Plaintiff-Appellant Kaiser Foundation Health Plan, Inc. (“Kaiser�) sued Defendants-Appellees Abbott Laboratories (“Abbott�) and Geneva Pharmaceuticals (“Geneva�) for violations of the Sherman Antitrust Act and analogous provisions of California law. Kaiser brought a claim under Section One of the Sherman Act against both Abbott and Geneva, and a claim under Section Two against only Abb

This appeal involves the applicability of the public trust doctrine to private oceanfront property the owners maintain exclusively for their own recreational enjoyment.

In 1995, defendants Jack and Joyce Kassin bought an oceanfront property in the Village of Loch Arbour that the previous owners had operated as a commercial beach club. This property has approximately 650 feet of frontage al

Plaintiffs Native American Distributing and John Dilliner filed suit in federal court against the Seneca-Cayuga Tobacco Company (“SCTC�), which is an enterprise of the Seneca-Cayuga Indian Tribe, and three individuals who had been officers of SCTC (the “Individual Defendants�). SCTC and the Individual Defendants moved to dismiss pursuant to Rule 12(b)(1), Fed. R. Civ. P., arguing that the

¶1 South West Sand & Gravel, Inc. (South West) appeals from a grant of summary judgment on its taking and tort claims against the Central Arizona Water Conservation District (the District). Based on our decision in West Maricopa Combine, Inc. v. Arizona Department of Water Resources, 200 Ariz. 400, 26 P.3d 1171 (App. 2001), Arizona Revised Statutes (A.R.S.) section 45-173 (1994), and Arizona’s

This case involves alleged infringement by Gateway, Inc. (“Gateway�), Microsoft Corporation (“Microsoft�), and Dell Inc. (“Dell�) of two patents owned by Lucent Technologies, Inc. (“Lucent�). After a jury verdict of infringement and a damages award of $1,538,056,702, the district court granted judgment as a matter of law (“JMOL�), and alternatively a new trial, on infringement

Ford Motor Company appeals the certification of a class of Ford dealers in an action alleging violations of the Robinson- Patman Act, the Automobile Dealer’s Day in Court Act, and numerous state franchise laws, as well as breach of contract and the covenant of good faith and fair dealing. We hold that the prerequisites for a class action are not met in this case. Accordingly we will vacate the o

Michael McKee filed this class action suit, alleging AT&T wrongly charged him (and others) city utility surcharges and usurious late fees. When the Chelan County Superior Court found the dispute resolution provision of AT&T's Consumer Services Agreement unconscionable and denied its motion to compel arbitration, AT&T appealed. The Court of Appeals, Division Three, certified the case to this

On January 24, 2007, plaintiff Kenin L. Edwards filed a single-count, pro se complaint against defendant City of Henry, requesting damages for alleged violations of the Illinois Antitrust Act (Act) (740 ILCS 10/1 et seq. (West 2006)). The City filed a "Motion to Dismiss and for Sanctions" claiming immunity under the Act (740 ILCS 10/5(15) (West 2006)) and alleging that plaintiff lacked a good-fait

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

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

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

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

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

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

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

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

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

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

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

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.

Plaintiff, Charlotte Mays, appeals from the district court's order dismissing Plaintiff's claims of discrimination on the basis of marital status, pursuant to the Equal Credit Opportunity Act, 15 U.S.C. § 1691(a)(1), and provisions of Regulation B of the Equal Credit Opportunity Act, 12 C.F.R. Part 202; deprivation of "due process and natural justice;" and violations of Ohio statutes

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

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

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

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

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