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Mitigation of Damages Law
 
Chuck Close v. Sotheby's Inc.






In Close v. Sotheby’s, Inc., 894 F.3d 1061 (9th Cir. 2018),
we held that plaintiffs’ claims for resale royalties under the
California Resale Royalties Act (“CRRA”) are expressly
preempted by the 1976 Copyright Act.... More...
   $0 (12-09-2018 - CA)

R. Alexander Acosta v. Melissa W. Cook; Melissa W. Cook & Associates, P.C. and Scott Brian





Defendant-Appellant Scott Brain, a former trustee of the Cement Masons Southern California Trust Funds (the Trust Funds), and Defendants-Appellants Melissa Cook and Melissa W. Cook & Associates, PC (collectively, the Cook Defendants), former counsel to the Trust Funds, a... More...
   $0 (12-09-2018 - CA)

Jerry Hoang v. Bank of America, N.A.





If a creditor fails to make required disclosures under the
Truth in Lending Act (TILA), borrowers are allowed three
years from the loan’s consummation date to rescind certain
loans.1 15 U.S.C. § 1635(f). Borrowers may effect that
rescission s... More...
   $0 (12-09-2018 - WA)

Robert Genisman v. Hopkins Carley

In this legal malpractice action, appellant Robert Genisman alleges his former
attorneys, Hopkins Carley and Mark Heyl (collectively respondents), were negligent in
their representation of him in connection with the 2005 sale of his ownership interest in
two private companies (the Transaction). Genisman alleges the Transaction initially was
structured as a buyout and respondents re... More...
   $0 (12-09-2018 - CA)

James Stuart, individually and on behalf of all others similarly situated; Careda L. Hood v. State Farm Fire and Casualty Company





State Farm Fire and Casualty Company appeals the district court’s1 ruling
certifying a class of Arkansas homeowners who allege that State Farm improperly
withheld amounts for labor depreciation when making payments under their insurance
policies. We held th... More...
   $0 (12-08-2018 - AR)

Lawrence S. Brodsky v. Humana Dental Insurance Company, d/b/a Humana Specialty Benefits





These appeals, which we have consolidated
for purposes of disposition, both concern the Federal
Communication Commission’s “Solicited Fax Rule.” Despite
the decline and fall of the fax machine, litigation continues between
fax advertisers and unwilling recipients of their ... More...
   $0 (12-07-2018 - IL)

Theresa Riffey v. Bruce V. Rauner




When this case was last before our
court, we upheld the district court’s decision declining to certify
a class of home health care assistants (“the Assistants”)
who were seeking a refund of the fair-share fees they had paid
to a union for collective-bargaining representation. W... More...
   $0 (12-07-2018 - IL)

David Haddad v. Randall Gregg



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David Haddad su... More...
   $0 (12-06-2018 - MI)

Melissa Brumley v. United Parcel Service, Inc.

Melissa Brumley injured her back while unloading heavy packages from a United Parcel Service, Inc. (UPS) truck. After receiving workers’ compensation and taking a leave of absence, Brumley returned to work without any injury-related restrictions. Several months later, she sued UPS for failure to accommodate, in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (ADA), as a... More...   $0 (12-06-2018 - TN)

Dr. Jay W. Calvert v. Rima Al Binali

Defendant Rima Al Binali appeals the trial court’s denial of
her motion to vacate the $1,940,506 default judgment entered
against her in favor of plaintiffs Dr. Jay W. Calvert and Jay
Calvert, M.D., a professional corporation. Al Binali asserts that
plaintiffs’ faulty service by publication rendered the judgment
void on its face. We agree and reverse.
FACTS AND PROCEDURAL B... More...
   $0 (12-04-2018 - CA)

SAMUEL W. FIELDS v. KEN MCGOVERN and DEBORAH PORTER



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Because Fi... More...
   $0 (12-04-2018 - KS)

Gregorio Blanco v. Marcelino Torrest Leija, Transportes Especializados RG SA de CV and South Texas M&S LC



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Brown... More...
   $0 (12-03-2018 - TX)

Sleepy's, LLC v. Select Comfort Wholesale Corporation




At all relevant times, Sleepyʹs LLC (ʺSleepyʹsʺ or the ʺplaintiffʺ) was a bed
and mattress retailer obtaining products for resale from a variety of
manufacturers. In that endeavor, it entered into a ʺRetail Partnershipʺ with... More...
   $0 (12-03-2018 - NY)

STATE OF OHIO v. BENJAMIN D. HILL




On March 22, 2017, the Henry County Grand Jury indicted Hill on two
counts: Count One of assault in violation of R.C. 2903.13(A)(5), a fourth-degree
felony and Count Two of aggravated robbery activity in violation of R.C.
2911.01(B), a first-degree felony. (Doc. No. 1).... More...
   $0 (12-02-2018 - OH)

Travelers Property Casualty Company of America v. Engel Insulation, Inc.

Plaintiffs Travelers Property Casualty Company of America, the Travelers
Indemnity Company of Connecticut, and St. Paul Fire and Marine Insurance Company
(collectively, Travelers) filed this action against certain subcontractors to recover
attorneys’ fees and costs Travelers incurred in defending developers Westlake Villas,
LLC and Meer Capital Partners, LLC (collectively, Westlak... More...
   $0 (12-02-2018 - CA)

Bernard Cote, the Personal Representative of the Estate of Judith Berger, v. R.J. Reynolds Tobacco Company and Phillip Morris USA, Inc.




Plaintiff Judith Berger (“Mrs. Berger”)1 sued Philip Morris USA, Inc. (“Philip Morris”) for intentional and unintentional torts, seeking compensatory and punitive damages for smoking-related injuries. After a nine-day, bifurcated trial... More...
   $0 (12-01-2018 - FL)

Hopi Tribe v. Arizona Snowbowl Resort, et al.





¶1 Private parties may bring public nuisance claims in Arizona if the alleged
nuisance caused the plaintiff special injury, meaning “damage [that is] different in kind
or quality from that suffered by the public ... More...
   $0 (11-30-2018 - )

Alice Mayall v. USA Water Polo, Inc.




Alice Mayall brought this putative class action against
USA Water Polo as a representative of her minor daughter,
alleging negligence, breach of voluntary undertaking, and
gross negligence. The gravamen of Mayall’s complaint is
that USA Water Polo failed to im... More...
   $0 (11-29-2018 - CA)

Radha Geismann, M.D., P.C. v. ZocDoc, Inc.





10 Radha Geismann, M.D., P.C. (ʺGeismannʺ) filed a class action complaint
11 against ZocDoc, Inc. (ʺZocDocʺ) in the United States District Court for the
12 Southern District of New York, alleging that it1 received unsolicited telecopiesMore...
   $0 (11-27-2018 - )

David Morgan v. Claudia Davidson

Plaintiff, cross-defendant and respondent David Morgan sued Daniel Pena and
defendant, cross-complainant and appellant Claudia Davidson for battery. Davidson
filed a cross-complaint against Morgan, alleging (1) assault, (2) battery, (3) conversion,
2
and (4) invasion of privacy. The trial court found in favor of Morgan and awarded him
$209,000. Davidson raises three issues on ... More...
   $0 (11-27-2018 - CA)

Darryl L. Elliott, Ralph Steward, Joshua Elliot, Amanda Elliott and Steven Elliott v. Paisan Logistics, LLC, Michael Smelik, Jr. and Dwight P. Roberts




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Akron, OH - Darryl L. Elliott, Ralph Steward, Joshua Elliot, Amanda Elliott and Steven Elliott sued ... More...
   $0 (11-26-2018 - OH)



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Buffalo, NY - Phyliss Davis sued Scott P... More...
   $1 (11-24-2018 - NY)

Yasmin Reyazuddin v. Montgomery County, Maryland



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Yasmin Reyazuddin appeals ... More...
   $0 (11-24-2018 - MD)

Virginia Callahan; T.G. v. Pacific Cycle, Inc.





Virginia Callahan and her minor granddaughter T.G. (“Appellants”) initiated this
action against Pacific Cycle and Toys “R” Us (“Appellees”). Appellants alleged various
strict liability, negligence, and breach of warranty claims, all arising from an acci... More...
   $0 (11-24-2018 - MD)

In re: MCGRAW-HILL GLOBAL EDUCATION HOLDINGS LLC




These consolidated mandamus petitions require us to decide whether two professional photographers bringing separate copyright infringement actions are bound by a forum selection clause in contracts they did not
4
sign. We conclude that the photographers are not bound because t... More...
   $0 (11-23-2018 - PA)

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