The Telecommunications Act of 1996 (“Act” or “1996 Act”), Pub. L. 104-104, 110 Stat. 56 (codified in part at 47 U.S.C. §§ 251-261, 271), created a complex federal scheme to encourage competition in local telephone service markets previously dominated by state-sanctioned local exchange carrier monopolies. AT&T Corp. v. Iowa Utils. Bd., 525 U.S. 366, 371-72, 377-80 (1999). Sections 251 and... More...   $0 (06-08-2009 - AZ)

Plaintiff, John Crane Inc. (Crane), appeals from the grant of a preliminary injunction enjoining it from engaging in any other litigation in any forum related to insurance coverage for asbestos claims against John Crane. Certain defendants also appeal the trial court’s denial of their motion to extend the injunction through all appeals in this proceeding. For the following reasons, we affirm the... More...   $0 (05-29-2009 - IL)

¶1 The above styled and numbered causes are consolidated for disposition by a single opinion.1 We granted certiorari to consider an issue of first impression: whether Oklahoma courts have jurisdiction over a private party's suit alleging violation of the Telecommunications Consumer Protection Act (TCPA), 47 U.S.C. §227 (2005).2

¶2 We join the almost unanimous pronouncements of extant fed... More...   $0 (05-26-2009 - OK)

Respondent Javaid Iqbal is a citizen of Pakistan and aMuslim. In the wake of the September 11, 2001, terroristattacks he was arrested in the United States on criminal charges and detained by federal officials. Respondentclaims he was deprived of various constitutional protections while in federal custody. To redress the allegeddeprivations, respondent filed a complaint against numerous federal off... More...   $0 (05-18-2009 - NY)

The members of the Nebraska Public Service Commission,1 and the Director of the Telecommunications Infrastructure and Public Safety Department2 (collectively NPSC),3 appeal the district court's4 order enjoining the NPSC's enforcement of the Nebraska Telecommunication Universal Service Fund Act (NUSF), Neb. Rev. Stat. §§ 86-316 to 86-329, requiring nomadic interconnected voice over internet proto... More...   $0 (05-01-2009 - NE)

Axxis Network & Telecommunications, Inc. (Axxis) appeals from the court’s order denying its petition to compel arbitration of former employees’ claims that they had not been paid the prevailing wage rate for work performed on projects for the Los Angeles Unified School District (LAUSD) as required by Labor Code section 1770 et seq. governing public works projects. We agree with the trial court... More...   $0 (04-30-2009 - CA)

This class action appeal arises from a finding of no liability under the Illinois Minimum Wage Law (820 ILCS 105/1 et seq. (West 2000)) for the defendant, Tellabs, Inc., after a bifurcated trial. Judge Billik ruled that Tellabs's policy of imposing unpaid days off following or preceding paid holidays to cope with difficult economic conditions satisfied the "salary basis test" because the days off ... More...   $0 (04-27-2009 - IL)

Plaintiff, Adrienne Curcio, appeals the trial court’s order granting the defendant’s motion to compel arbitration a n d dismiss her lawsuit. Because the trial court failed to conduct an evidentiary hearing pursuant to section 682.03(1), Florida Statutes (2005), on plaintiff’s unconscionability challenge to the enforceability of the arbitration provision, we reverse and remand for such a hear... More...   $0 (04-08-2009 - FL)

Plaintiffs-appellants John Miller, Jr., the Canton Police Patrolman’s Association (“Union”), and Steven Fowler appeal the district court’s grant of summary judgment in favor of defendants-appellees the City of Canton (the “City”), Safety Director Bernard Hunt, Chief of Police Dean McKimm, Ronald Shank, and Gregory Boudreaux. The plaintiffs allege that the defendants retaliated against ... More...   $0 (04-06-2009 - OH)

The United States Patent and Trademark Office (“USPTO”) appeals the April 1, 2008 decision of the United States District Court for the Eastern District of Virginia granting summary judgment that four recently promulgated rules exceed the scope of the USPTO’s rulemaking authority. Because we conclude that the four rules are procedural, but that Rule 78 is inconsistent with 35 U.S.C. § 120, w... More...   $0 (03-20-2009 - DC)

This appeal presents a dispute between a construction company and two insurers. Plaintiff-Appellee Danrik Construction, Inc. (“Danrik”) asserts that Defendants-Appellants American Casualty Company of Reading, Pennsylvania (“ACC”) and Transcontinental Insurance Company (“TIC”) (collectively, “Insurers”) breached their fiduciary duty to Danrik by failing to pay several claims under D... More...   $0 (03-17-2009 - TX)

Plaintiff-Appellant Kam-Ko Bio-Pharm Trading Co., Ltd- Australasia (Kam-Ko) successfully sued Defendants- KAM-KO BIO-PHARM v. MAYNE PHARMA 3193 Appellees Mayne Pharma (USA) Inc. (Mayne) in district court to compel arbitration before the International Chamber of Commerce (ICC). A short time later, however, Kam-Ko filed a new lawsuit in district court seeking a declaration that the ICC’s $220,000 ... More...   $0 (03-15-2009 - WA)

The Sierra Club, along with two other conservation groups (for simplicity we refer only to the Sierra Club), challenges the Forest Service's approval of two forest resource management projects in the White Mountain National Forest ("Forest" or "WMNF"): the Than Forest Resource Management Project ("Than Project") and the Batchelder Brook Vegetation Management Project ("Batchelder Project"). The di... More...   $0 (03-06-2009 - NH)

On July 24, 2000, The Williams Companies, Inc. (“WMB”) announced that it would be spinning off its telecommunications subsidiary, Williams Communications Group (“WCG”), in a move that it called “the best way to ensure that both our energy and communications businesses have the efficient and effective access to the capital necessary to pursue the substantial growth that each enjoys.” No... More...   $0 (02-18-2009 - OK)

Firstcom, Inc. (“Firstcom”) appeals the district court’s1 order dismissing all of its claims against Qwest Corporation (“Qwest”). We affirm. 2ILECs are “existing telephone companies, which previously held monopolies,” Sw. Bell Tel., L.P. v. Mo. Pub. Serv. Comm’n, 530 F.3d 676, 680 (8th Cir. 2008); see 47 U.S.C. § 251(h), whereas CLECs are “newcomers,” Sw. Bell Tel., L.P., 530 ... More...   $0 (02-09-2009 - MN)

The issue in this case of peer-on-peer sexual harassment is whether Title IX of the Education Amendments of 1972, 86 Stat. 373, 20 U. S. C. §1681(a), precludes an action under Rev. Stat. §1979, 42 U. S. C. §1983, alleging unconstitutional gender discrimination in schools. The Court of Appeals for the First Circuit held that it does. 504 F. 3d 165 (2007). We reverse. I

Because this case... More...   $0 (01-24-2009 - MA)

Verizon Communications, Inc. sued OnlineNIC on a cybersquatting theory claiming that Defendant wrongfully registered Internet domain names purposely similar to the telecommunications giant's trademarks. Verizon claimed that OnlineNic unlawfully registered at least 663 domain names that were either identical to or confusingly similar to Verizon trademarks.

OnlineNIC did not answer or defen... More...   $33200000 (12-25-2008 - CA)

A jury awarded Visible Systems Corporation ("VSC") trademark infringement damages of $250,000 against Unisys Corporation on a reverse confusion claim. See 15 U.S.C. § 1125(a). The district court also issued a permanent injunction prohibiting Unisys from using the trademarks or service marks 3D VISIBLE ENTERPRISE, 3D-VE, or VISIBLE in the United States in the enterprise modeling or enterprise arch... More...   $250000 (12-23-2008 - MA)

[¶1] These two consolidated appeals arise from the dismissal of a complaint for lack of personal jurisdiction. Richard and Miracles Meyer reside in Teton County, Wyoming. They own real property in the State of Hawaii. Tony Hatto and Ben Sullivan reside in Hawaii. They are partners in a business known as Design Workshop, also based in Hawaii. The Meyers entered into a contract with Design Workshop... More...   $0 (12-23-2008 - WY)

A jury awarded Visible Systems Corporation ("VSC") trademark infringement damages of $250,000 against Unisys Corporation on a reverse confusion claim. See 15 U.S.C. § 1125(a). The district court also issued a permanent injunction prohibiting Unisys from using the trademarks or service marks 3D VISIBLE ENTERPRISE, 3D-VE, or VISIBLE in the United States in the enterprise modeling or enterprise arch... More...   $0 (12-23-2008 - MA)

{¶1} Bringing forth a single assignment of error, defendants-appellants Spectrum Networks, Inc. (“SNI”), a telecommunications provider, and Troy McCracken, the president and chief executive officer of SNI, appeal the trial court’s judgment that disqualified their trial counsel, Gregory Utter, from representing them in further proceedings related to plaintiff-appellee Gary Lee Brown’s laws... More...   $0 (12-19-2008 - OH)

Devonna Culpepper brought this action against the Secretary of the United States Department of Agriculture (“USDA”), alleging that the USDA discriminated against her because she is disabled and retaliated against her for engaging in protected conduct. The district court granted the USDA’s motion for summary judgment. Culpepper appeals, and for the following reasons, we reverse.

I. BAC... More...   $0 (12-01-2008 - AR)

The spiraling cost of brand-name prescription drugs is a matter of great concern to government at every level. New Hampshire has attempted to curb this escalating problem by enacting innovative legislation. Certain affected companies have challenged New Hampshire's legislative response, and that challenge raises important constitutional questions that lie at the intersection of free speech and cyb... More...   $0 (11-28-2008 - NH)

T-Mobile, LLC, (“T-Mobile”) brought this action challenging the decision of the Unified Government of Wyandotte County/Kansas City, Kansas (“Unified Government”) to deny T-Mobile’s application for a Special Use Permit to construct a wireless telecommunications facility. T-Mobile sought declaratory, injunctive, and mandamus relief. The parties filed cross-motions for summary judgment and ... More...   $0 (11-20-2008 - KS)

13 Harold Bonime brought a putative class action in federal court in New York alleging
14 violations of the Telephone Consumer Protection Act, 47 U.S.C § 227(b)(1)(C) (“TCPA”).
15 Federal jurisdiction was grounded in diversity of citizenship. See 28 U.S.C. § 1332(d)(2). The
16 district court dismissed the complaint because New York law does not permit private actions for
17 v... More...   $0 (11-03-2008 - NY)