Journey Operating, L.L.C., Journey Acquisition-I, L.P., and Journey 2000 L.P. appeal from a declaratory judgment determining that Pogo Producing Company is the duly elected successor operator under a joint operating agreement. For the reasons that follow, we affirm.

UNDERLYING FACTS

The issue in this case is whether the trial court correctly determined that Pogo was duly elected a

In Weinberg v. Sprint Corp., 173 N.J. 233 (2002), we concluded that the filed rate doctrine effectively barred plaintiffs from seeking monetary and injunctive relief against telecommunications carriers under the Consumer Fraud Act, N.J.S.A. 56:8-1 to 20, because the doctrine precluded plaintiffs from pleading a claim of ascertainable loss capable of surviving a motion for summary judgment. In thi

Plaintiff, VoiceStream Wireless (VoiceStream), appeals from the grant of summary judgment to defendants, the City of Southfield and its City Council, in this action alleging violations of the Telecommunications Act of 1996, 47 U.S.C. § 332, and claims under 42 U.S.C. § 1983. The district judge found that the Telecommunications Act claims were barred by the 30-day statute of limitations for institu

Greg and Carolyn Coursen ("the Coursens") appeal from a judgment denying their petition for a temporary restraining order, preliminary injunction and permanent injunction against the City of Sarcoxie, Missouri ("the City" or "Sarcoxie"). The Coursens contend that the trial court erred in refusing to enjoin the City from: (1) changing its method of billing for the water and sewage services that it

John Abuan brought this employment discrimination suit under 42 U.S.C. §§ 2000e, et seq. (Title VII), and the Age Discrimination in Employment Act, 29 U.S.C. §§ 623, et seq. (ADEA) against his former employer, Level 3 Communications, Inc. Mr. Abuan, who is of Hispanic and Filipino heritage and was over fifty years of age at the time of the alleged discriminatory acts, asserted that he was subjecte

One of the concerns that led up to the enactment of the Telecommunications Act of 1996, 47 U.S.C. §§ 151 et seq., was that zoning decisions by local governments were unreasonably retarding the growth of cellphone and other wireless services. Congress decided not to preempt local regulation entirely, but instead (so far as bears on this case) to require that the denial by a zoning board o

Ericsson, Inc. and Telefonaktiebolaget LM Ericsson (collectively, "Ericsson") appeal from the decision of the United States District Court for the Eastern District of Texas granting judgment as a matter of law ("JMOL") that Harris Corporation and Intersil Corporation (collectively, "Harris") do not infringe Ericsson's U.S. Patent 4,961,222. Ericsson, Inc. v. Harris Corp., No. 4:98cv325 (E.D. T

This is an appeal from the district court's dismissal of a removed state court action in which several residents of the town of Boxborough, Massachusetts, sought to undo a decision of the Boxborough Zoning Board of Appeals. The decision in question occurred in May 2002, when the Board settled a federal lawsuit brought against it by Omnipoint Communications, Inc., by issuing a variance permittin

Appellant Jim Mabrey ("Mabrey") appeals from an order granting Appellee SandStream, Inc. ("SandStream") a temporary injunction prohibiting Mabrey from, among other enumerated acts, "mak[ing] any commercial, business, or personal use" of SandStream's confidential, trade secret, and proprietary information. In three issues, Mabrey complains that the trial court abused its discretion by granting t

Civil Rights: Giving new meaning to the automotive advertising slogans "The Ultimate Driving Machine"1 and "We've Got You Covered," 2 some luxury cars are now equipped with telecommunication devices that provide a set of innovative services to car owners. These on-board systems assist drivers in activities from the mundane - such as navigating an unfamiliar neighborhood or finding a nea

Plaintiffs RCI (Realizing Confidence & Independence) and NISH appeal from the district court's grant of summary judgment to Defendants, Secretary of Defense Donald Rumsfeld and Secretary of the Air Force James G. Roche ("Secretaries"), and Intervenors New Mexico Commission for the Blind ("NMCB"), and Robert Vick, a licensed blind vendor. NISH v. Rumsfeld, 188 F. Supp. 2d 1321 (D.N.M. 2002). Pla

This is a suit by common shareholders of Cadant, Inc. (now CDX Corporation). The defendants are two corporate entities that we'll call "Venrock" and "J.P. Morgan" and individuals associated with them, but we defer consideration of the individual defendants to the end of the opinion and till then use "defendants" to denote just the entities. The suit is based on federal securities law and

United States Cellular Telephone of Greater Tulsa, L.L.C. ("U.S. Cellular") brought two separate suits in federal court, challenging decisions by the City of Broken Arrow, Oklahoma ("the City"), denying specific use permit ("SP") requests for the construction of cellular transmission towers. On October 2, 2002, the district court reversed the City's denial of SP-149, concluding that the City's

Defendants the New Jersey Department of Education ("NJDOE"), Jeffrey Osowski, Barbara Gantwerk, and Melinda Zangrillo (collectively "State Defendants") appeal from the order of the United States District Court for the District of New Jersey denying their motion to dismiss. We must determine whether the State Defendants are entitled to constitutional immunity from plaintiff A.W.'s claims

In the mid-1990's, Lawrence Niren explained to anyone who would listen how he used a variety of schemes to con businesses out of more than $2 million. In most cases, companies paid Niren a small fee in exchange for information about potential investors or other business opportunities that didn't really exist. Niren eventually came clean, sending a full confession to various media outlets

The plaintiff, Town of Ossipee (town), appeals from an order of the Superior Court (O'Neill, J.) ruling that defendant Whittier Lifts Trust (Whittier Trust) is not liable for taxes levied against a State-owned communications tower (tower) on its property. In addition, the State appeals from a separate order of the Superior Court (T. Nadeau, J.) ruling that defendant Whittier Communications, Inc

Defendant, Level 3 Communications, L.L.C. (Level 3), appeals from the judgment of the trial court dismissing its counterclaim for condemnation filed in response to the action of plaintiff, Ladue Group, L.C., for trespass and injunctive relief for Level 3's installing conduit for fiberoptic cable on plaintiff's property. We affirm.

Plaintiff owned real property fronting Ladue Road in the C

This appeal arises from the Public Service Commission's approval of tariffs allowing certain rural telephone companies to charge specified rates for delivering calls from wireless companies. As Appellants, the wireless companies assert the Commission erroneously applied the law in granting the tariffs. We affirm in part and reverse in part.

1 The only issue presented1 is whether a landowner is entitled to additional compensation when fiber optic cables are installed within the confines of a public right of way or easement on which public highways or roads are established. We hold that under the facts presented, no additional compensation is warranted.

FACTS

2 This cause concerns a class action lawsuit2 brought by the a

The Securities and Exchange Commission announced today that it has settled charges against Citigroup Global Markets Inc., formerly known as Salomon Smith Barney Inc. ("SSB"), a New York-based brokerage firm and investment bank, arising from an investigation of research analyst conflicts of interest. This settlement, and settlements with nine other brokerage firms, are part of the global settl

The Securities and Exchange Commission announced today that it has settled charges against Goldman, Sachs & Co., a New York-based investment bank and securities firm, arising from an investigation of research analyst conflicts of interest. This settlement, and settlements with nine other brokerage firms, are part of the global settlement the firms have reached with the Commission, NASD, Inc.,

This antitrust case involves the market for small business local telephone services in the Seattle/Tacoma area. Defendant-Appellee Qwest, formerly known as “U S West,” owns the local telephone network in 14 western states, including Washington. In addition to selling basic flat-rate business lines, Qwest also sells “Centrex,” a product offering volume discounted phone

Angie Marsalis sued Seymour Beitshcer for the breach of a brokerage agreement. Both parties moved for summary judgment. The trial court denied Beitscher's motion, granted Marsalis's motion, and awarded damages to Marsalis in the amount of $108,000. Beitscher appeals, contending in his first and third issues that the trial court erred in granting summary judgment in favor of Marsalis and that

The Washington Independent Telephone Association (the Association), a trade organization of independent rural telephone companies, claims that the Washington Utilities and Transportation Commission (the Commission) violated the Association members' due process rights by designating, at an open public meeting, an additional telecommunications provider in the rural areas previously served e

The plaintiffs, Deborah Todt, Ella Monroe, Bonnie McMinn, and Daniel McKay, individually and on behalf of all others similarly situated, filed a class action suit and settlement on November 10, 1997, in order to settle a suit against the defendants, Ameritech Corp. (Ameritech) and Ameritech Services, Inc. (ASI), The Ohio Bell Telephone Company (Ohio Bell), Indiana Bell Telephone Company (Indian