Telecommunications Law
 
Jerry W. Gunn v. Vernon F. Minton

Federal courts have exclusive jurisdiction over cases“arising under any Act of Congress relating to patents.” 28 U. S. C. §1338(a). The question presented is whether a state law claim alleging legal malpractice in the handling of a patent case must be brought in federal court.
I In the early 1990s, respondent Vernon Minton developed a computer program and telecommunications network design

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Julie Gilman Veronese v. Lucasfilm, Ltd.

This is an employment discrimination case, specifically pregnancy discrimination. It is an unusual case in several respects, including that the interactions between plaintiff and defendant‟s representatives were relatively brief, over a period of less than four months; save for four in-person interviews or meetings and a handful of telephone calls, those interactions were all via email; and plai

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City of Houston v. Centerpoint Energy Houston Electric, LLC

The City of Houston appeals the trial court’s judgment dismissing, without prejudice, the City’s claims against CenterPoint Energy Houston Electric, LLC. In two issues, the City contends that the trial court erred by granting CenterPoint’s plea to the jurisdiction.

We affirm.

Background

CenterPoint is a regulated utility in the business of transmitting and distributing e

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Gayen Hancock v. American Telephone and Telegraph Company, Inc.

Gayen Hancock, David Cross, Montez Mutzig, and James Bollinger (collectively “Plaintiffs”) seek to represent a class of customers dissatisfied with “U-verse,” a digital telecommunications service. The United States District Court for the Western District of Oklahoma dismissed their claims based on forum selection and arbitration clauses in the U-verse terms of service. Plaintiffs appeal th

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Crystal Morgan v. West Seal, Inc.

Crystal Morgan, Karla Sylvester and Janay Famous (plaintiffs or appellants) filed this lawsuit against their former employer Wet Seal, Inc. and Wet Seal Retail, Inc. (Wet Seal). Plaintiffs alleged that Wet Seal violated California law by requiring employees to (1) purchase Wet Seal clothing and merchandise as a condition of employment and (2) travel between Wet Seal business locations without reim

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Verizon Business Network Services, Inc. f/k/a MCI Worldcom Network Services v. Melinda McKenzi

Verizon Business Network Services, Inc., formally known as MCI Worldcom Network Services, Inc. and doing business as MCI Telecommunications Corp. (MCI), appeals the district court’s judicial review ruling of a workers’ compensation decision asserting the district court erred in holding it responsible to pay for the unauthorized weight-loss surgery of the injured worker, Melinda McKenzie. McKen

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Javier Alvarado v. Lexington Insurance Company

Appellee, Lexington Insurance Company (“Lexington”), moved for rehearing of our April 19, 2012 opinion. We grant the motion for rehearing, withdraw our April 19, 2012 opinion and judgment, and issue this opinion and judgment in their stead. Our disposition remains the same. We dismiss Lexington’s May 21, 2012 motion for en banc reconsideration as moot.1

Appellant, Javier Alvarado, s

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Kenneth Cleveland v. Robert V. Johnson

Kenneth Cleveland and William Bickley sued Robert V. Johnson and Internet Specialties West, Inc. (IS West). At trial before a jury, they asserted claims for breach of contract, breach of fiduciary duty, and false promise in connection with a $75,000 investment made pursuant to a February 1995 agreement. The jury found no false promise, but awarded more than $3.8 million for breach of contract, bas

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Arthur Firstenberg v. City of Santa Fe, New Mexico

Electromagnetic radiation is a form of energy ubiquitous in our modern world, associated with everything from WiFi networks to microwave ovens to power lines. Most of us do not notice it. Some individuals, however, apparently suffer from a condition known as electromagnetic hypersensitivity (“EHS”), which requires them to avoid exposure to sources of electromagnetic radiation. These sources in

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Larry Hacker v. Sedgwick County, Kansas

The Sedgwick County, Kansas, Board of Zoning Appeals (Board) appeals the district court's decision vacating the Board's grant of three zoning variances to Norman and Leatha Hein related to their lawn care business operated from their rural home. The Board argues that Larry Hacker, Terry Hacker, Richard Gronniger, and Kansas Paving Company, who are the owners and lessees of real property adjacent t

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Mike Batman v. Metro Petroleum, Inc.

¶1 This case concerns a dispute over the price of fuel that convenience store owner Mike Batman purchased from fuel distributor Metro Petroleum, Inc. The price stated in the parties' written contract was one cent per gallon above the actual delivered cost price of fuel. Mr. Batman has contended the "cost price of fuel" includes a 1% discount Metro receives after delivery for paying the refinery w

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Jeremy McDaniel v. Trio Holdings, LLC d/b/a Trio Wireless

Jeremy McDaniel sued Trio Holdings, LLC d/b/a Trio Wireless as a result of injuries McDaniel sustained when he was a business invitee on Trio’s premises. McDaniel alleged that Trio and its employees were negligent and breached a duty of reasonable care by failing to make the premises safe. Trio moved for summary judgment, asserting that it owed no duty to McDaniel because the criminal act was

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Scott Lyons v. Tanois Chamoun

The plaintiff filed suit against the owner and driver of a car for injuries sustained in an auto accident. The plaintiff served the owner with a proposal to settle the case for $40,000 o n August 13, 2004.1 The proposed settlement provided:

As a condition of this Proposal for Settlement, in exchange for the $40,000.00 hereinabove offered to settle this matter, Plaintiff, TANOIS CHAMOUN, wil

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WPIX, Inc. v. IVI, Inc.

In this case, plaintiffs-appellees -- producers and owners of copyrighted television programming -- sued defendants-appellants ivi, Inc. ("ivi") and its Chief Executive Officer, Todd Weaver, for streaming plaintiffs' copyrighted television programming over the Internet live and without their consent. The district court granted a preliminary injunction for plaintiffs, holding that: (1) plaintiffs w

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Apple, Inc. v. Samsung Electronics

Apple, Inc. sued Samsung Electronics on patent infringement theories claiming that the Defendant infringed five patents issued to it relating to its iPhone that Samsung used in the design and manufacture of smartphones.

Samsung denied wrongdoing.

Recent Court minutes entered by the Court:

08/01/2012 1533 DECLARATION of John B. Quinn Submitted At the Request of the Court

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Green Mountain Realty Corp. v. John S. Leonard

This appeal arises from an attempt by appellant Green Mountain Realty Corp. to secure permits and regulatory approval to construct a 140-foot cellular phone tower in Milton, Massachusetts. Green Mountain's applications to the Town of Milton Zoning Board of Appeals (the "Board" or "BOA") and the Milton Conservation Commission (the "Commission" or "MCC"), both necessary steps in the approval proces

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420 Caregivers, LLC v. City of Los Angeles

Appellant in this case is the City of Los Angeles (City). Respondents are various collectives and individual members of collectives (Collectives) currently engaged in the cultivation, distribution, or use of medical marijuana within City limits.1 In the court below, the Collectives filed various separate lawsuits seeking to enjoin enforcement of City Ordinance No. 181069 (Ordinance), passed by the

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Martha Hoover v. American Income Life Insurance Company

Martha Hoover, plaintiff and respondent, worked as a sales agent for about four months for American Income Life Insurance Company (AIL), defendant and appellant. AIL appeals from an order denying its petition to compel arbitration of Hoover‟s civil action based on various Labor Code statutes. (Code Civ. Proc., § 1294, subd. (a).)

The underlying issue, which we do not resolve in this appe

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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

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Shannon Reagan v. The City of Newport

This case arises out of a dispute over real property in the City of Newport (Newport or city). The plaintiffs, Shannon Reagan, William A. Reagan, Terrance Moy, and Margaret Moy, appeal from a judgment in favor of the defendants, Newport and its representatives,1 on the plaintiffs’ action to clear title to a portion of the Washington Street Extension, which is located in Newport. In this appeal,

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Teresa Soppet v. Enhanced Recovery Company, LLC

The Telephone Consumer Protection Act (TCPA or “the Act”), 47 U.S.C. §227, is well known for its provisions limiting junk-fax transmissions.

A less-litigated part of the Act curtails the use of automated dialers and prerecorded messages to cell phones, whose subscribers often are billed by the minute as soon as the call is answered—and routing a call to voicemail counts as answering

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Marie J. Carter, D.O. v. Michael Schuster

¶1 The issue in this cause is whether a person, who signed an agreement on behalf of a corporation as its agent, which contained an arbitration clause, can be treated by the arbitration authority as an individual party to the arbitration. We hold that under these facts, he cannot be considered as a party to the agreement to arbitrate.

I. Facts and Procedure

¶2 Dr. Mary J. Carte

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Javier Alvarado v. Lexington Insurance Company

Appellant, Javier Alvarado, sued Lexington Insurance Company (“Lexington”) for breach of contract, breach of the duty of good faith and fair dealing, and violations of the Texas Insurance Code and the Deceptive Trade Practices Act (“DTPA”) after Lexington rejected Alvarado’s claim for property damage following Hurricane Ike. The trial court rendered summary judgment in favor of Lexingto

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Lisa M. Holland v. David A. Gee

After hearing the evidence in this pregnancy discrimination case, the jury returned a verdict in favor of the plaintiff, Lisa Holland, and awarded her $80,000 in back pay and $10,000 for emotional distress. The defendant, Sheriff David Gee, moved for judgment as a matter of law. The District Court sustained the jury’s finding of liability, but vacated the award of back pay. After careful review

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Michael Willard v. AT& T Communications of California

Plaintiffs and appellants Michael Willard and Jessica Sher subscribed to a wireline1 telephone service and to a service offered by the telephone company that suppressed their names, addresses, and telephone numbers from the White Pages telephone directory and 411 directory assistance (―nonpublished service‖). The voice communications services industry in California is under the jurisdiction of

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AK Morlan
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