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Eleanor Licensing, LLC v. Classic Recreations, LLC

Following a four-day bench trial, the court entered
judgment in favor of Eleanor Licensing LLC and Denice
Shakarian Halicki and against Classic Recreations, LLC, T&D
Motor Company, Jason Engel and Tony Engel (collectively
Classic), ordering that Eleanor Licensing retain possession of a
vehicle identified as “Eleanor No. 1,” which had been
manufactured by Classic pursuant to... More...
   $0 (03-22-2018 - CA)

Pauline Burkhart v. R.J. Reynolds Tobacco Company Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This appeal, brought by three tobacco companies (“Appellants”), challenges on multiple grounds the judgment entered against them and in favor of Pauline Burkhart for compensatory and punitive damages. The judgment was awarded after a bifurcated, ten-day trial in which the jury found in Burkhart’s favor on her claims of negligence, strict liability, fraudulent concealment, and civil conspiracy. Thi... More...   $0 (03-12-2018 - FL)

Edward Lewis Tobinick, M.D. v. M.D. Seven Novella, et al. Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Dr. Edward Tobinick appeals the District Court’s award of attorney’s fees to Dr. Steven Novella. Dr. Tobinick argues both that the District Court’s decision to award attorney’s fees and the amount of fees it awarded were made in error. This case presents an issue of first impression for our circuit. That is, whether the “exceptional case” standard for awarding attorney’s fees in Patent Act cases, ... More...   $0 (03-12-2018 - FL)

Kenton L. Crowley; John A. Flores v. EpiCept Corporation Southern District of California Federal Courthouse - San Diego, California

This appeal follows the trial on Drs. Crowley and Flores’s
(the Doctors) claims against EpiCept Corporation (EpiCept)
for breach of contract, breach of the implied covenant of good
faith and fair dealing, and fraud. The Doctors’ claims arise
from their assignment to EpiCept of two patents for a non-
FDA approved drug (referred to as “NP-2”) and EpiCept’s
failure to develop ... More...
   $0 (02-19-2018 - CA)

Apple, Inc. v. The Superior Court of San Diego County, Anthony Shamrell, Real Party in Interest

Doyle Lowther, William J. Doyle, John A. Lowther and Chris W. Cantrell; Gomez
Trial Attorneys, John H. Gomez and Deborah S. Dixon; Niddrie Addams Fuller, Rupa G.
Singh for Real Parties in Interest Anthony Shamrell and Daryl Rysdyk.
In this writ proceeding, we decide an issue of apparent first impression: Does the
Supreme Court's analysis of the admissibility of expert opinion evide... More...
   $0 (02-19-2018 - CA)

Digital Ally, Inc. v. Utility Associates, Inc. District of Kansas Courthouse - Kansas City, Kansas

Plaintiff-Appellant Digital Ally, Inc. appeals from the district court’s grant of
summary judgment in favor of Defendant-Appellee Utility Associates, Inc. Digital
Ally, Inc. v. Utility Assocs., Inc., No. 2:14-cv-02262-CM, 2017 WL 1197561 (D.
Kan. Mar. 30, 2017). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.1
This case concerns two companies who sell in-c... More...
   $0 (02-16-2018 - KS)

BMG Rights Management (US) LLC v. Cox Communications, Inc., et al. Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

BMG Rights Management (US) LLC (“BMG”), which owns copyrights in musical compositions, filed this suit alleging copyright infringement against Cox Communications, Inc. and CoxCom, LLC (collectively, “Cox”), providers of high-speed Internet access. BMG seeks to hold Cox contributorily liable for infringement of BMG’s copyrights by subscribers to Cox’s Internet service. Following extensive discovery... More...   $0 (02-14-2018 - VA)

Waymo, L.L.C. v. Uber Technologies, Inc. and Ottomotto, L.L.C.

San Francisco, CA - Uber Agreed To Pay Waymo $245 Million in Urber Stock To Settle

Waymo, LLC sured Uber Technologies, Inc. on patent infringement and theft of trade secret theories claiming that Urber bought Otto, which Waymo claimed had obtained technology relating to self-driving vehicles as a result of Otto's owner downloading Google technology files before leaving to found Otto. More...
   $0 (02-10-2018 - CA)

United States of America v. Abhishek Shukla and Harish Shabhai Panchal Southern District of Florida Courthouse - Miami, Florida

Miami, FL - Two Indian Citizens and India-based Corporation Plead Guilty to Conspiring to Smuggle Counterfeit Cigarettes

Abhishek Shukla and Harish Shabhai Panchal, both citizens of India, entered guilty pleas, along with the India-based company, Jubilee Tobacco Industries Corp., to conspiring to smuggle counterfeit cigarettes into the United States.

Benjamin G. Greenberg, United... More...
   $0 (01-24-2018 - FL)


The defendant, Vaughn Outlaw, appeals from the judgment of conviction, rendered after a jury trial, of assault public safety personnel in connection with his assault of an employee of the Department of Correction (department) in violation of General Statutes § 53a-167c (a) (5).1 On appeal, the defendant asserts that the court committed plain error when it did not include detailed language on the u... More...   $0 (01-19-2018 - )

McMillin Albany, LLC v. The Superior Court of Kern County, Carl Van Tassel, Real Parties in Interest

In Aas v. Superior Court (2000) 24 Cal.4th 627, 632 (Aas), this court held
that the economic loss rule bars homeowners suing in negligence for construction
defects from recovering damages where there is no showing of actual property
damage or personal injury. We explained that requiring a showing of more than
economic loss was necessary to preserve the boundary between tort and con... More...
   $0 (01-19-2018 - CA)

Samuel Duran v. U.S. Bank National Association

In our second encounter with this class action case, plaintiffs Samuel Duran and
Matt Fitzsimmons appeal from the trial court’s order denying class certification. This
case is a wage and hour class action challenging whether defendant U.S. Bank National
Association (Bank) had properly classified its business banking officers (BBOs) as
exempt employees under the outside salesperson ... More...
   $0 (01-18-2018 - CA)

State of Louisiana v. Chadric L. Green State of Louisiana Court of Appeal, Second Circuit (Shreveport)

On October 29, 2014, the Mansfield Police Department received a
walk-in complaint from the victim of events that involved a man firing a gun
into the air in a pasture located in Mansfield, Louisiana, and subsequently
engaging in a physical altercation with the victim. The victim and other
witnesses identified Chadric Green as the individual who pulled a weapon
out of his ... More...
   $0 (01-12-2018 - LA)

Leapers, Inc. v. SMTS, LLC and Sun OPtics, USA Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Plaintiff Leapers, Inc. appeals the district court’s entry of
summary judgment for Defendant Sun Optics USA in Plaintiff’s case alleging trade dress
infringement under the Lanham Act, 15 U.S.C. § 1051, et seq. For the reasons set forth below,
we VACATE the district court’s judgment and REMAND the case for further proceedings.
Plaintiff Leapers, Inc. makes adjustable ... More...
   $0 (01-10-2018 - MI)

Commodores Entertainment Corporation v. Thomas McClary and Fifth Avenue Entertainment, LLC Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this common-law trademark case, Thomas McClary appeals from an order granting judgment as a matter of law to Commodores Entertainment Corporation (CEC) and converting a preliminary injunction into a permanent one against McClary and his corporation, Fifth Avenue Entertainment, LLC. The dispute concerned ownership of the mark “The Commodores,” the name of a famous Grammy Award–winning rhythm and... More...   $0 (01-09-2018 - FL)

Wandering Dago Inc. v. New York State Office of General Services et al. United States Court of Appeals for the Second Circuit Court of Appeals - New York, New York

New York, NY Plaintiff‐appellant Wandering Dago, Inc., (“WD”) operates a food truck and
32 brands itself and the food it sells with language generally viewed as ethnic slurs.
33 Defendants‐appellees are officials within the New York State Office of General Services
* Judge Carol Bagley Amon, of the United States District Court for the Eastern District of
New York, sitti... More...
   $0 (01-03-2018 - NY)

STATE OF LOUISIANA Vs. ELTON WILLIAMS State of Louisiana Court of Appeal, Fourth Circuit

David Mejia, Nelson Mejia, and the decedent1 were repairing an automobile
when Elton Williams approached asking for a cigarette. Mr. Williams then
allegedly brandished a gun and demanded their money. A struggle ensued, and the
decedent was shot and killed. David and Nelson detained Mr. Williams until
police arrived.
Mr. Williams was charged with two counts of armed robbe... More...
   $0 (12-26-2017 - LA)

STATE OF LOUISIANA Vs. ANTHONY BAUMAN State of Louisiana Court of Appeal, Fourth Circuit

By bill of information dated December 1, 2015, the defendant was charged
with one count of purse snatching, a violation of La. R.S. 14:65.1.1 The defendant
pled not guilty to the charges and proceeded to a jury trial on June 1, 2016. On the
day of trial, the defendant filed numerous motions, including a motion for a twelve
person jury and a motion for the court to instruct th... More...
   $0 (12-26-2017 - LA)

STATE OF LOUISIANA V. CODY R. BROWN Louisiana Fifth Circuit Court of Appeal

On December 5, 2014, the Jefferson Parish District Attorney filed a bill of
information charging defendant with one count of possession of heroin with the
intent to distribute in violation of La. R.S. § 40:966(A) and a second count of
possession of cocaine with the intent to distribute in violation of La. R.S. §
40:967(A).1 Defendant was arraigned on February 19, 2015, and ple... More...
   $0 (12-26-2017 - LA)

STATE OF LOUISIANA V. EARL KEITH HARRIS Louisiana Fifth Circuit Court of Appeal

On December 4, 2015, the Jefferson Parish District Attorney filed a bill of
information charging Defendant with one count of aggravated second degree
battery, in violation of La. R.S. 14:34.7. Defendant pleaded not guilty at his
arraignment on December 7, 2015. Trial commenced on August 24, 2016, before a
six-person jury. However, the next day during trial, the trial court g... More...
   $0 (12-26-2017 - LA)

STATE OF LOUISIANA V. RALPH L. WILLIE Louisiana Fifth Circuit Court of Appeal

On October 17, 2013, the Jefferson Parish District Attorney filed a bill of
information charging defendant with one count of intentional possession of
pornography involving juveniles where the victim is under 13 years of age in
violation of La. R.S. 14:81.1(5)(a) [sic].1 Defendant was arraigned on December
11, 2013, and pled not guilty.
On July 25, 2014, pursuant to a ... More...
   $0 (12-26-2017 - LA)

STATE OF LOUISIANA v. JEFFERY HAYDIN Louisiana Fifth Circuit Court of Appeal

On January 20, 2015, the Jefferson Parish District Attorney filed a bill of
information charging defendant with the second degree battery of Katie Haydin, in
violation of La. R.S. 14:34.1. Defendant pled not guilty at his arraignment on
January 21, 2015. The matter proceeded to trial before a six-person jury on
June 21, 2016. The following day, the jury returned a verdict of... More...
   $0 (12-26-2017 - LA)

T.H., a Minor, etc. v. Novartis Pharmaceuticals Corporation California Supreme Court Building - Sacamento, California

Under California law, a brand-name drug manufacturer has a duty to warn
of known or reasonably knowable adverse effects arising from an individual’s use
of its drug. (See Stevens v. Parke, Davis & Co. (1973) 9 Cal.3d 51, 65.) In this
case, we examine whether — and if so, under what circumstances — a brandname
drug manufacturer may be sued under a theory of “warning label” liability... More...
   $0 (12-25-2017 - CA)

Paula Boyd v. David Freeman

In the underlying action, appellant Paula Boyd
asserted claims against respondent David Freeman
predicated on allegations of wrongful foreclosure. The trial
court sustained Freeman’s demurrer to Boyd’s first amended
complaint without leave to amend, reasoning that the
doctrine of res judicata barred her claims, in view of a
judgment in favor of Freeman and against Boyd in a... More...
   $0 (12-21-2017 - )

United States of America v. Xavier L. Johnson Eastern District of California Federal Courthouse - Sacramento, California

Sacramento, CA - Sacramento Man Sentenced to Prison for Criminal Trademark Infringement

Xavier L. Johnson, 37, of Sacramento, was sentenced December 15, 2017 by U.S. District Judge Garland E. Burrell Jr. to two years and six months in prison and three years of supervised release for trafficking in goods bearing counterfeit trademarks, U.S. Attorney Phillip A. Talbert announced.

A... More...
   $0 (12-18-2017 - CA)

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