In this negligence action, the plaintiff, Frances Segreto, appeals from the judgment of the trial court rendered following the granting of the motion for summary judgment filed by the defendant city of Bristol (city) on its special defense of governmental immunity. The sole issue on appeal is whether the trial court properly determined that the city was entitled to judg-ment as a matter of ... More...   $0 (08-27-2002 - CT)

Appellants-plaintiffs Zon D. Moore and Teresa Moore (collectively, the Moores), appeal the jury's verdict that was entered in favor of the appellees-defendants Greensburg High School and Greensburg Community Schools (Greensburg) with respect to their premises liability action. Specifically, the Moores argue that the trial court erroneously instructed the jury that Zon was a licensee on Greensburg... More...   $0 (08-20-2002 - IN)

This consolidated matter arises out of three appeals from two related actions involving continuing litigation over a license agreement between Mycogen Plant Science, Inc. (MPS) and Monsanto Company (Monsanto) concerning technology to produce genetically altered plant seeds. In the initial action, MPS sought, and was granted, declaratory relief finding that Monsanto had a contractual duty to li... More...   $0 (08-08-2002 - CA)

At the time of the events underlying this suit, appellant Stephens was the Deputy City Controller 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 was a KTRK ... More...   $0 (08-08-2002 - TX)

Plaintiff-Appellant Med Corp. appeals the district court's order granting summary judgment in favor of Defendants-Appellees, the City of Lima and David J. Berger, both individually and in his official capacity as Mayor of the City of Lima, Ohio (collectively, the "City"). Med Corp., an ambulance company, challenges the City's proposed one-week suspension of Med Corp. from receiving 911 emergency d... More...   $0 (07-12-2002 - OH)

Times Mirror Magazines, Inc. ("TM") owns and publishes Field & Stream Magazine. TM, 1 and its predecessor in interest, the Columbia Broadcasting System ("CBS"), entered into a series of agreements with defendants to govern the use of the name Field & Stream as a trademark. At the core of this appeal lies TM's contention that the agreements left TM with a residual common law right to use the mark i... More...   $1031073 (06-28-2002 - NY)

This appeal requires us to decide whether a state's regulation of residential real estate solicitations by licensed real estate salespersons violates their free speech rights under the First Amendment. Defendant-Appellant Alexander Treadwell, New York's Secretary of State, appeals from the June 29, 2001, judgment of the United States District Court for the Eastern District of New York (Thomas C. P... More...   $0 (06-27-2002 - NY)

The plaintiff in a suit to enforce a patent licensing agreement appeals to us from the grant of summary judgment to the defendants, Dolby for short. Scheiber, the plaintiff, a musician turned inventor who held U.S. and Canadian patents on the audio system known as “surround sound,” sued Dolby in 1983 for infringement of his patents. The parties settled the suit by agreeing that ... More...   $0 (06-17-2002 - IN)

In this case, Petitioner John W. Pierson drove over a seventeen-foot embankment into a gravel pit when the roadway on which he was traveling abruptly ended. His vehicle landed on its roof, and he sustained injuries. The property where the gravel pit was located was owned by Donald C. and Nellie L. Neal, and was under lease to Montrose County. Pierson brought this action against Respondents, Black ... More...   $0 (05-20-2002 - CO)

Dr. David Grabau appeals a final order ... More...   $0 (04-25-2002 - FL)

This appeal raises two significant issues.1 First, as a matter of first impression, we must determine whether the plaintiff, Andrew Vacco,2 as an end user licensee3 of a software product manufactured by the defendant, Mircosoft Corporation, may maintain a claim against the defendant pursuant to the Connecticut Antitrust Act (Antitrust Act), General Statutes § 35- 24 et seq. Second, we must ... More...   $0 (04-09-2002 - CT)

Having settled with Griffioen's estate and employer, Walsh now sues the neighboring landowners for maintaining the tall trees on their property and the Potomac Airfield for operating its runway in an unsafe location. The district court dismissed Walsh's complaint against the landowners pursuant to Fed. R. Civ. P. 12(b)(6) and granted summary judgment for Potomac Airfield. For the reasons that ... More...   $0 (03-27-2002 - MD)

Random House, Inc. appeals from the denial of a preliminary injunction that sought to enjoin appellee Rosetta Books LLC ("Rosetta") from continuing to sell as "ebooks" certain novels whose authors had granted Random House the exclusive right to publish, print, and sell their copyrighted works "in book form." The denial of a preliminary injunction is generally reviewed for abuse of discretion. See ... More...   $0 (03-08-2002 - NY)

We must decide whether federal or state law governs the right to compel arbitration when the underlying agreement contains only a general state choice-of-law clause. In 1986, Milos Sovak, while chairman of the board of Cook Imaging Corporation ("Cook"), co-invented an x-ray enhancing drug called "Ioxilan." Sovak promptly assigned his patent rights to Ioxilan in the United States and Japan to ... More...   $0 (02-19-2002 - CA)

Plaintiff, Mary Lynn Godee, sued defendants, Illinois Youth Soccer Association (IYSA), Northern Illinois Soccer League (NISL), and coaches Mark West and Rob Salazar, seeking damages for injuries she sustained when she slipped and fell in a drainage ditch by a school's field as she walked to the parking lot following her son's practice soccer game. The trial court granted summary judgment for defen... More...   $0 (02-15-2002 - IL)

In this case we are asked to determine whether a claim for breach of duty of loyalty against the claimants’ former attorneys for representing an opposing party in an arbitration should be foreclosed on res judicata grounds where the claimants had previously submitted an unsuccessful motion to disqualify to the arbitration panel. The trial court granted a defense motion for summary judgme... More...   $0 (02-13-2002 - CA)

This case presents the thorny issue whether New York and federal law permit town council members to obtain indemnification under a license agreement. They allegedly failed to investigate charges of racial discrimination levied against the town's licensee, a private "boat and canoe" club. Both the council members and the club, separately and without admitting liability, settled the claims against t... More...   $0 (01-31-2002 - NY)

Appellants Michael Gardner ("Gardner") and Bien Licensing Agency, Inc. ("Bien") (collectively referred to as "Appellants") appeal the District Court's grant of summary judgment to Appellee Nike, Inc. ("Nike"). The District Court held that Appellants lacked standing because the licensee, Sony Music Entertainment Corporation ("Sony"), did not have the right to transfer its rights to Gardner und... More...   $0 (01-31-2002 - CA)

On December 21, 1998, plaintiffs brought an action against defendant, Rolando LaRice (hereinafter LaRice). In their two-count petition, they alleged that they were the children of Mary Jo Piskorski, who was killed on December 4, 1998, when a vehicle driven by LaRice struck her vehicle. They sought actual damages for LaRice's negligent operation of his motor vehicle, including his being intoxicated... More...   $0 (01-29-2002 - MO)

Appellant Laura Sherman was the real estate salesperson on five residential transactions while employed by All Pros LLC, dba Re/Max All Pros (“ All Pros” ). Its br oker and owner, Sue Gutierrez, had originally instructed First American Title, Inc., and Fidelity National Title Agency, Inc. , the escrow agents for the tr ansactions, to make the commission checks payable to Sherman, a... More...   $0 (01-28-2002 - AZ)

The Board of Psychologist Examiners has petitioned for reconsideration of our opinion in Villanueva v. Board of Psychologist Examiners, 175 Or App 345, 27 P3d 1100 (2001). The Board argues that we did not consider whether the failure to give petitioner notice prejudiced him and that, at a minimum, we should remand the case so that it can issue an amended notice of hearing. We allow the petition fo... More...   $0 (01-23-2002 - OR)

Defendant Flora Development, LLC (hereinafter "Flora"), appeals from a declaratory judgment in which the trial court declared the meaning of several provisions in a commercial lease. The trial court entered judgment declaring the rights of the parties under the lease and dismissing defendants' counterclaims in which defendants sought possession and rentals, based upon assertions that plaintiffs, A... More...   $0 (01-02-2002 - NC)

J&M Corporation, John Lazzeroni, and Melinda K. Carevich (“J&M”) appeal from the summary judgment of the United States District Court for the District of Arizona. The district court held that U.S. Reissue Patent Number 34,525 is not infringed by the motorcycle helmet accessories manufactured and distributed by Harley-Davidson, Inc. and Radio Sound, Inc. (“Harley-Davidson”)... More...   $0 (11-06-2001 - AZ)

On June 14, 2000, the United States District Court for the Northern District of California dismissed the patent infringement complaint of Aptix Corporation and Meta Systems, Inc., after ruling that Aptix’s United States Patent No. 5,544,069 (’069 patent) is unenforceable. The trial court refused to enforce the ’069 patent because Aptix submitted falsified engineering notebooks t... More...   $0 (11-05-2001 - CA)

This appeal arises from an action for injunctive relief brought under the Uniform Trade Secrets Act, Civil Code section 3426.1, et. seq. After learning that its trade secret had been revealed in DVD decryption software published on the Internet, plaintiff DVD Copy Control Association (DVDCCA) sought an injunction against defendant Andrew Bunner and numerous other Internet web-site operators to pre... More...   $0 (11-02-2001 - CA)