Monopoly Law
 
Centerprise International, Ltd. v. Micron Technology, Inc., et al.

Plaintiff-appellant Centerprise International, Ltd. (“Centerprise”), a British computer manufacturer that purchased dynamic random access memory (“DRAM”) outside of the United States, appeals the district court’s dismissal of its complaint for lack of subject matter jurisdiction under the Foreign Trade Antitrust Improvement Act of 1982 (“FTAIA”), 15 U.S.C. § 6a, amending the Sherman... More...   $0 (08-14-2008 - CA)

Richard Campfield, et al. v. State Farm Mutual Automobile Insurance, et al.

Richard Campfield is both an owner of an auto-glass repair shop and the holder of fourteen patents for processes to repair or prevent windshield cracks. He believes, contrary to industry practice, that it is feasible—indeed, safer—to repair many windshield cracks between six and eighteen inches long rather than to replace the windshield. In 2003, apparently exasperated with his lack of success... More...   $0 (08-08-2008 - CO)

Madhavan Pisharodi, M.D. v. Eric Six, M.D. and Alejandro Betancourt, M.D.

This is an appeal from a summary judgment granted in favor of appellees, Eric Six and Alejandro Betancourt. By one issue, appellant Madhavan Pisharodi complains that the trial court improperly granted summary judgment based on res judicata and collateral estoppel. Because Pisharodi failed to attack all the possible grounds for the order granting summary judgment, his two issues are waived. Accordi... More...   $0 (08-08-2008 - TX)

Richard Campfield d/b/a Ultra Bond Licensing d/b/a Ultra Bond Windshield Repair and Replacement; Ultra Bond, Inc. State Farm Mutual Automobile Insurance Company; Lynx Services, LLC, formerly Lynx Services FRom PPG, LLC

Richard Campfield is both an owner of an auto-glass repair shop and the holder of fourteen patents for processes to repair or prevent windshield cracks. He believes, contrary to industry practice, that it is feasible—indeed, safer—to repair many windshield cracks between six and eighteen inches long rather than to replace the windshield. In 2003, apparently exasperated with his lack of success... More...   $0 (07-20-2008 - )

John D. Sheridan, et al. v. Marathon Petroleum Company LLC, et al.

The plaintiffs, a Marathon dealer in Indiana and a company owned by him to whom he assigned his dealership contract, filed suit against Marathon under section 1 of the Sherman Act, 15 U.S.C. 1, charging it with tying the processing of credit card sales to the Marathon franchise and also with conspiring with banks to fix the price of the processing service. The tying arrangement is challen... More...   $0 (06-23-2008 - IN)

BASF AG v. Great American Assurance Co., et al.

This insurance-coverage action represents the third case in a series of lawsuits stemming from the marketing of Synthroid, a synthetic thyroid drug. See In re Synthroid Mktg. Litig., 264 F.3d 712 (7th Cir. 2001); Knoll Pharm. Co. v. Auto. Ins. Co., 152 F. Supp. 2d 1026 (N.D. Ill. 2001). The first case - a multidistrict litigation - consolidated numerous class actions filed by consumers and ... More...   $0 (04-14-2008 - IL)

Bob Yari v. Producers Guild of America, Inc., et al.

Plaintiff and appellant Bob Yari contends that the right applies to decisions made by defendants and respondents the Academy of Motion Picture Arts and Sciences and the Producers Guild of America in connection with the Academy Awards. Specifically, he contends that the right applies to defendants' decision that, for purposes of the Best Picture award, he was not a producer of Crash, the movie ... More...   $0 (03-31-2008 - CA)

American Rice, Inc. v. Producers Rice Mill, Inc.

In this Lanham Act/breach of contract action, the district court entered judgment for Plaintiff-Appellant Cross-Appellee, American Rice, Inc ("ARI") against Defendant-Appellee Cross-Appellant Producers Rice Mill, Inc. ("PRMI"). PRMI challenges that judgment on multiple grounds, and ARI complains of the damage award. We affirm the district court's liability findings, vacate the attorney's fee ... More...   $1256635 (02-25-2008 - TX)

John R. Shomo, et al. v. City of Franklin, Tennessee

In 1980, Bill Wills (Wills) and two others founded Moore's Lane Sewerage Treatment Company, Inc. ("MLSTC"), a privately owned public utility providing service in the then undeveloped Cool Springs area in Williamson County. The Tennessee Public Service Commission granted MLSTC a certificate of convenience and necessity in order to provide sewer service in the area. Wills was a developer who own... More...   $0 (02-22-2008 - TN)

Dona Ana Mutual Domestic Water Consumers Association v. The City of Las Cruces, New Mexico

Do�a Ana Mutual Domestic Water Consumers Association ("Do�a
Ana") - the appellant in Case No. 06-2347 - previously entered into a settlement
agreement (the "Settlement") with City of Las Cruces, New Mexico (the
"City") - the appellant in Case No. 06-2266 and an appellee in Case No. 06-2347.
In the Settlement, the City agreed to recognize Do�a Ana's exclusive rights,
under... More...
   $0 (02-20-2008 - NM)

Steven Riley v. The Rhode Island Department of Environmental Management, et al.

Does the Rhode Island Constitution's guarantee of right of fishery prohibit the Legislature from granting some commercial fishermen access to some species of sea life while denying others the same rights? This is a constitutional challenge to the Rhode Island General Assembly's 2002 enactment of a limited-entry fishing licensing statutory scheme that empowered the Rhode Island Department of En... More...   $0 (02-15-2008 - RI)

Thomas M. Schwartz, et al. v. Sun Co., Inc.

On June 21, 1996, plaintiff Thomas Schwartz, the franchisee or co-franchisee of several gas stations in the Flint, Michigan area, sued his franchiser, Sun Company, because Sun was selling its Sunoco brand gas to competing stations at prices lower than the price Sun was charging Schwartz. Schwartz asserted that Sun's two-tiered pricing scheme was anticompetitive and discriminatory purs... More...   $0 (01-26-2008 - OH)

Newcal Industries, Inc., et al. v. Ikon Office Solutions, et al.

Five lessors of copier equipment (collectively "Newcal") appeal the dismissal of their complaint for failure to state viable Sherman Act antitrust, Lanham Act, and RICO claims against Defendant IKON.1 We reverse. 1General Electric Corporation ("GE") bought and enforced some flexed IKON contracts and is included as a Defendant for its role in the allegedly anti-competitive scheme.

... More...   $0 (01-23-2008 - CA)

Indiana Lumbermans Mutual Insurance Company v. Reinsurance Results, Inc.

The defendant in this diversity suit for breach of contract governed by Indiana law appeals from the grant of summary judgment in favor of the plaintiff. The case turns on the interpretation of a contract between an insurance company, Lumbermens Mutual, the plaintiff, and Reinsurance Results, the defendant, which reviews an insurance company's claims against its reinsurers to make sure t... More...   $0 (01-17-2008 - IN)

Jason Jacoby and C.E. Entertainment, Ltd. v. Alfredo Hinojosa, et al.

Jason Jacoby, as president of C.E. Entertainment, appeals from a summary judgment rendered in favor of Alfredo Hinojosa and Gustavo Felix in their roles as officers and investors in O.K. Corral, Inc. Because Hinojosa and Felix failed to prove they were entitled to summary judgment as a matter of law on Jacoby's claims, we reverse and remand for further proceedings. BACKGROUND

Business par... More...   $0 (01-15-2008 - TX)

Utah Education Association, et al. v. Mark Shurtleff, etc.

Utah's Voluntary Contributions Act ("VCA") prohibits any state or local public employer from withholding voluntary political contributions from its employees' paychecks. Utah Code Ann. 34-32-1.1. Appellees, comprising several Utah labor unions ("Unions"), assert that the VCA violates the First Amendment by restricting public employees' political speech. The district court granted their... More...   $0 (01-10-2008 - US)

Leadsinger, Inc. v. BMG Music Publishing, et al.

This case requires us to determine how the Copyright Act, 17 U.S.C. 101-1332, applies to karaoke devices that enable individuals to sing along to recordings of musical compositions, which is a matter of first impression in this circuit. In the district court, Plaintiff-Appellant Leadsinger, Inc., a karaoke device manufacturer, filed a complaint for declaratory judgment against music ... More...   $0 (01-08-2008 - CA)

E&J Lounge Operating Company, Inc., et al. v. Liquor Commission of the City and County of Honolulu

This secondary appeal by Appellant-Appellee/ Cross-Appellee E & J Lounge Operating Company, Inc. (E&J) from the denial of a liquor dispenser general license (liquor license) raises two issues: (1) whether Appellee-Appellant/Cross-Appellee Liquor Commission of the City and County of Honolulu (the Commission) was required to hold a "contested case" hearing in accordance with Hawaii Revised Stat... More...   $0 (12-29-2007 - HI)

PCTV Gold, Inc. v. SpeedNet, LLC

SpeedNet, LLC, appeals an order of the district court1 entered in favor of PCTV Gold, Inc. (Sprint), a subsidiary of Sprint-Nextel Corporation. The order preliminarily enjoins SpeedNet from:

(1) closing upon, transferring assets in furtherance of, or completing any portion of the transaction envisioned in the Purchase Agreement between SpeedNet and Clearwire2 ;

(2) executing o... More...   $0 (12-09-2007 - MO)

Time Warner Entertainment-Advance/Newhouse Partnership v. Carteret-Craven Electric Membership Corporation

For many years, Carteret-Craven Electric Membership Corporation, a North Carolina electric cooperative, had a pole-attachment agreement with Time Warner Entertainment-Advance/Newhouse Partnership, a cable service provider, permitting Time Warner to attach its cable to Carteret-Craven Electric's utility poles. The initial fee in the 1997 renewal of the agreement provided that Time Warner p... More...   $0 (11-15-2007 - NC)

Tania LaBerenz and Dr. J. Bradley Gibson v. American Family Mutual Insurance Company

Plaintiffs, Tania LaBerenz and Dr. J. Bradley Gibson, appeal the order of the district court denying their motion for class certification pursuant to C.R.C.P. 23 in this case against defendant, American Family Mutual Insurance Company. We affirm in part, reverse in part, and remand with directions.

I. Facts and Procedural Background

LaBerenz was insured under a policy with America... More...   $0 (09-10-2007 - CO)

DEL MONTE FRESH PRODUCE N.A., INC., et al. v. TRANSPORTATION INSURANCE CO.

Plaintiffs, six different Del Monte companies (to which we refer collectively as "Del Monte"), brought a declaratory judgment action against their insurance carrier, Transportation Insurance Company. Del Monte's general liability policy with Transportation includes coverage for claims of personal injury or advertising injury. Del Monte took the position that this coverage was triggered b... More...   $0 (09-07-2007 - IL)

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)

ZILA, INC., a Delaware Corporation v. James E. Tinnell

Appellant James Tinnell developed a liquid solution to treat lesions caused by the herpes virus. He applied for a patent on the treatment and acquired a defunct corporation, now named Zila, as a vehicle for marketing and selling the product, now called Zilactin. Tinnell subsequently entered an agreement with Zila that assigned all rights in his invention to the company in return for roy... More...   $0 (09-05-2007 - NV)

Leegin Creative Leather Products v. PSKS, Inc., dba Kay's Kloset...Kay's Shoes

In Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U. S. 373 (1911), the Court established the rule that it is per se illegal under §1 of the Sherman Act, 15 U. S. C. §1, for a manufacturer to agree with its distributor to set the minimum price the distributor can charge for the manufacturer’s goods. The question presented by the instant case is whether the Court should overrule the per ... More...   $0 (06-27-2007 - TX)

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