Nathaniel Craigmiles and several other plaintiffs challenge a provision of the Tennessee Funeral Directors and Embalmers Act (FDEA) that forbids anyone from selling caskets without being licensed by the state as a "funeral director." Licensing requires an applicant to undergo two years of education and training, very little of which, Craigmiles argues, pertains to casket design or selection. The d... More...   $0 (12-06-2002 - TN)

Under the California Uniform Trade Secrets Act (UTSA), Civil Code, section 3426,1 when does a claim for trade secret infringement arise: only once, when the initial misappropriation occurs, or with each subsequent misuse of the trade secret?
We conclude that in a plaintiff’s action against the same defendant, the continued improper use or disclosure of a trade secret after defendan... More...   $0 (11-22-2002 - CA)

In February 1999, Gravity filed this action in the United States District Court for the District of Columbia, alleging a "hub-and-spoke" conspiracy between Microsoft and the OEM Defendants to restrain trade, in violation of § 1 of the Sherman Act, and a conspiracy to maintain Microsoft's alleged monopolies1 in the sale of operating systems, 2 word processing, and spreadsheet software, in viol... More...   $0 (10-29-2002 - MD)

This case concerns certain obligations that the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (codified at 47 U.S.C. § 251 et seq.), ("the Act"), imposed on incumbent providers of local telephone service. Two of the Act's obligations on incumbent service providers, such as Southwestern Bell ("SWBT"), are at issue in this case: a resale duty and a duty to provide access to eleme... More...   $0 (10-17-2002 - OK)

ST is a Delaware corporation having a principal place of business in Carrollton, Texas.(1) ST manufactures and supplies se... More...   $0 (10-01-2002 - MI)

While the Microsoft antitrust case has captured much media attention, this antitrust case is just as important to the computer program developers involved. Here, the Lantec companies appeal a district court order dismissing state-law contract and promissory estoppel claims on summary judgment. The Lantec companies also argue the district court incorrectly granted Novell, Inc.'s ("Novell") motion f... More...   $0 (09-20-2002 - UT)

Southwestern Bell Telephone Company appeals from a jury verdict finding it guilty of monopolistic behavior in violation of Oklahoma state law and assessing damages of over $7 million, trebled to over $20 million. At issue is Southwestern Bell's domination of the Oklahoma pay phone market, a market it legally monopolized, under the oversight of the Oklahoma Corporation Commission (OCC), until Novem... More...   $7465450 (09-11-2002 - OK)

Plaintiff Maris Distributing Company (Maris) brought this antitrust action against Defendant Anheuser-Busch, Inc. (Anheuser-Busch), alleging in part that Anheuser-Busch violated §1 of the Sherman Act by prohibiting its distributors from being owned, in whole or in part, by the public. Maris contended that this restriction, contained in Anheuser-Busch's distribution agreements, suppressed the price... More...   $0 (08-23-2002 - FL)

FACTUA... More...   $0 (08-12-2002 - TX)

2. Two issues are presented for review. First, does the volun... More...   $0 (07-16-2002 - WI)

This is an appeal of a dismissal of a class action brought on behalf of a class consisting of customers who received local phone service in the region served by Bell Atlantic from a company other than Bell Atlantic. 1 In recent years, the federal government has changed its policy with respect to the structure of local phone service markets, which had been controlled by state-sanctioned local monop... 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)

Appellant Ira W. Black, Jr. appeals the district court's declaratory judgment entered in favor of the City of Killeen. Black owns five apartment buildings built between 1986 and 2000 in the City of Killeen, a home rule municipality. See Tex. Const. art. XI, § 5; Tex. Loc. Gov't Code Ann. § 5.004 (West 1999). At issue in this appeal are tap fees assessed by the City for apartment buildings Black co... More...   $0 (05-31-2002 - TX)

Defendants-Appellants, United States Tobacco Company, United States Tobacco Sales and Marketing Company, Inc., United States Tobacco Manufacturing Company, Inc., and UST, Inc. (herein collectively referred to as "USTC") appeal from the March 29, 2000 order, after trial by jury, entering judgment in favor of Plaintiffs, Conwood Company, L.P. and Conwood Sales Company, L.P. ("Conwood") for Defendant... More...   $1050000000 (05-15-2002 - KY)

The relevant facts follow. Plaintiff Proulx purchased a "Millenia Max 65133" personal computer from J&B Diversified Associates ... More...   $0 (05-06-2002 - NH)

The plaintiffs in this Sherman Act price-fixing case appeal from the grant of summary judgment to the defendants. The plaintiffs had opted out from a large antitrust litigation, other phases of which are discussed at 123 F.3d 599 (7th Cir. 1997), and 186 F.3d 781 (7th Cir. 1999); despite some overlap with the issues in the other phases, it will simplify analysis to treat this offshoot of... More...   $0 (05-06-2002 - IL)

Eppendorf is a German company which manufactures medical and laboratory equipment. At issue in this case is Eppendorf's line of disposable pipette tips(2) and dispenser syringes capable of accurate and rapid "multiple dispensing" of liquids. Eppendorf's disposable pipette tips are sold in the United States marked with the word-marks "COMBITIPS," "EPPENDORF" and "EPPENDORF COMBITIPS" (hereinafter r... More...   $0 (04-22-2002 - MS)

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)

Despite professional soccer's popularity abroad, the sport has achieved only limited success in this country. Several minor leagues have operated here (four such leagues exist today), but before the formation of MLS, only one other U.S. professional league--the North American Soccer League ("NASL")--had ever obtained Division I, or top-tier, status. Launched in 1968, the NASL achieved some success... More...   $0 (03-21-2002 - MA)

Chuck Gardner appeals the judgment of the district court for Nevada denying his motion for a preliminary injunction against the State Bar of Nevada et al. (the State Bar) and dismissing his complaint with prejudice. Gardner sought the injunction to prevent the State Bar from conducting a public relations campaign. We hold that the campaign does not violate Gardner's right under the First Ame... More...   $0 (03-21-2002 - NV)

1. Whether Berghausen, as an indirect purchaser, had standing to bring his antitrust claim against Microsoft;
2. Whether Berghausen's allegation of degradation of his computer's performance states a claim of... More...   $0 (03-13-2002 - IN)

In March, 2000, appellants, Bobby Davidson and Tri County Industries, Inc., brought suit in the Circuit Court for Prince George’s County on behalf of a class of Maryland consumers claiming appellee, Microsoft Corporation, overcharged them for its Windows 98 computer operating system. Appellants claimed that appellee’s practices were a monopolization, in violation of the Maryland ... More...   $0 (02-28-2002 - MD)

Five manufacturers of thermal facsimile paper- -a product now obsolete--are accused in this class action of conspiring to reduce output and raise price in this business from 1990 to 1992. The paper business has a long history of cartelization; criminal prosecutions and civil antitrust actions are depressingly common. In 1995 the Department of Justice brought a criminal prosecution agains... More...   $0 (02-06-2002 - WI)

Plaintiff, Charlotte Mays, appeals from the district court's order dismissing Plaintiff's claims of discrimination on the basis of marital status, pursuant to the Equal Credit Opportunity Act, 15 U.S.C. § 1691(a)(1), and provisions of Regulation B of the Equal Credit Opportunity Act, 12 C.F.R. Part 202; deprivation of "due process and natural justice;" and violations of Ohio statutes ... More...   $0 (01-22-2002 - OH)

The following statement of facts is taken in part from this court's decision in Lucas Auto. Eng'g, Inc. v. Bridgestone/ Firestone, Inc., 140 F.3d 1228 (9th Cir. 1998). Coker Tire a... More...   $0 (12-26-2001 - CA)