| St. Joseph Abbey v. Paul Wes Castille |
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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. |
| Tryco Enterprises, Inc. v. James A. Robinson |
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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 |
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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. |
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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 |
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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. |
| Noella Lorenzo Mong v. Maya Magazines, Inc. |
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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. |
| Endsley Electric, Inc. d/b/a Industrial Power Systems v. Altech, Inc. |
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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. |
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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. |
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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. |
| CITY OF TULSA v. STATE |
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¶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. |
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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. |
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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) |
| Rob Brantley v. NBC Universal, Inc. |
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Plaintiffs, a putative class of retail cable and satellite television subscribers, appeal the dismissal of the third version of their complaint against television programmers (Programmers)1 and distributors (Distributors).2 The complaint alleged that Programmers’ practice of selling multi-channel cable packages violates Section 1 of the Sherman Act, 15 U.S.C. § 1. In essence, plaintiffs seek to... More... $0 (03-30-2012 - CA) |
| ADT Security Services, Inc. v. Lisle-Woodridge Fire Protection District |
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This appeal presents issues of state law governing the powers of Illinois fire protection districts. Defendant-appellant Lisle-Woodridge Fire Protection District (the District) adopted an ordinance in 2009 requiring commercial buildings and multi-family residences to have fire alarms equipped with wireless radio technology that would send alarm signals directly to the central monitoring “board... More... $0 (02-27-2012 - IL) |
| Apple, Inc. v. Psystar Corporation |
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This case raises important issues regarding the doctrine of “copyright misuse” as it has developed in the wake of the technological revolution of the last 30 years. Plaintiff- Appellee, Apple Inc. (“Apple”), is one of the leading producers of innovative technological hardware and software that has spurred enormous consumer demand for ever evolving technology. The Defendant-Appellant, Psyst... More... $0 (09-28-2011 - CA) |
| Rural Water District No. 4 v. City of Eudora, Kansas |
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This appeal arises out of a dispute between a city and a rural water district over their rights to serve customers in several recently annexed areas of Douglas County, Kansas. Rural Water District No. 4 (“Douglas-4” or “the District”) brought this suit against the city of Eudora under 42 U.S.C. § 1983, alleging the City violated Douglas-4’s exclusive right to provide water service to cu... More... $0 (09-26-2011 - KS) |
| Progressive Products, Inc. v. Tom Swartz |
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This is an appeal in an action brought under the Kansas Uniform Trade Secrets Act, K.S.A. 60-3320 et seq. The defendants, former employees of the plaintiff Progressive Products, Inc. (PPI), challenge the district court finding that they misappropriated protected trade secrets, and, on review before this court, they additionally challenge the remedial procedure that the Court of Appeals directed. |
| Harold Caldwell v. MACO Workers' Compensation Trust |
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¶1 MACo Workers’ Compensation Trust (MACo) appeals from a determination of the Workers’ Compensation Court (WCC) that § 39-71-710, MCA, violates the Equal Protection Clause found in Article II, Section 4, of the Montana Constitution. We affirm. |
| Interim La Ventana L.L.C. v. William D. Davis, |
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La Ventana Ranch Owners' Association ("the ROA") appeals from the trial court's final judgment in this dispute arising from variances granted to certain homeowners within the La Ventana community, allowing for the installation of private water wells and propane tanks. The ROA contends that the trial court erred in declaring that certain water well variance documents were valid and enforceable. Hom... More... $0 (06-03-2011 - TX) |
| Mercatus Group, LLC v. Lake Forest Hospital |
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The First Amendment of theConstitution states that Congress shall make no law abridging the “right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Under the Noerr-Pennington doctrine, federal antitrust laws have been interpreted to protect these First Amendment rights by immunizing petitioning activity from liability. In this appeal from the di... More... $0 (05-26-2011 - IL) |
| Yuma Valley Land Company, LLC v. City of Yuma |
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¶1 Yuma Valley Land Company, Territorial Real Estate, Parkway Place Development, and Saguaro Desert Land (collectively “Developers”) appeal the superior court’s decision dismissing their declaratory judgment complaint against the City of Yuma. For the following reasons, we affirm. |
| Larry Montz v. Pilgrim Films & Television, Inc. |
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In Hollywood, writers commonly submit copyrighted scripts to producers with the understanding that if the script is used, the producer must compensate the writer for the use of the copyrighted material. But what happens when the producer uses the idea or concept embodied in the script, but doesn’t pay? The Supreme Court of California, in 1956, answered this question by recognizing an implied con... More... $0 (05-04-2011 - CA) |
| Max W. Coll, II v. First American Title Insurance Company |
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In this litigation, Plaintiffs challenge New Mexico’s statutory scheme regulating title insurance, arguing it is contrary to state law. Here, Plaintiffs appeal the district court’s decision dismissing their claims against several title insurance companies that have complied with this New Mexico law. Having jurisdiction pursuant to 28 U.S.C. § 1291, we AFFIRM.1 |
| Bell Atlantic Corp. v. Twombly |
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Liability under §1 of the Sherman Act, 15 U. S. C. §1, requires a “contract, combination . . . , or conspiracy, in restraint of trade or commerce.” The question in this putative class action is whether a §1 complaint can survive a motion to dismiss when it alleges that major telecommunications providers engaged in certain parallel conduct unfavorable to competition, absent some factual cont... More... $0 (02-27-2011 - ) |
| William White v. R.M. Packer Co., Inc. |
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The plaintiffs in this case complain that the prices for gasoline on Martha's Vineyard have been artificially high due both to an illegal price-fixing conspiracy among four of the island's nine gas stations and to unconscionable price-gouging in the aftermath of Hurricanes Katrina and Rita in 2005. As to the antitrust claims, the stations agree for the purposes of summary judgment that there is ev... More... $0 (02-18-2011 - MA) |
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