Licensee Law
 
Ridgecrest Retirement & Healthcare d/b/a Ridgecrest Retirement Center, Ltd. v. Darlyn Jill Urban, Individually, and as Representative of the Estate of Donald G. Marker, et al.

Plaintiffs/appellees, Darlyn Jill Urban, individually, and as representative of the estate of Donald G. Maker, and Richard J. Maker, individually, sued defendant/appellant, Ridgecrest Retirement & Healthcare d/b/a Ridgecrest Retirement Center, Ltd. ("Ridgecrest"), for negligence in its care of Donald G. Maker ("Maker"). A jury returned a verdict awarding $999,999.99 to Maker's estate, but foun... More...   $0 (01-08-2004 - TX)

David R. Teague v. Missouri Gaming Commission

David R. Teague appeals the decision of the Missouri Gaming Commission (the "Commission") denying his application for a Level I Occupational License ("Level I License") and suspending his Level II Occupational License ("Level II License") for thirty days. He contends that the Commission erred in denying his application for a Level I License and for suspending his Level II License on the basis that... More...   $0 (12-30-2003 - MO)

State Board of Registration for the Healing Arts v. Edward W. McDonagh, D.O.

The State Board of Registration for the Healing Arts (the Board) initiated a disciplinary complaint against Dr. Edward McDonagh primarily alleging that he violated section 334.100, (FN1) a part of the Missouri Healing Arts Practice Act, through his representations regarding and use of chelation therapy in the treatment of patients with vascular disease. The Administrative Hearing Commission (AHC) ... More...   $0 (12-23-2003 - MO)

Mattel, Inc. v. Greiner and Hausser GmbH, et al.

Barbie, the ubiquitous doll produced by Mattel, has been a regular visitor to our court.1 This time she brings with her an issue of personal jurisdiction - not over her, but over a German toy company which has questioned her ancestry by asserting that Barbie was a copy of its doll and that Mattel had infringed its patent and other intellectual property rights. The German company, Greine... More...   $0 (12-23-2003 - CA)

Connecticut Coalition AGainst Millstone, et al. v. Arthur J. Rocque, Jr., Commissioners of Environmental Protection, et al.

The principal issue in this appeal is whether the plaintiffs1 have standing under General Statutes § 22a-162 to bring an action directly in the Superior Court against the defendants3 for declaratory and injunctive relief from alleged violations of the federal Clean Water Act, 33 U.S.C. § 1251 et seq. The plaintiffs claim that the operations of the Millstone Nuclear Power Generating Stati... More...   $0 (12-21-2003 - CT)

Rickey Harris v. Jan Hunt, Chair of the Missouri Real Estate Commission, et al.

Rickey Harris ("Harris") appeals the judgment affirming the decisions of the Missouri Administrative Hearing Commission ("AHC") and the Missouri Real Estate Commission ("MREC") suspending Harris's real estate licenses for two years followed by a three-year period of probation. Harris claims that the trial court erred in affirming the suspension and subsequent probation imposed upon his licenses be... More...   $0 (12-02-2003 - MO)

Employers Reinsurance Corporation v. Threlkeld & Company Insurance Agency d/b/a Threlkeld Company Insurance d/b/a Smith County, Texas Threlkeld Financial Group

From approximately July 1, 1998 through October 1999, TCI served as a "marketing licensee" for First Financial Security of Texas ("First Financial"), a viatical settlement broker. A viatical settlement is defined as an agreement that is solicited, negotiated, offered, entered into, delivered, or issued for delivery in this state under which a person pays anything of value that is:

(A) l... More...   $0 (11-21-2003 - TX)

NISH, Inc. v. Donald H. Rumsfeld, Secretary of Defense, et al.

Plaintiffs RCI (Realizing Confidence & Independence) and NISH appeal from the district court's grant of summary judgment to Defendants, Secretary of Defense Donald Rumsfeld and Secretary of the Air Force James G. Roche ("Secretaries"), and Intervenors New Mexico Commission for the Blind ("NMCB"), and Robert Vick, a licensed blind vendor. NISH v. Rumsfeld, 188 F. Supp. 2d 1321 (D.N.M. 2002). Pla... More...   $0 (11-19-2003 - NM)

F.S. New Products, Inc., et al. v. Strong Industries, Inc. and Brooks Strong

Appellees Brooks Strong and Strong Industries, Inc. (collectively referred to as "the Strong Plaintiffs") sued appellants F.S. New Products, Inc. (FSNP) and Tesco American, Inc. d/b/a Tesco/Williamsen (Tesco) for fraud, breach of contract, misappropriation of trade secrets, and conspiracy, alleging appellants had wrongfully obtained and used the Strong Plaintiffs' trade secrets related to the d... More...   $3890000 (09-11-2003 - TX)

Charles E. Morris IV v. Silvino De La Torre

Charles Morris filed a negligence action against Silvino De La Torre, the owner of a taco shop, arising from the criminal conduct of a gang member who seized a knife from the shop's kitchen and used it to stab Morris while Morris was in the parking lot in front of the shop. The trial court granted summary judgment in De La Torre's favor, finding the incident was not sufficiently foreseeable to... More...   $0 (09-03-2003 - CA)

DVD Copy Control Association, Inc. v. Andrew Brunner

Today we resolve an apparent conflict between California's trade secret law (Civ. Code, § 3426 et seq.) and the free speech clauses of the United States and California Constitutions. In this case, a Web site operator posted trade secrets owned by another on his Internet Web site despite knowing or having reason to know that the secrets were acquired by improper means. The trial court found t... More...   $0 (08-25-2003 - CA)

Jeremy E. Sims v. Janet Napolitano, Governor of Arizona, et al.

The Governor of Arizona and the Director of the Department of Gaming (collectively the "State")1 appeal a trial court ruling prohibiting the Arizona Department of Gaming ("Department") from denying an applicant's request to withdraw his application for certification to provide gaming services. Because we conclude that the Department has the implied authority to deny such requests, we rever... More...   $0 (08-11-2003 - AZ)

San Jose Parking, Inc. v. The Superior Court of Santa Clara County

In its petition for a writ of mandate, San Jose Parking, Inc. (SJP) asks us to direct the trial court to vacate its order finding that Redevelopment Agency of San Jose (Agency) has the right to condemn SJP's interest in the Fountain Alley parking lot. Because we conclude that SJP does not have a real property interest in the Fountain Alley parking lot, we will grant the request for writ relief... More...   $0 (07-30-2003 - CA)

Joseph Richardson v. Dallas/Fort Worth Airport and Dallas/Fort Worth Airport Board

This is an appeal from a take-nothing summary judgment granted in favor of Dallas/Fort Worth Airport and Dallas/Fort Worth Airport Board (collectively DFW). Joseph Richardson sued DFW for damages related to a knee injury he allegedly received in a DFW parking garage. DFW moved for summary judgment on various grounds, including sovereign immunity. The trial court granted DFW's motion without ... More...   $0 (07-17-2003 - TX)

Town of Ossipee v. Whittier Lifts Trust and others.

The plaintiff, Town of Ossipee (town), appeals from an order of the Superior Court (O'Neill, J.) ruling that defendant Whittier Lifts Trust (Whittier Trust) is not liable for taxes levied against a State-owned communications tower (tower) on its property. In addition, the State appeals from a separate order of the Superior Court (T. Nadeau, J.) ruling that defendant Whittier Communications, Inc... More...   $0 (07-08-2003 - NH)

Carefirst of Maryland, Inc. d/b/a Carefist Blue Cross/Blue Shield v. Carefirst Pregnancy Centers, Inc.

In this appeal, we address whether an Illinois organization subjected itself to personal jurisdiction in Maryland by operating an Internet website that allegedly infringed the trademark rights of a Maryland insurance company. Carefirst of Maryland ("Carefirst") accuses Chicago-based Carefirst Pregnancy Centers, Inc. ("CPC") of selecting the name CAREFIRST, despite having notice both of Car... More...   $0 (07-02-2003 - MD)

Raymond M. Hulse and Kristina Hulse v. BHJ, Inc.

On August 10, 1998, the Hulses filed their complaint surrounding their purchase of a piece of real property. The Hulses alleged breach of contract, negligence, fraud, and bad faith against First American Title Company of Crook County (First American) and negligence and fraud against BHJ, the real estate broker of the selling party. The basis of the complaint stemmed from allegations that th... More...   $0 (06-23-2003 - WY)

Integra Lifesciences I, Ltd., et al. v. Merck KGaA, et al.

Following a jury trial, the United States District Court for the Southern District of California ruled that Merck KgaA (Merck) infringed U.S. Patent Nos. 4,988,621 ('621 patent), 4,792,525 ('525 patent) 5,965,997 ('997 patent), 4,879,237 ('237 patent), and 4,789,734 ('734 patent), belonging to Integra Lifesciences I, Ltd., the Burnham Institute and Telios Pharmaceuticals, Inc.[1] (Integra). Th... More...   $15000000 (06-16-2003 - CA)

William Stephens and Ray Jordan v. Wayne Dolcefino, KTRK Television, Inc., et al.

At the time of the events underlying this suit, appellant Stephens was the Deputy Controller of the City of Houston; appellant Jordan was a Houston Police Department sergeant; appellee Wayne Dolcefino was an investigative reporter for appellee KTRK Television, Inc., which in turn was the licensee of KTRK-TV, Channel 13 in Houston ("Channel 13"; not a party to this suit); appellee Steve Bivens w... More...   $0 (06-13-2003 - TX)

James P. Vigil, as Conservator for James R. Vigil v. William Franklin, Gladys Franklin, and Will Franklin

Plaintiff, a 28-year-old, mildly retarded person, was obtaining job-training skills from an organization that defendants employed to clean up their property. After finishing work one day, the 5'11" plaintiff jumped up onto defendants' 4' high, aboveground pool, dove into the water, and hit his head on the bottom of the pool. He suffered a spinal injury that left him a quadriplegic.

Plain... More...   $0 (05-27-2003 - CO)

Steven Rosenberg v. City of Everett and David Ragucci

In January 1998, plaintiff-appellant Steven Rosenberg was terminated from his position as Director (1) of Everett Community Television ("ECTV") after more than eleven years at the station. Rosenberg believes he was fired because of his handling of station programs concerning the mayoral election of 1997. He brought suit against defendants-appellees City of Everett and Mayor David Ragucci, claim... More...   $0 (05-02-2003 - MA)

Bio-Technology General Corporation v. Duramed Pharmaceutical, Inc.

The late Dr. Samuel Pasquale invented a contraceptive regimen in which a woman takes small doses of unopposed estrogen during a portion of the initial phase of her menstrual cycle, i.e., beginning a few days after the onset of menses, and daily doses of progestin for the remainder of the cycle. The small amounts of estrogen taken during the initial phase are believed to prevent an egg from bec... More...   $0 (04-03-2003 - NJ)

Space Planners Architects, Inc., et al. vs. Frontier Town-Missouri, Inc., et al..

This is a suit in which four corporate entities sought statutory liens on real estate for work and materials furnished per contracts with the land owner, Frontier Town-Missouri, Inc. ("Frontier"). Two of these lien claimants, Space Planners Architects, Inc. ("Architect") and E. T. Archer Corporation, Inc. ("Engineer"), sought liens pursuant to section 429.015. (FN1) Lien claimants Dave Kolb Gra... More...   $0 (03-31-2003 - MO)

State Board of Registration for the Healing Arts v. Edward W. McDonaugh, D.O.

This appeal arises from the Administrative Hearing Commission's (Commission) determination that "no cause" existed to discipline the medical license of Edward McDonagh, D.O. The Missouri State Board of Registration for the Healing Arts (Board) had filed a disciplinary Complaint alleging Dr. McDonagh endangered the physical and mental health of his patients through the use of EDTA chelation ther... More...   $0 (03-25-2003 - MO)

Catrina Graves v. Franklin L. Estabrook

The plaintiff, Catrina Graves, appeals a ruling by the Superior Court (Hampsey, J.) granting the defendant, Franklin L. Estabrook's, motion to dismiss her complaint for negligent infliction of emotional distress. Estabook argued that because Graves was not related by blood or marriage to the decedent, but was only the decedent's fiancée, she cannot recover for negligent infliction of emotional ... More...   $0 (03-03-2003 - NH)

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AK Morlan
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