News
Personal Injury
- [04/10] Judge fines Costa $1.3M for Concordia wreck
- [04/09] NM school bus crashes into embankment; driver dead
- [04/09] NTSB probes case of texting helicopter pilot
Tort
- [04/10] Judge fines Costa $1.3M for Concordia wreck
- [04/10] NH jury: Exxon Mobil owes $236M over gas chemical
- [04/09] NM school bus crashes into embankment; driver dead
Business
- [04/10] Minutes: Fed divided over when to end stimulus
- [04/10] Markets solid after early release of Fed minutes
- [04/10] Oil falls below $94 ahead of US inventory figures
Litigation
Case Summaries
Injury & Tort Law
[05/21] Ateliers de la Haute-Garonne v. Broet Je Automation USA Inc.
In action in which plaintiff asserted counts of patent infringement, trade dress infringement, unfair competition, and intentional interference with prospective economic advantage, the district court's ruling that the claims in suit are invalid for failure to disclose the best mode of carrying out the invention related to the process for distributing rivets is: 1) reversed in part, as to the judgment of invalidity on best mode grounds; 2) affirmed in part, that the patent was not abandoned; and 3) remanded for determination of the remaining issues.
[05/21] Hinojos v. Kohl's Corporation
District court's dismissal of claims under California’s Unfair Competition Law, Fair Advertising Law, and Consumer Legal Remedies Act brought by a plaintiff in a putative class action against defendant alleging false advertising, is reversed, where: 1) a consumer has "lost money or property" so long as false advertisements induced him to buy a product he would not have purchased or to spend more than he otherwise would have spent, and thus has standing to sue under the Unfair Competition Law and Fair Advertising Law because he has suffered an economic injury; 2) for the same reasons, plaintiff states a claim under the California’s Consumer Legal Remedies Act; and 3) defendant' motion to certify the issues to the California Supreme Court both on the merits and because defendant only requested certification for the first time after oral argument.
[05/21] Hart v. Electronic Arts, Inc.
Summary judgment for defendant on plaintiff's claim that defendant violated his right of publicity for using plaintiff's likeness and biographical information in its NCAA Football series of videogames is reversed and remanded, where: 1) the NCAA Football 2004, 2005 and 2006 games at issue in this case do not sufficiently transform plaintiff's identity to escape the right of publicity claim; and 2) the only apparent use of plaintiff's likeness in NCAA Football 2009 (the photograph) is protected by the First Amendment, plaintiff's overall claim for violation of his right of publicity should have survived defendant's motion for summary judgment.
[05/20] Sebelius v. Cloer
An untimely petition under the National Childhood Vaccine Injury Act may qualify for an award of attorney's fees if it is filed in good faith and there is a reasonable basis for its claim.
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