04-26-2004 - CT) |
John R. Billings, Licensed Outfiter, etc. v. Wyoming Board of Outfitters and Professional Guides |
1 [1] In February 2002, the Wyoming Board of Outfitters and Professional Guides (Board) revoked appellant John R. Billings' (Billings) outfitter's license based on several violations of state statutes and/or the Board's rules. Billings subsequently filed a petition for review of the Board's decision, and a complaint for declaratory judgment, in the district court. Following the district co... More... $0 (04-21-2004 - WY) |
Adam N. Santo v. Beverly Neth, director of the Nebraska Department of Motor Vehicles, and the Department of Motor Vehicles of the State of Nebraska. |
Adam N. Santo's motor vehicle operator's license was revoked after the director of the Nebraska Department of Motor Vehicles (Department) found that the arresting officer had probable cause to believe Santo was operating a motor vehicle in violation of Neb. Rev. Stat. § 60-6,196 (Cum. Supp. 2000) and that he refused upon request to submit to a chemical test of his blood. Santo appealed to the d... More... $0 (04-20-2004 - NE) |
Alaska Trademark Shellfish, LLC, et al. v. State of Alaska, et al. |
This case requires us to determine whether Alaska law gives shellfish farmers the exclusive right to harvest wild stocks already growing on their farm sites. Several applicants asked the Alaska Department of Fish and Game for aquatic farm permits allowing them to grow and commercially harvest geoduck clams in Alaska waters. When the Department of Fish and Game declined to give them exclusiv... More... $0 (04-18-2004 - AK) |
Andrew Carlson v. First Revenue |
Andrew Carlson appeals from a summary judgment entered against him and from the denial of his motion to alter or amend the judgment, see Fed. R. Civ. P. 59(e), in his action against First Revenue Assurance (FRA), a collection agency. We affirm the district court's1 orders. I. This case arises out of FRA's debt collection activities with regard to an alleged debt that Mr. Carlson owed to... More... $0 (03-03-2004 - MN) |
Bill Price as Personal Representative of the Estate of Jewel Martin, Plaintiff-Cross Claimant/Appellant, v. TLC Health Care, Inc. d/b/a Oak Dale Manor, et al. |
1 This is an action for injuries alleged to have been caused through substandard medical care provided at the Oak Dale Manor Nursing Home which is operated by TLC Health Care, Inc. (TLC). The action was brought by the personal representative of the estate of Jewel Martin, deceased, who was a patient at the facility. 2 The trial court granted summary judgment to two defendants, H.A. Sand S... More... $0 (02-10-2004 - OK) |
LULA FANNING, as Guardian of EVA JACKSON, a physically and mentally incapacitated adult, v. JAMES BROWN, ALEX DOUT, GRANT RHODES, TONY WILKINS, and JEFF YOUNG |
1 Lula Fanning, as Guardian of Eva Jackson, a physically and mentally incapacitated adult (Fanning), filed a petition in district court against James Brown, Alex Dout, Grant Rhodes, Tony Wilkins, and Jeff Young (defendants) who are the shareholders of Sand Springs Care Center, Inc. (SSCC).1 Fanning's petition alleged SSCC owned and operated Oak Dale Manor, a specialized long-term nursing care f... More... $0 (02-10-2004 - OK) |
Melvin A. Ochs, M.D. v. Pacificare of California, et al. |
Health and Safety Code section 1371.41 generally requires health care service plans to pay for emergency medical care rendered to their enrollees, regardless of whether the provider rendering the services has contracted with the plan. Subdivision (e) of that section provides, "A health care service plan may delegate the responsibilities enumerated in this section to the plan's contracting medi... More... $0 (02-10-2004 - CA) |
Shirley Miller and Richard Miller v. Wal-Mart Stores, Inc. |
Plaintiffs Shirley and Richard Miller appeal the district court's grant of summary judgment to defendant Wal-Mart Stores, Inc., on plaintiffs' diversity slip-and-fall negligence claim. That court held, under Arkansas law, that (1) Mrs. Miller was a licensee, (2) Wal-Mart's duty to Mrs. Miller was to refrain from willful or wanton conduct, and (3) no evidence existed that Wal-Mart's behavior was... More... $0 (02-04-2004 - OK) |
Teresa Johnson v. Missouri Board of Nursing Administrators |
Appellant Teresa Johnson ("Johnson") appeals a judgment of the Circuit Court of Cole County upholding the decision of the Administrative Hearing Commission ("AHC") that Johnson's license to practice as a professional nursing home administrator in Missouri was subject to discipline by the Missouri Board of Nursing Home Administrators (" Board") and upholding the order of the Board revoking Johns... More... $0 (01-30-2004 - MO) |
Lariat Club v. Nebraska Liquor Control Comm. |
Appellant, the Lariat Club, Inc., appeals from the decision of the district court for Lancaster County affirming the decision of the Nebraska Liquor Control Commission (the Commission) which canceled the liquor license of the Lariat Club. Because the Commission reached its decision based upon an issue not identified in the notice sent to the Lariat Club, the Lariat Club was denied due process, and... More... $0 (01-09-2004 - NE) |
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