| DEL MONTE FRESH PRODUCE N.A., INC., et al. v. TRANSPORTATION INSURANCE CO. |
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Plaintiffs, six different Del Monte companies (to which we refer collectively as "Del Monte"), brought a declaratory judgment action against their insurance carrier, Transportation Insurance Company. Del Monte's general liability policy with Transportation includes coverage for claims of personal injury or advertising injury. Del Monte took the position that this coverage was triggered b... More... $0 (09-07-2007 - IL) |
| Joe Comes and Comes Vending, Inc. vs. Microsoft Corporation, A Washington Corporation |
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A group of computer consumers filed suit alleging Microsoft Corporation maintained or used a monopoly in conjunction with its Windows 98 operating system for the purpose of excluding competition or controlling, fixing, or maintaining prices in violation of the Iowa Competition Law. See Iowa Code §§ 553.4, 553.5 (1997). On appeal, the consumers urge us to find our state antitrust law is not contr... More... $180000000 (09-06-2007 - IA) |
| ZILA, INC., a Delaware Corporation v. James E. Tinnell |
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Appellant James Tinnell developed a liquid solution to treat lesions caused by the herpes virus. He applied for a patent on the treatment and acquired a defunct corporation, now named Zila, as a vehicle for marketing and selling the product, now called Zilactin. Tinnell subsequently entered an agreement with Zila that assigned all rights in his invention to the company in return for roy... More... $0 (09-05-2007 - NV) |
| Leegin Creative Leather Products v. PSKS, Inc., dba Kay's Kloset...Kay's Shoes |
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In Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U. S. 373 (1911), the Court established the rule that it is per se illegal under §1 of the Sherman Act, 15 U. S. C. §1, for a manufacturer to agree with its distributor to set the minimum price the distributor can charge for the manufacturer’s goods. The question presented by the instant case is whether the Court should overrule the per ... More... $0 (06-27-2007 - TX) |
| Board of Education, Moriarty Municipal School District v. Thunder Mountain Water Company |
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{1} Petitioner Board of Education, Moriarty Municipal School District (School District) appeals from an opinion of the Court of Appeals, which affirmed the district court's decision that the School District must pay Respondent Thunder Mountain Water Company (Thunder Mountain) the fair market value of its property in a condemnation action and that deducting the amount of a "contribution i... More... $0 (06-01-2007 - NM) |
| Conmed v. Johnson & Johnson |
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Conmed Corporation sued Johnson & Johnson on an anti-trust theory claiming that it could not sell its surgical instruments to hospitals that were being bullied into purchasing products from Johnson & Johnson. Conmed accused Johnson & Johnson of illegally using its monopoly as a maker of sutures to force hospitals to buy its surgical products, resulting in higher prices to consumers and t... More... $11000000 (04-06-2007 - NY) |
| Lori Rubinstein Physical Therapy, Inc., et al. v. PIPN, Inc., et al. |
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In 1982, the California Legislature enacted legislation that paved the way for the proliferation of a new kind of health care service plan, the preferred provider organization (PPO). That year, the Legislature amended Insurance Code section 10133 to allow private health insurers to contract with hospitals and providers of medical services for alternative rates of payment for those services,... More... $0 (03-23-2007 - CA) |
| Daniel Wallace v. International Business Machines Corporation, Red Hat, Inc. and Novell, Inc. |
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Does the provision of copyrighted software under the GNU General Public License ("GPL") violate the federal antitrust laws? Authors who distribute their works under this license, devised by the Free Software Foundation, Inc., authorize not only copying but also the creation of derivative works - and the license prohibits charging for the derivative work. People may make and distribute de... More... $0 (11-14-2006 - IN) |
| Gary Schor v. Abbott Laboratories |
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People infected by the human immunodeficiency virus (HIV), a retrovirus that causes the acquired immune deficiency syndrome (AIDS), can slow the progress of the disease by taking protease inhibitors, which hamper HIV's ability to copy itself into additional cells. Abbott Laboratories holds a patent on Norvir® (ritonavir), one such drug. When used in doses high enough to work as a stand-a... More... $0 (08-01-2006 - IL) |
| Big Sky Excavating, Inc., et al. v. Illinois Bell Telephone Company, et al. |
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Plaintiffs brought an action in the circuit court of Madison County challenging the constitutionality of section 13-502.5 of the Public Utilities Act (220 ILCS 5/13-502.5 (West 2002)), which abated proceedings then pending before the Illinois Commerce Commission and mandated that $90 million be refunded to certain customers of telecommunication services. On plaintiffs' motion for summary judgm... More... $0 (01-10-2006 - IL) |
| Steven R. Preminger and Santa Clara County Democratic Central Committee v. Anthony J. Principi, as Secretary of Veterans Affairs, et al. |
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| CONFEDERATED TRIBES OF SILETZ INDIANS OF OREGON; SMOKEY POINT HARDWOOD, INC., et al. v. WEYERHAEUSER COMPANY |
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Ross-Simmons Hardwood Lumber Company brought this action against Weyerhaeuser Company for antitrust violations under Section 2 of the Sherman Act.1 Ross-Simmons alleged that Weyerhaeuser monopolized and attempted to monopolize the Pacific Northwest input market for alder sawlogs through its purchases of sawlogs. Ross-Simmons prevailed in a jury trial on both its monopolization and attem... More... $78769218 (05-31-2005 - OR) |
| United Airlines, Inc., and The Official Committee of Unsecured Creditors v. U.S. Bank N.A. and The Bank of New York, etc. |
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When United Airlines entered bankruptcy in 2002, it operated about 460 airplanes. Some 175 of these had been acquired via financing leases subject to 11 U.S.C. §1110, which provides that to retain leased planes a debtor must pay the whole rent. The statute contains an exception for consensual workouts, see §1110(b), and United's lessors initially agreed to accept less than the contractua... More... $0 (05-17-2005 - IL) |
| American Circuit Breakers Corporation v. Oregon Breakers, Inc., et al. |
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Few subjects have generated more ink and consternation in the trademark arena in recent years than the topic of parallel imports/gray market goods. In general terms, a gray market good, often referred to as a parallel import, is "[a] foreignmanufactured good, bearing a valid United States trademark, that is imported without the consent of the United States trademark holder." K Mart Corp... More... $0 (04-26-2005 - OR) |
| Jennifer Gallivan v. AT&T Corporation |
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The issue presented is whether the federal filed rate doctrine should apply to a telephone charge that is included in a tariff voluntarily filed with the Federal Communications Commission (FCC). We find that it does and that the charge is therefore not subject to a claim for damages. The trial court's judgment of dismissal after sustaining a demurrer without leave to amend is affirmed. ... More... $0 (12-17-2004 - CA) |
| State of New York, et al. v. Bristol-Myers Squibb Company, et al. |
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Michigan Attorney General Mike Cox announced today that Michigan will receive over $3 million as part of its settlement with the Bristol-Myers Squibb Company, the makers of Buspar®. The settlement stems from an antitrust case which alleged fraudulent conduct and price-fixing on the part of Bristol-Myers Squibb. "When a company tries to circumvent the market to charge consumers... More... $3000000 (12-17-2004 - NY) |
| Hi Limited, et al. d/b/a Hooters of America's v. Winghouse of Florida, d/b/a Ker's WingHouse, et al. |
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In the legal equivalent of a game winning touchdown late in the fourth quarter, a federal court judge passed down a directed verdict yesterday stating Ker's WingHouse had not infringed on Hooters of America's trade dress, and would not have to change the appearance of its wait staff or buildings. The jury awarded the WingHouse $1.2 million to cover the defendants' costs incurred throughout the ... More... $1200000 (12-03-2004 - FL) |
| Superbrace, Inc. v. Kelly Tidwell, et al. |
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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) |
| Kim Powers, et al. v. Joe Harris, etc. |
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Hornbook constitutional law provides that if Oklahoma wants to limit the sale of caskets to licensed funeral directors, the Equal Protection Clause does not forbid it. See Fitzgerald v. Racing Assoc. of Cent. Iowa, 539 U.S. 103, 109 (2003) (holding that the Equal Protection Clause does not prohibit Iowa's differential tax rate favoring the intrastate racetrack over the intrastate riverboat gam... More... $0 (08-26-2004 - OK) |
| The Skull Valley Band of Goshute Indians and Private Fuel Storage, L.L.C. v. Dianne R. Nielson, et al. |
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The Governor and Attorney General of Utah, along with Utah environmental and transportation officials, appeal the district court's ruling that the state's statutes regulating the storage and transportation of spent nuclear fuel are preempted by federal law. See Skull Valley Band of Goshute Indians v. Leavitt, 215 F. Supp. 2d 1232 (D. Utah 2002). The Utah officials argue that the district court ... More... $0 (08-05-2004 - UT) |
| John Doe v. Microsoft Corporation |
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Class action against Microsoft Corporation alleging that the company abused its Windows monopoly to overcharge for its software. ... More... $241000000 (07-02-2004 - MN) |
| CoStar Group, Inc., et al. v. Loopnet, Inc. |
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CoStar Group, Inc. and CoStar Realty Information, Inc. (collectively "CoStar"), a copyright owner of numerous photographs of commercial real estate, commenced this copyright infringement action against LoopNet, Inc., an Internet service provider, for direct infringement under §§ 501 and 106 of the Copyright Act because CoStar's copyrighted photographs were posted by LoopNet's subscribers o... More... $0 (06-21-2004 - MD) |
| State of Ohio, et al. v. Bristol-Myers Squibb Company |
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On June 4, 2002, the Attorneys General of 31 states, territories and the District of Columbia filed a lawsuit in federal district court in the District of Columbia against drug manufacturer Bristol-Myers Squibb Company ("Defendant"). The lawsuit, entitled State of Ohio, et al. v. Bristol- Myers Squibb Co., Case Number 1:02CV01080 (D.D.C.), claims that the Defendant violated state and feder... More... $55000000 (06-02-2004 - OH) |
| Stuart Aaron Hallam v. Alaska Airlines, Inc. |
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This appeal is the culmination of a series of customer service disputes between Stuart Hallam and Alaska Airlines. Hallam sued the airline, alleging that by failing to honor various terms of his plane tickets, it breached a series of contracts. He -2- 5809 also alleged, on behalf of a class of passengers, that the airline's standard ticket terms and policies violate Alaska's Unfair Tr... More... $0 (05-21-2004 - AK) |
| Star Fuel Marts, LLC v. Sam's East, Inc. |
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Defendant-Appellant Sam's East, Inc. ("Sam's") appeals from an order granting Plaintiff-Appellee Star Fuel Marts, LLC's ("Star") Motion for Temporary Restraining Order and Preliminary Injunction seeking to enjoin and restrain Sam's from selling motor fuel below cost as defined by the Oklahoma Unfair Sales Act, Okla. Stat. tit. 15, §§ 598.1 .11 ("OUSA"). On appeal, Sam's argues that the distri... More... $0 (03-24-2004 - OK) |
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