Monopoly Law
Verizon v. Federal Communications Commission

For the second time in four years, we are confronted with a Federal Communications Commission effort to compel broadband providers to treat all Internet traffic the same regardless of source—or to require, as USCA Case #11-1355 Document #1474943 Filed: 01/14/2014 Page 3 of 81


it is popularly known, “net neutrality.” In Comcast Corp. v. FCC, 600 F.3d 642 (D.C. Cir. 2010), we h... More...
   $0 (01-14-2014 - DC)

United States ex rel. Kurt Bunk v. Gosselin World Wide Moving, N.V.

These appeals and cross-appeal are taken from final judgments, entered in accordance with Federal Rule of Civil Procedure 54(b), in a pair of qui tam actions consolidated for litigation in the Eastern District of Virginia. By its Order of February 14, 2012, the district court: (1) assessed a single civil penalty in the sum of $5,500 in favor of the United States, intervening in substitution of rel... More...   $0 (01-08-2014 - NJ)

Frederick E. Bouchat v. Baltimore Ravens Limited Partnership

This case presents the latest chapter in extensive litigation over the Baltimore Ravens “Flying B” logo. Frederick Bouchat challenges the National Football League’s use of the logo in three videos featured on its television network and various websites, as well as the Baltimore Ravens’ display of images that include the logo as part of exhibits in its stadium “Club Level” seating area.... More...   $0 (12-17-2013 - MD)

Kody Brown, et al. v. Gary R. Hebert, et al.

Kody Brown, Christine Brown, Janelle Brown, Meri Browan and Robyn Sullivan sued Gary Hebert, Jeffrey R. Buhman and Mark Shurtleff on civil rights violation theories under 42 U.S.C. 1983 seeking to prevent them from enforcing Utah's prohibition against co-habitation. The Browns are a polgyamous family that were the subject of TLC's reality series "Sister Wives". They claimed that the phrase "or coh... More...   $0 (12-15-2013 - UT)

Ellen Frye v. County of Butte

In two cases, animal control officers seized horses they believed to be at risk. The proceedings leading to the consolidated appeals now before us are convoluted.


Penal Code section 597.1 (§ 597.1) provides: “When [an animal control] officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal or the health or safety... More...
   $0 (12-01-2013 - CA)

Newspaper of Association of America v. Postal Regulatory Commission

In August 2012, the Postal Regulatory Commission issued an order approving a negotiated service agreement for the sale of postage between the United States Postal Service and Valassis Direct Mail, Inc., a national marketing company. Under the agreement, Valassis receives discounted postage for some of its advertisement mailers once its mail volume hits a predetermined threshold. Petitioner Newspap... More...   $0 (11-15-2013 - DC)

Sonic-Calabasas A, Inc. v. Frank Moreno

In Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659 (Sonic I), we held as a categorical rule that it is contrary to public policy and unconscionable for an employer to require an employee, as a condition of employment, to waive the right to a Berman hearing, a dispute resolution forum established by the Legislature to assist employees in recovering wages owed. We further held that our rule ... More...   $0 (10-17-2013 - CA)

Getfugu, Inc. v. Patton Boggs, L.L.P.

Plaintiffs and appellants GetFugu, Inc. (GetFugu), Carl Freer (Freer) and Richard Jenkins (Jenkins) (collectively, Plaintiffs) appeal an order granting a special motion to strike (Code Civ. Proc., § 425.16) filed by defendants and respondents Patton Boggs LLP (Patton), Richard J. Oparil (Oparil), Cummins and White LLP (Cummins) and Iman Reza (Reza) (collectively, the Attorney Defendants).1 2
<... More...
   $0 (10-03-2013 - CA)

Evergreen Partnering Group, Inc. v. Pactiv Corporation

Plaintiff Evergreen Partnering Group, Inc. ("Evergreen") appeals from a judgment of the United States District Court for the District of Massachusetts dismissing its Second Amended Complaint ("complaint"). The complaint alleges that defendants-appellees, polystyrene food service packaging manufacturers and two trade associations, refused in concert to deal with Evergreen in a recycling business m... More...   $0 (06-19-2013 - MA)

Enterprise Management Limited, Inc. v. Donald W. Warrick

In this copyright infringement case, Enterprise Management Limited, Inc.,1 and Mary Lippitt (collectively Lippitt) appeal from a summary judgment in favor of Donald Warrick. Lippitt contends, contrary to the district court’s holding, she demonstrated a prima facie case of copyright infringement. We agree.


This case involves a diagram Lippitt created in the course... More...
   $0 (05-21-2013 - CO)

Lyle E. Craker v. Drug Enforcement Administration

Petitioner Lyle E. Craker, a professor at the University of Massachusetts, seeks review of an order from the Drug Enforcement Administration ("DEA") denying his application for registration to cultivate marijuana for medical research. After review of the administrative record, we deny the petition.

I. Statutory Landscape

In an effort to consolidate the nation's drug laws and... More...
   $0 (04-16-2013 - MA)

Kirtsaeng dba Bluechristine99 v. John Wiley & Sons, Inc.

The “exclusive rights” that a copyright owner has “to distribute copies. . . of [a] copyrighted work,” 17 U. S. C. §106(3), are qualified by the application of several limitations set out in §§107 through 122, including the “first sale” doctrine, which provides that “the owner of a particular copy or phono record lawfully made under this title . . . isentitled, without the authori... More...   $0 (03-19-2013 - NY)

SOFA Entertainment, Inc. v. Dodger Productions, Inc.

This is a copyright infringement suit over a seven-second clip of Ed Sullivan’s introduction of the Four Seasons on The Ed Sullivan Show. Appellees Dodger Productions, Inc. and Dodger Theatricals, Ltd. (collectively “Dodger”) used the clip in their musical about the Four Seasons, Jersey Boys, to mark a historical point in the band’s career.

Appellant SOFA Entertainment, Inc. (“SOF... More...
   $0 (03-11-2013 - CA)

St. Joseph Abbey v. Paul Wes Castille

An Abbey of the Benedictine Order of the Catholic Church challenges as unconstitutional rules issued by the Louisiana Board of Funeral Directors granting funeral homes an exclusive right to sell caskets. The district court enjoined their enforcement, finding that they deny equal protection and due process of law.


The thirty-eight monks of St. Joseph Abbey earn their way in a p... More...
   $0 (10-24-2012 - LA)

Tryco Enterprises, Inc. v. James A. Robinson

This is an action brought by appellee, James A. Robinson, to enforce the judgment entered in his favor in Robinson v. Texas Workforce Commission and Tryco Enterprises, Inc., No. 2000-32376, in the 113th District Court of Harris County, Texas (“the FLSA suit”). Appellants, Tryco Enterprises, Inc. (“Tryco”), Sharon C. Dixon, James Dixon, Crown Staffing, Inc. (“Crown Staffing”), and Troy ... More...   $0 (09-20-2012 - TX)

George S. Cohlmia, Jr., M.D. v. St. John Medical Center

Dr. George Cohlmia, a cardiovascular and thoracic surgeon in the Tulsa, Oklahoma area, sued St. John Medical Center (SJMC) alleging a number of federal and state antitrust and business tort claims.1 His claims followed SJMC’s suspension of his medical privileges after a pair of surgeries, one resulting in death and another in permanent disfigurement. In response, SJMC asserted an affirmative def... More...   $0 (09-09-2012 - OK)

Christian Louboutin, S.A. v. Yves Saint Laurent America Holding, Inc.

The question presented is whether a single color may serve as a legally protected trademark in the fashion industry and, in particular, as the mark for a particular style of high fashion women’s footwear. Christian Louboutin, a designer of high-fashion women’s footwear and accessories, has since 1992 painted the “outsoles” of his women’s high-heeled shoes with a high-gloss red lacquer. I... More...   $0 (09-05-2012 - NY)

Pacific Bell Telephone Company v. Southern California Edison Company

Defendant Southern California Edison (“Edison”) appeals from the judgment entered against it following a bench trial in which the court ruled that Edison was liable to Pacific Bell Telephone Company (“Pacific Bell”) for just compensation in Pacific Bell‟s cause of action for inverse condemnation. We affirm.


The relevant facts of this appeal ar... More...
   $0 (08-30-2012 - CA)

Noella Lorenzo Mong v. Maya Magazines, Inc.

This appeal reads like a telenovela, a Spanish soap opera. It pits music celebrities, who make money by promoting themselves, against a gossip magazine, that makes money by publishing celebrity photographs, with a paparazzo, who apparently stole the disputed pictures, stuck in the middle.

Noelia Lorenzo Monge and Jorge Reynoso (“the couple”), Latin American celebrities, claim that Maya ... More...
   $0 (08-15-2012 - CA)

Endsley Electric, Inc. d/b/a Industrial Power Systems v. Altech, Inc.

Altech, Inc., a general contractor, contracted to build an intermediate school for the Pleasant Grove Independent School District (the Project). Endsley Electric, Inc., doing business as Industrial Power Systems or Industrial Power Systems, Inc., entered into a subcontract with Altech to provide the electrical and fire alarm work on the Project. In April 2010, shortly after the Project was complet... More...   $0 (08-08-2012 - TX)

Anthony Williams v. Duke Engery International, Inc.

Plaintiffs appeal the dismissal of their case pursuant to Fed. R. Civ. P. 12(b)(1). The district court, following a hearing, found that the “filedrate doctrine” denied the court federal question subject-matter jurisdiction. The district court also found that the Public Utilities Commission of Ohio (“PUCO”) had exclusive jurisdiction over Defendants’ state-law claims, depriving the court ... More...   $0 (06-04-2012 - OH)

Hope for Families & Community Service, Inc, et al. v. David Warren, et al.

Hope for Families & Community Service, Inc. and others sued Macon County Greyhound Park, Inc., Milton McGregor and Macon County Sheriff David Warren on a civil conspiracy theory claiming that defendants wrongfully conspired to give Victoryland a monopoly on electronic bingo in the county.

Defendants denied wrongdoing.... More...
   $64000000 (05-26-2012 - )


¶1 In 2010, the Oklahoma Legislature amended the Oklahoma Tax Code, 68 O.S. Supp. 2010 §2702(A)1 to require municipalities to contract with the State of Oklahoma through the Oklahoma Tax Commission (the Commission) to assess, collect and enforce municipal taxes. On June 1, 2010, prior to the amendment becoming effective on July 1, 2010, the plaintiff/appellee, City of Tulsa (City/Tulsa) contract... More...   $0 (05-15-2012 - OK)

Sue O'Brien v. Leegin Creative Leather Products, Inc.

This appeal and cross-appeal concern a dispute over retail pricing practices by a fashion accessories company. Named plaintiff Sue O'Brien and a class of similarly situated consumers (O'Brien) sued the maker of Brighton handbags, other accessories, and luggage, defendant Leegin Creative Leather Products, Inc. (Brighton), alleging violations of the Kansas Restraint of Trade Act (KRTA), K.S.A. 50-10... More...   $0 (05-04-2012 - KS)

Rosetta Stone, Ltd. v. Google, Inc.

Appellant Rosetta Stone Ltd. appeals from an order, see Rosetta Stone Ltd. v. Google Inc., 730 F. Supp. 2d 531 (E.D. Va. 2010), granting summary judgment against Rosetta Stone on its claims against Appellee Google Inc. for trademark infringement, see 15 U.S.C. § 1114(1)(a); contributory and vicarious trademark infringement; and trademark dilution, see 15 U.S.C. § 1125(c)(1). Rosetta Stone also a... More...   $0 (04-09-2012 - VA)

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