Monopoly Law
 
Electrical Inspectors, Inc. v. Village of East Hills et al.

This appeal requires us to determine whether the state-action immunity doctrine shields a municipality and a private corporation from alleged federal antitrust-law violations resulting from the municipality's conferral upon the corporation of exclusivity in the market for government-required electrical inspection services within the municipality.

The defendant Village of Islandia (the "Vill

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Larry Flynt, et al. v. California Gambling Control Commission, et al.

In March 2000, the overwhelming majority of California voters passed Proposition 1A,1 which amended the California Constitution, giving the Governor the authority "to negotiate and conclude compacts, subject to ratification by the Legislature, for the operation of slot machines and for the conduct of lottery games and banking games by federally recognized Indian tribes on Indian lands in Calif

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Nathaniel Craigmiles, et al. v. Arthur Giles, et al.

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

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Kerry L. Putnam, et al. v. Time Warner Cable of Southeastern Wisconsin

This is a review of a published decision of the court of appeals,1 which affirmed an order of the Milwaukee County Circuit Court, Lee E. Wells, Judge, dismissing with prejudice an action brought by a putative class of cable television customers against Time Warner Cable of Southeastern Wisconsin, Limited Partnership (Time Warner).

2. Two issues are presented for review. First, does the volun

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Cadence Design Systems, Inc. v. Avant! Corporation

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

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Mark H. Dickson, et al. v. Microsoft Corporation, et al.

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

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Southwestern Bell Telephone Company v. Ed Apple, et al.

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

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Nartron Corporation v. STMicroelectronics, Inc.

Nartron is a Michigan corporation with its principal place of business in Reed City, Michigan. Nartron develops and produces advanced electronic devices including sensors, acoustic devices, displays, controls, harnesses and connectors, lamps, flashers and switches.

ST is a Delaware corporation having a principal place of business in Carrollton, Texas.(1) ST manufactures and supplies se

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Lantec, Inc. v. Novell, Inc.

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

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Telecor Communications, Inc., et al. v. Southwestern Bell Telephone Company

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)

Maris Distributing Company v. Anheuser-Busch, Inc.

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

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Apani Southwest, Inc. v. Coca-Cola Enterprises, Inc.

Plaintiff-Appellant, Apani Southwestern, Inc. ("Apani"), appeals from the district court's dismissal of its antitrust claims against Coca-Cola Enterprises, Inc. ("CCE") arising out of a contract between CCE and the city of Lubbock, Texas (the "City"), which granted CCE the exclusive right to sell bottled water on property owned by the City. For the reasons stated herein, we affirm.

FACTUA

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Law Office of Curtis V. Trinko, L.L.P. v. Bell Atlantic Corporation

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

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Joe Comes and Comes Vending, Inc. vs. Microsoft Corporation, A Washington Corporation

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)

Peter Scheiber v. Dolby Laboratories, Inc. and Dolby Laboratories Licensing Corp.

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

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Bobby Davidson, et al. v. Microsoft Corporation

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

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Ira W. Black, Appellant v. City of Killeen

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

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Conwood Company, L.P.; Conwood Sales Company, L.P. v. United States Tobacco Company, et al.

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)

Minuteman, LLC & a. v. Microsoft Corporation

The plaintiffs, Minuteman, LLC and Ronald H. Proulx, appeal an order of the Superior Court (Lynn, J.) dismissing their claim against the defendant, Microsoft Corporation, for allegedly violating New Hampshire’s antitrust statute. RSA ch. 356 (1995). We affirm.

The relevant facts follow. Plaintiff Proulx purchased a "Millenia Max 65133" personal computer from J&B Diversified Associates

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In re Brand Name Prescription Drugs Antitrust Litigation

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

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Eppendorf-Netheler GMBH v. Ritter GMBH and RK Manufacturing, Inc.

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

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Andrew Vacco v. Microsoft Corporation

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

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Iain Fraser, et al. v. Major League Soccer, L.L.C., et al.

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

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Chuck Gardner v. State Bar of Nevada, et al.

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

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Jeffrey A. Berghausen v. Microsoft Corporation

Jeffrey Berghausen appeals the dismissal of his amended class action complaint against Microsoft Corporation. He raises four issues on appeal, which we consolidate and restate as:

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)

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