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Patent Law
 
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)

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)

In Re: Jimmy John's Overtime Litigation Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Plaintiffs‐appellants brought this
collective and class action lawsuit against Jimmy John’s1 on
behalf of all assistant store managers nationwide for violations
of the Fair Labor Standards Act (“FLSA”). Although the
vast majority of plaintiffs work in stores owned by franchisees,
2 they claim that Jimmy John’s is their joint employer.
1 The Jimmy John’s corporate defe... More...
   $0 (12-14-2017 - IL)

STATE OF LOUISIANA V. WILLIE J. ELLISON, JR. Fifth Circuit Court of Appeal - State of Louisiana

On October 31, 2007, the Jefferson Parish District Attorney filed a bill of
information charging defendant with possession with intent to distribute heroin, a
violation of La. R.S. 40:966(A) (count one), and possession with intent to
distribute cocaine, a violation of La. R.S. 40:967(A) (count two). On August 23,
2010, defendant pled guilty as charged, and sentencing was set f... More...
   $0 (12-14-2017 - LA)

STATE OF LOUISIANA V. MONOTOR M. PETE COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA

Louisiana law requires convicted sex offenders to register with local law
enforcement authorities and to notify the communities in which they reside of their
presence. See La. R.S. 15:540, et seq. (the “Sex Offender Statutes”). Mr. Pete’s
obligation to register and to notify arises out of his November 7, 2002 conviction
for felony carnal knowledge of a juvenile.1 State v. Pete,... More...
   $0 (12-14-2017 - LA)

STATE OF LOUISIANA V. ROBERT SINEGAL AKA, ROBERT SENEGAL Man leads state police on high-speed chase in Acadiana

On September 25, 2015, agents with the Louisiana Department of
Corrections, Office of Probation and Parole, as well as officers from the Kaplan
Police Department and members of the canine unit, arrived at a residence to
execute a parole warrant on Robert Sinegal. After the officers located him and
collected evidence inside the residence, the State charged the defendant, Robert... More...
   $0 (12-14-2017 - LA)

STATE OF LOUISIANA V. KEITH STEWART Fifth Circuit Court of Appeal - State of Louisiana

This is defendant’s third appeal.
In 1982, defendant was convicted by a jury of second degree murder in
violation of La. R.S. 14:30.1. 1 The trial judge sentenced defendant to life
imprisonment at hard labor, without benefit of parole, probation, or suspension of
sentence. The Louisiana Supreme Court affirmed defendant’s conviction and
sentence on September 8, 1983. St... More...
   $0 (12-01-2017 - LA)

STATE OF LOUISIANA V. JEREMY J. DAVIS Fifth Circuit Court of Appeal - State of Louisiana

On February 7, 2007, defendant, Jeremy Davis, was charged by bill of
information with possession of MDMA and possession of cocaine. At his
arraignment, on March 19, 2007, Mr. Davis pled not guilty. On September 16, 2016,
Mr. Davis entered a guilty plea to both charges under Alford1 and he was sentenced
on each count to two years imprisonment with the Department of Corrections... More...
   $0 (12-01-2017 - LA)

STATE OF LOUISIANA V. CHARLES E. NELSON Fifth Circuit Court of Appeal - State of Louisiana

On February 1, 2016, the Jefferson Parish District Attorney filed a bill of
information charging defendant, Charles E. Nelson, with possession with intent to
distribute cocaine in violation of La. R.S. 40:967 A (count one); possession with
intent to distribute hydrocodone in violation of La. R.S. 40:967 A (count two);
possession with intent to distribute Alprazolam in violation... More...
   $0 (12-01-2017 - LA)

STATE OF LOUISIANA vs. RYAN POREE Man convicted of eastern New Orleans double murder sentenced to 2 life sentences plus 89 years

In January 2012, the relator was charged by indictment with two counts of
second degree murder, one count of attempted second degree murder, and one
count of obstruction of justice in violation of La. Rev. Stat. 14:30.1, 14:(27) 30.1,
and 14:130.1, respectively. He pleaded not guilty and not guilty by reason of
insanity and, after a three day trial in February 2014, was found ... More...
   $0 (12-01-2017 - LA)

STATE OF LOUISIANA V. BRIAN MICHAEL HUGHES Louisiana Third Circuit Court of Appeal

On April 20, 2016, Sergeant Robert Murphy of the Louisiana State Police
was traveling southbound on Highway 167 when he noticed Defendant, Brian
Michael Hughes, leaning against a vehicle in the teacher’s parking lot of Grant
Junior High School, near Dry Prong, Louisiana. Sergeant Murphy turned around
and approached Defendant. It appeared to Sergeant Murphy that Defendant was ... More...
   $0 (12-01-2017 - LA)

Rose Anwar v. DOW Chemical Company, Meglobal International PZE; Ramesh Ramachandran Western District of Michigan Federal Courthouse - Grand Rapids, Michigan

Rose Anwar appeals the district court’s dismissal of her claims and argues that the district court erred in granting a motion to dismiss for lack of personal jurisdiction and a motion for summary judgment to Defendants-Appellees MEG
International and The Dow Chemical Company (“Dow”) respectively. Anwar also argues that
the district court erred in denying her request for additional discover... More...
   $0 (11-30-2017 - MI)

Donna Dunn v. Tiffany Baker Missouri Court of Appeals Eastern District Courthouse - St. Louis, Missouri

Tiffiny Baker (Baker) appeals the judgment of the trial court on Donna Dunn's (Dunn) petition to recover unpaid rent and possession of a premises owned by Dunn. Baker argues that the lease at issue between Dunn and Baker was ambiguous and the trial court erred in granting relief to Dunn. We affirm.

Background

On March 2, 2016, Baker and Dunn entered into a commercial lease agreem... More...
   $0 (11-28-2017 - MO)

State of Louisiana v. Robert Matthews. State of Louisiana Court of Appeal, Fourth Circuit

Officer Calvin Banks testified that on June 20, 2011, he and his partner, Officer Watson, responded to a call of three suspicious people, all of whom were wanted by police, selling drugs at 1517 Franklin Avenue. When the officers arrived at 1517 Franklin Avenue, they observed two unknown black females and one unknown black male, the defendant. Officer Banks requested that the subjects provide him ... More...   $0 (11-25-2017 - LA)

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