Steven and Jonnie Miller, adopted children of Helen Miller, wife of the world-renowned bandleader Glenn Miller, and their exclusive licensing agent CMG Worldwide Inc. (collectively "Appellants") appeal from the district court's order granting defendant Glenn Miller Productions, Inc. ("GMP") summary judgment and dismissing their complaint on the basis of laches. See Miller v. Glenn Miller

Defendant-Appellant/Cross-Appellee Trivental, Inc.(*) ("Trivental") appeals from a judgment as a matter of law ("JMOL") in favor of Plaintiff-Appellee/Cross-Appellant Murphy Oil U.S.A., Inc. ("Murphy") on (1) Murphy's breach of contract claim; (2) two of Trivental's breach of contract counterclaims; and (3) Murphy's breach of fiduciary duty claim. Lawrence Wood, an officer of Trivental, also ap

This declaratory judgment case resolved competing interpretations of an indemnity provision in a contract transferring ownership of seismic data. Footnote Appellee and plaintiff below, First Seismic Corporation (First Seismic), prevailed in the trial court on its claim for indemnity against appellants, Devon SFS Operating, Inc. (Devon) Footnote and IMC Global, Inc. (IMC). Trial was to the cou

On July 1, 2003, Inergy Propane, LLC (Inergy), a Delaware Limited Liability Company authorized to do business in Oklahoma, brought suit in the United States District Court for the Western District of Oklahoma against the Union Bank of Chandler (the Bank). Jurisdiction was based on 28 USC § 1332, Inergy and the Bank being citizens of different states and the amount in controversy being in exces

1 Title 11 U.S.C.A. �5541 of the United States Bankruptcy Code governs abandonment of bankruptcy estate property. It allows the court to order the trustee to abandon any estate property that is burdensome or of inconsequential value and benefit to the estate.2 When an asset has been abandoned by the trustee, it is no longer part of the bankruptcy estate. It reverts to its pre-bankru

This opinion encompasses three related appeals involving defendants Yehuda and Miriam Draiman and plaintiff Multiut Corporation (Multiut), an energy consulting and energy management services company based in Skokie. Central to defendants' appeals are case Nos. 1-03-0857 and 1-03-2855, in which defendants challenge the trial court's rulings in favor of Multiut and its award of more than $1 mil

It has long been settled that the Lanham Act can, in appropriate cases, be applied extraterritorially. See Steele v. Bulova Watch Co., 344 U.S. 280 (1952). This case, dismissed for lack of subject matter jurisdiction, requires us, as a matter of first impression for this circuit, to lay out a framework for determining when such extraterritorial use of the Lanham Act is proper.

In

Defendants appeal from a judgment of the United States District Court for the Northern District of New York (Neil P. McCurn, Judge) awarding tribal plaintiffs approximately $248 million in damages and prejudgment interest against the State for the late-eighteenth-century dispossession of their land, in violation of the Nonintercourse Act. 25 U.S.C. § 177. The tribal plaintiffs crossappeal from

This is an action arising out of water penetration in a new building. Owner and general contractor 1000 Virginia Limited Partnership sued Vertecs Corporation, alleging Vertecs' installation of stucco siding was defective. The only issue here is whether the claim was timely. The trial court held that questions of fact precluded summary judgment on the six-year contract statute of limitat

[1] The district court dismissed this negligence action because the appellants' notice of governmental claim did not meet constitutional requirements. We dismiss this appeal for the same reason. ISSUES 1. Did the district court have subject matter jurisdiction over the claim? 2. Was the appellee barred by the equitable doctrine of either estoppel or laches from asserting the lack of subject mat

Shinji Kondo appeals from an order denying his motion to vacate and set aside his default and the default judgment against him. We conclude the trial court erred in entering a default and default judgment against Kondo and erred again in denying his motion to vacate them.

FACTS AND PROCEEDINGS BELOW

Plaintiffs' original verified complaint in this action named a number of defendant

1 The appellant, Michael L. Merritt, filed an application for an indirect contempt citation and a motion to reduce arrearage to judgment. The appellee, Jane A. Merritt, filed a motion to dismiss the contempt citation based on the payment of Social Security benefits to the child of the parties. The Social Security payment made subsequent to the commencement of this action exceeded the amount of

�1 Mother Mary Ann Aguero appeals the trial court's post-divorce decree order determining she is not entitled to certain back child support from Father Manuel Aguero, Jr. The issue on appeal is whether the trial court erred when it allowed Father to assert the equitable defenses of laches, waiver, and estoppel to Mother's claim for child support arrearages. After a review of the facts

[1] Dorian Fox (Fox) and The Investment Center, Inc. (TIC) appeal the district court's denial of their motion to dismiss Frank and Maureen Tanner's (the Tanners) allegations contained within the complaint.

1 The district court concluded that 1) a court, rather than an arbitrator, should decide the threshold question of fraudulent inducement, and

2) the underlying contracts, which inc

New York City Charter § 1127 requires an applicant for City employment to enter into a contract with the City in which the prospective employee agrees to make payments in lieu of personal income taxes -- so-called "condition of employment

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payments" -- should he or she reside outside the City. The primary issue we are asked to resolve in this case is whether these co

2 1 Appellant DaimlerChrysler Corporation appeals from a judgment entered after a jury verdict in favor of appellees Travis and Shelly Hull in the Hulls' "Lemon Law" action. DaimlerChrysler contends the trial court erred in several respects, including denying DaimlerChrysler's motion to dismiss the action because the Hulls had sold the vehicle before trial and were no longer entitled to th

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

This case illustrates the sort of unexpected complications that can arise from the so-called "living trusts" which are hawked so aggressively these days. The bottom line here is that the casual use of a living trust as a quickie estate planning device meant that a husband was worth a lot less than his second wife thought he was worth when she married him. Unbeknownst to her, the husband's

The parties to this diversity action together pioneered the marketing of soybean seeds in the 1970s, jointly ventured into the seed-breeding business in the 1980s, and wound up in federal court when their industry entered the biotechnology age. The main issue on appeal is whether restrictions in the parties' 1986 joint-venture agreement (the Agreement) applied to the inheritable genetic m

This intellectual property case pits the sport of extreme kayaking against the iconic American timepiece, Timex. In an effort to update its image, Timex Corporation ("Timex") arranged with Polar Bear Productions ("Polar Bear") to produce film footage featuring some of the stars of whitewater kayaking, paddling through exotic locales in North and South America and using equipment bearing

The parties to this appeal were family by marriage on April 29, 1977 when they entered into (1) a contract for the lease of a parcel of land, and (2) a separate contract for the purchase of a home to be constructed on the leased parcel. Boyd and Bernita Jacobs, with the express wish to provide a home for their daughter Nancy, and her then-husband David DeSotel, agreed to lease the parcel loc

This lawsuit arose out of a dispute between Norman W. Geyer and Daniel L. Jochum concerning the distribution of assets and debts after the parties ceased their business relationship. Geyer has filed this appeal from an order of the district court which, inter alia, found that Geyer had failed to prove his entitlement to have Florine's Inc. and Jochum held responsible for a long-term note incurred

Appellant Monkey Island Development Authority (MIDA) appeals the district court's judgment in favor of Appellee Mid-America AG Network, Incorporated (Mid-America). Mid-America filed the underlying lawsuit against MIDA seeking a declaratory judgment and injunctive relief to enforce a contract between the parties involving a shopping center lease.(1) The district court exercised diversity jurisdi

In Shepherd v. Hunterdon Developmental Center, this Court considered the timeliness of certain employment-discrimination claims within the context of the continuing violation doctrine, an equitable exception to the statute of limitations. 174 N.J. 1 (2002). Within that same framework, we also confirmed that the defense of laches is available to a defendant when a plaintiff, in particular circu

Plaintiffs, Raintree Homes, Inc., and Raintree Builders, Inc., filed a one-count amended complaint against defendant, the Village of Long Grove (the Village), seeking a declaratory judgment as to the validity of a Village ordinance requiring the payment of impact fees to the Village to obtain building permits and a refund of those fees paid by plaintiffs. The circuit court of Lake County dismis