Harold Bonime, et al. v. Avaya, Inc. |
13 Harold Bonime brought a putative class action in federal court in New York alleging |
Harold Bonime, et al. v. Avaya, Inc. |
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 violations of the TC... More... $0 (11-03-2008 - NY) |
Golden Spread Electric Cooperative, Inc. v. Denver City Energy Associates, L.P. |
“When you’re winning, you make it easy, when you’re losing you make it hard, when you don’t know, you give it to the judge, that’s what lawyers do.” |
Mark Levy v. Sterling Holding Company, LLC; National Semiconductor Corporation; Fairchild Semiconductor International, Inc. |
Mark Levy filed a shareholder derivative suit on behalf of Fairchild Semiconductor International, Inc. (“Fairchild”) against Sterling Holding Company, LLC (“Sterling”) and National Semiconductor Corporation (“National”) for disgorgement of short-swing profits, pursuant to section 16(b) of the Exchange Act of 1934. National and Sterling contend that two separate SEC Rules, 16b-3 and 16b... More... $0 (10-01-2008 - DE) |
Cincinnati Insurance Company v. George Hofmeister and Kay Hofmeister |
This is the appeal and cross-appeal of a judgment entered in Scott Circuit Court after a jury found Cincinnati Insurance Company (CIC) liable to George and Kay Hofmeister for fraudulent misrepresentation and for violation of the Kentucky Unfair Claims Settlement Practices Act (UCSPA), Kentucky Revised Statutes (KRS) 304.12–230. CIC appeals the trial court’s denial of its motions for summary ju... More... $0 (10-01-2008 - KY) |
Michael Germano v. International Profit Association, Inc., et al. |
Michael Germano is a man with a severe hearing impairment who applied for a tax advisor position with Defendant International Tax Advisors, Inc. (“ITA”). Believing that ITA rejected him for the position because of his disability, he filed suit against ITA in district court under the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12111-17 (2000). He also named as defendants other c... More... $0 (09-15-2008 - IL) |
Frankie White, et al. v. The Coca-Cola Company |
In this appeal we consider whether a plan administrator’s reduction of benefits under a long-term-disability plan based on a participant’s receipt of Social Security disability benefits is reasonable and entitled to deference. Frankie White and Leon Warner appeal the summary judgment against their complaints for benefits under the Coca-Cola Company Long Term Disability Income Plan, which is go... More... $0 (09-10-2008 - GA) |
Level 3 Communications, L.L.C. v. City of St. Louis, Missouri |
In this licensing dispute with the City of Saint Louis, Level 3 appeals, challenging, among other things, the district court's1 denial of Level 3's motion to reopen discovery and the court's grant of summary judgment in the City's favor on the City's claim that neither the license agreement between the parties nor St. Louis City Revised Code Chapter 23.64 (the city ordinance) prohibits or effectiv... More... $0 (09-03-2008 - MO) |
Michael McKee v. AT&T Corporation |
Michael McKee filed this class action suit, alleging AT&T wrongly charged him (and others) city utility surcharges and usurious late fees. When the Chelan County Superior Court found the dispute resolution provision of AT&T's Consumer Services Agreement unconscionable and denied its motion to compel arbitration, AT&T appealed. The Court of Appeals, Division Three, certified the case to this ... More... $0 (08-31-2008 - WA) |
Richard A. Yabsley v. Cingular Wireless, LLC |
Respondent Cingular Wireless, LLC (Cingular) advertises a cellular phone for sale at half the retail price if the purchaser also enrolls in a calling plan package. The California Code of Regulations requires that the sales tax must be computed against the non-sale price of the product. The regulation permits, but does not require, that the charge be passed on to the customer. Cingular does so with... More... $0 (08-19-2008 - CA) |
Jared A. Peck, et al. v. Cingular Wireless, LLC, et al. |
Appellant Jared A. Peck (“Appellant”) appeals the district court’s grant of the motion to dismiss the complaint filed by Appellees Cingular Wireless, LLC and its subsidiaries (collectively, “Cingular” or “Appellees”). We have jurisdiction pursuant to 28 U.S.C. § 1291 and vacate and remand the decision of the district court. |
Certain Underwriters at Lloyd's, London, Certain London Market Insurance Companies |
Plaintiffs Certain Underwriters at Lloyd’s, London, and Certain London Market Insurance Companies1 sought a judicial declaration of their obligations under reinsurance and direct insurance contracts involving defendant Astro Limited (Astro), serving as both the reinsured and direct, captive insurer, and defendant Boeing Company (Boeing), the direct insured. The circuit court of Cook County grant... More... $0 (07-18-2008 - IL) |
Empress Casino Joliet Corporation, et al. v. Alexi Giannoulias, Treasurer of the State of Illinois, et al. |
In this case, we are asked to determine the constitutionality of Public Act 94–804 (the Act), which imposed, for a two-year period beginning on the effective date of the amendatory Act, a 3% surcharge on the four riverboat casinos in Illinois that had adjusted gross receipts (AGR) of over $200 million in the calendar year 2004. The remaining five riverboat casinos, all of which had AGRs below $2... More... $0 (07-17-2008 - IL) |
North American Truck & Trailer, Inc. v. M.C.I. Communication Services, Inc. d/b/a Verizon Business Services |
[1.] North American Truck & Trailer, Inc. (NATT) appeals from an order of judgment dismissing its claim for fraud and deceit against M.C.I. Communication, Inc. d/b/a Verizon Business Services (MCI). We reverse and remand. FACTS AND PROCEDURAL HISTORY [2.] NATT is a South Dakota corporation with its principal place of business in Sioux Falls, South Dakota. MCI is a Delaware corporat... More... $0 (06-19-2008 - SD) |
Carlos Arteaga v. Brink's Incorporated |
An employee at an armored transportation company was the subject of an internal investigation into missing cash and knew he could be terminated depending on the outcome. During the investigation, he notified his employer for the first time that he was suffering from pain and numbness in his arms, fingers, shoulders, and feet; he stated he had been experiencing those symptoms for a year or two;... More... $0 (05-30-2008 - CA) |
Worldwide Network Services, LLC v. DynCorp International, LLC, et al. |
Worldwide Network Services ("WWNS') sued DynCorp International on breach of contract and other theories for the damages that it claimed that it sustained as a result of the conduct of DynCorp which WWNS claimed was racially motivated. WWNS provided telecommunications services to DynCorp in Iraq and Afghanistan on government contracts awarded to DynCorp. WWNS claimed that DynCorp forced it off ... More... $15000000 (05-17-2008 - DC) |
Cross Country Land Services, Inc. v. PB Telecommunications, Inc., et al. |
This case involves a dispute over the validity of and payment due under a contract between Cross Country Land Services (hereinafter "Cross Country") and PB Network Services (hereinafter "PBNS"). The payments sought under the contract were alleged to be due for work performed by Cross Country on a large fiber optic telecommunications project (hereinafter "the Project") owned by Level 3 Communi... More... $0 (05-02-2008 - CO) |
DIRECTV v. John J. Rawlins |
Appellant DIRECTV, Inc. ("DIRECTV"), a satellite television service provider, commenced this action in the Western District of North Carolina against appellee John Rawlins. DIRECTV alleged that Rawlins utilized illegal devices to access DIRECTV television programming beyond the level of his paid subscription in violation of, as relevant here, the Cable Communications Policy Act of 1984 (the ... More... $0 (04-24-2008 - MD) |
Alfred West v. IDT Corporation |
Alfred West sued IDT Corporation of Newark, New Jersey on a breach of contract and bad faith and fair dealing theories for failing to perform the terms of a handwritten contract drafted by IDT's Chairman while recruiting West, a telecommunications entrepreneur. ... More... $10500000 (04-19-2008 - MA) |
Peter P. Jonites, et al. v. Exelon Corporation, et al. |
This appeal requires us to analyze the relation between section 301(a) of the Labor Management Relations Act (Taft-Hartley), 29 U.S.C. 185, which authorizes federal suits to enforce collective bargaining agreements, and the Fair Labor Standards Act, 29 U.S.C. 201 et seq., the federal minimum-wage and maximumhour law. The plaintiffs represent a class (an "opt-in" class under 29 U.S.C. ... More... $0 (04-03-2008 - IL) |
Logix Communications, L.P. v. The Public Utility Commission of Texas |
On June 30, 2005, AT&T Texas ("AT&T") initiated an arbitration proceeding before the Public Utility Commission of Texas ("PUC") regarding its interconnection agreement with Logix Communications, L.P. ("Logix"), seeking postinterconnection agreement dispute resolution regarding unbundled network element ("UNE") declassification by wire center.1 AT&T sought to establish that its method of deter... More... $0 (03-17-2008 - TX) |
Larry Darveau v. Detecon, Inc. |
After Detecon, Inc., a small wireless telecommunications consulting company, discharged one of its officers, Larry Darveau, he brought this action, alleging that Detecon had not paid him overtime in violation of the Fair Labor Standards Act of 1938 ("FLSA" or the "Act"), 29 U.S.C. 207 (2000). Fifteen days later, Detecon filed a fraud suit in state court against Darveau. Darveau then amended... More... $0 (01-31-2008 - VA) |
Ernest Bustos v. Schwabe, Williamson & Wyatt, P.C. |
Ernest Bustos appeals the trial court's granting of Schwabe, Williamson & Wyatt, P.C.'s motion for summary judgment. Summary judgment was granted not only as to Schwabe's claims against Bustos but also as to Bustos's counterclaim against Schwabe. In addition to the summary judgment, Bustos appeals the denial of his motion to recuse the trial judge who granted summary judgment as to Schwabe's ... More... $0 (01-25-2008 - TX) |
IFC Credit Corporation v. United Business & Industrial Federal Credit Union |
Norvergence sold telecommunications equipment and services - or claimed to do so. After three apparently flourishing years it collapsed. The supposedly wondrous equipment it sold or rented, which it called a Merged Access Transport Intelligent Xchange (MATRIX) device, turned out to be a standard integrated-access box with none of the benefits that Norvergence had touted. Our case i... More... $0 (01-17-2008 - IA) |
Nextg Networks of New York, Inc. v. City of New York, et al. |
Plaintiff-appellant NextG Networks of NY, Inc. ("NextG") appeals from a judgment of the United States District Court for the Southern District of New York (Berman, J.), granting summary judgment in favor of the defendants-appellees (collectively, "the City"). Broadly speaking, this case concerns whether the City has impeded NextG's access to the New York City telecommunications market... More... $0 (01-15-2008 - NY) |
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