A jury awarded Visible Systems Corporation ("VSC") trademark infringement damages of $250,000 against Unisys Corporation on a reverse confusion claim. See 15 U.S.C. § 1125(a). The district court also issued a permanent injunction prohibiting Unisys from using the trademarks or service marks 3D VISIBLE ENTERPRISE, 3D-VE, or VISIBLE in the United States in the enterprise modeling or enterprise arch

{¶1} Bringing forth a single assignment of error, defendants-appellants Spectrum Networks, Inc. (“SNI”), a telecommunications provider, and Troy McCracken, the president and chief executive officer of SNI, appeal the trial court’s judgment that disqualified their trial counsel, Gregory Utter, from representing them in further proceedings related to plaintiff-appellee Gary Lee Brown’s laws

[¶1] These two consolidated appeals arise from the dismissal of a complaint for lack of personal jurisdiction. Richard and Miracles Meyer reside in Teton County, Wyoming. They own real property in the State of Hawaii. Tony Hatto and Ben Sullivan reside in Hawaii. They are partners in a business known as Design Workshop, also based in Hawaii. The Meyers entered into a contract with Design Workshop

Verizon Communications, Inc. sued OnlineNIC on a cybersquatting theory claiming that Defendant wrongfully registered Internet domain names purposely similar to the telecommunications giant's trademarks. Verizon claimed that OnlineNic unlawfully registered at least 663 domain names that were either identical to or confusingly similar to Verizon trademarks.

OnlineNIC did not answer or defen

A jury awarded Visible Systems Corporation ("VSC") trademark infringement damages of $250,000 against Unisys Corporation on a reverse confusion claim. See 15 U.S.C. § 1125(a). The district court also issued a permanent injunction prohibiting Unisys from using the trademarks or service marks 3D VISIBLE ENTERPRISE, 3D-VE, or VISIBLE in the United States in the enterprise modeling or enterprise arch

In this attorney negligence case, plaintiffs OFS Fitel LLC and OFS BrightWave LLC (collectively, “Fitel”) appeal the district court’s final judgment of dismissal, contending the district court abused its discretion in imposing discovery sanctions. Defendant Epstein, Becker & Green, P.C. (“EBG”) moved to dismiss the appeal for lack of jurisdiction. After review and oral argument, we concl

Devonna Culpepper brought this action against the Secretary of the United States Department of Agriculture (“USDA”), alleging that the USDA discriminated against her because she is disabled and retaliated against her for engaging in protected conduct. The district court granted the USDA’s motion for summary judgment. Culpepper appeals, and for the following reasons, we reverse.

I. BAC

The spiraling cost of brand-name prescription drugs is a matter of great concern to government at every level. New Hampshire has attempted to curb this escalating problem by enacting innovative legislation. Certain affected companies have challenged New Hampshire's legislative response, and that challenge raises important constitutional questions that lie at the intersection of free speech and cyb

T-Mobile, LLC, (“T-Mobile”) brought this action challenging the decision of the Unified Government of Wyandotte County/Kansas City, Kansas (“Unified Government”) to deny T-Mobile’s application for a Special Use Permit to construct a wireless telecommunications facility. T-Mobile sought declaratory, injunctive, and mandamus relief. The parties filed cross-motions for summary judgment and

13 Harold Bonime brought a putative class action in federal court in New York alleging
14 violations of the Telephone Consumer Protection Act, 47 U.S.C § 227(b)(1)(C) (“TCPA”).
15 Federal jurisdiction was grounded in diversity of citizenship. See 28 U.S.C. § 1332(d)(2). The
16 district court dismissed the complaint because New York law does not permit private actions for
17 v

Harold Bonime brought a putative class action in federal court in New York alleging 14 violations of the Telephone Consumer Protection Act, 47 U.S.C § 227(b)(1)(C) (“TCPA”). 15 Federal jurisdiction was grounded in diversity of citizenship. See 28 U.S.C. § 1332(d)(2). The 16 district court dismissed the complaint because New York law does not permit private actions for 17 violations of the TC

“When you’re winning, you make it easy, when you’re losing you make it hard, when you don’t know, you give it to the judge, that’s what lawyers do.”

With this appeal, the court delves into the field of supplying electrical energy, a field strewn with such concepts and terms as “PPA capacity,” “requested energy,” “replacement energy,” “power factor of 0.9

Mark Levy filed a shareholder derivative suit on behalf of Fairchild Semiconductor International, Inc. (“Fairchild”) against Sterling Holding Company, LLC (“Sterling”) and National Semiconductor Corporation (“National”) for disgorgement of short-swing profits, pursuant to section 16(b) of the Exchange Act of 1934. National and Sterling contend that two separate SEC Rules, 16b-3 and 16b

This is the appeal and cross-appeal of a judgment entered in Scott Circuit Court after a jury found Cincinnati Insurance Company (CIC) liable to George and Kay Hofmeister for fraudulent misrepresentation and for violation of the Kentucky Unfair Claims Settlement Practices Act (UCSPA), Kentucky Revised Statutes (KRS) 304.12–230. CIC appeals the trial court’s denial of its motions for summary ju

In this appeal we consider whether a plan administrator’s reduction of benefits under a long-term-disability plan based on a participant’s receipt of Social Security disability benefits is reasonable and entitled to deference. Frankie White and Leon Warner appeal the summary judgment against their complaints for benefits under the Coca-Cola Company Long Term Disability Income Plan, which is go

Michael Germano is a man with a severe hearing impairment who applied for a tax advisor position with Defendant International Tax Advisors, Inc. (“ITA”). Believing that ITA rejected him for the position because of his disability, he filed suit against ITA in district court under the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12111-17 (2000). He also named as defendants other c

In this licensing dispute with the City of Saint Louis, Level 3 appeals, challenging, among other things, the district court's1 denial of Level 3's motion to reopen discovery and the court's grant of summary judgment in the City's favor on the City's claim that neither the license agreement between the parties nor St. Louis City Revised Code Chapter 23.64 (the city ordinance) prohibits or effectiv

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

Respondent Cingular Wireless, LLC (Cingular) advertises a cellular phone for sale at half the retail price if the purchaser also enrolls in a calling plan package. The California Code of Regulations requires that the sales tax must be computed against the non-sale price of the product. The regulation permits, but does not require, that the charge be passed on to the customer. Cingular does so with

Appellant Jared A. Peck (“Appellant”) appeals the district court’s grant of the motion to dismiss the complaint filed by Appellees Cingular Wireless, LLC and its subsidiaries (collectively, “Cingular” or “Appellees”). We have jurisdiction pursuant to 28 U.S.C. § 1291 and vacate and remand the decision of the district court.

I. BACKGROUND

Appellant is a former employee

Plaintiffs Certain Underwriters at Lloyd’s, London, and Certain London Market Insurance Companies1 sought a judicial declaration of their obligations under reinsurance and direct insurance contracts involving defendant Astro Limited (Astro), serving as both the reinsured and direct, captive insurer, and defendant Boeing Company (Boeing), the direct insured. The circuit court of Cook County grant

In this case, we are asked to determine the constitutionality of Public Act 94–804 (the Act), which imposed, for a two-year period beginning on the effective date of the amendatory Act, a 3% surcharge on the four riverboat casinos in Illinois that had adjusted gross receipts (AGR) of over $200 million in the calendar year 2004. The remaining five riverboat casinos, all of which had AGRs below $2

[1.] North American Truck & Trailer, Inc. (NATT) appeals from an order of judgment dismissing its claim for fraud and deceit against M.C.I. Communication, Inc. d/b/a Verizon Business Services (MCI). We reverse and remand.

FACTS AND PROCEDURAL HISTORY

[2.] NATT is a South Dakota corporation with its principal place of business in Sioux Falls, South Dakota. MCI is a Delaware corporat

An employee at an armored transportation company was the subject of an internal investigation into missing cash and knew he could be terminated depending on the outcome. During the investigation, he notified his employer for the first time that he was suffering from pain and numbness in his arms, fingers, shoulders, and feet; he stated he had been experiencing those symptoms for a year or two;

Worldwide Network Services ("WWNS') sued DynCorp International on breach of contract and other theories for the damages that it claimed that it sustained as a result of the conduct of DynCorp which WWNS claimed was racially motivated. WWNS provided telecommunications services to DynCorp in Iraq and Afghanistan on government contracts awarded to DynCorp. WWNS claimed that DynCorp forced it off