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News
Litigation
[05/09]
ArcelorMittal sues Esmark over aborted steel mill sale
[05/09]
Government asks court to block wider testing for mad cow
[05/08]
Oil companies agree to settle MTBE contamination lawsuits
[05/08]
Dan Rather files amended lawsuit against CBS over his firing
[05/07]
More than $11.5M awarded to Florida residents in citrus case
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Real Estate
[05/09]
JHSF Participacoes Net Income Reaches R$64.7 Million in the First Quarter of 2008 and Grows 478%
[05/09]
Cohen & Steers, Inc. Board Declares Quarterly Dividend
[05/09]
UMH Properties, Inc. Reports First Quarter Earnings
[05/09]
FNC(R) Automation Ensures HVCC Compliance for Mortgage Lenders
[05/09]
Apartment Markets Show Signs of Stability, Although Financing Has Become More Difficult to Secure According to National Multi Housing Council Survey
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Personal Injury
[05/09]
Drugs, teens, pot are dangerous mix
[05/09]
77 more hepatitis cases may trace to clinic, officials say
[05/09]
Tornado knocks vehicles around in N. Carolina, kills 1
[05/09]
Plame seeks to resurrect lawsuit in CIA leak case
[05/08]
Minn. gov signs bill to pay bridge collapse victims
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Intellectual Property
[05/08]
Leger painting auctioned for more than $39 million in NYC
[05/08]
Frank Zappa's widow supports plans for Baltimore bust
[05/07]
Company floats ads in 'clouds' shaped like corporate logos
[05/06]
Okla. man sues Armstrong Foundation over pet collars
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Health Care
[05/10]
'Undeterred Despite the Obstacles': American Refugee Committee Responds to Tragedy in Myanmar
[05/10]
ONE YEAR Until the New Children's Hospital of Pittsburgh of UPMC Opens in Lawrenceville
[05/09]
Los Angeles Based Operation USA Appeals for Funds to Aid in Myanmar (Burmese) Cyclone Disaster (Updated)
[05/09]
Saginaw Nurses Approve First Contract
[05/09]
University Hospitals Case Medical Center, Cleveland, USA and Cardialysis BV, Rotterdam, the Netherlands Enter Strategic Alliance to Found Cardialysis Cleveland
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Case Summaries
Bankruptcy Law
[05/08]
Reusser v. Wachovia Bank, N.A.
In an action against a bank involving allegations that plaintiffs' were wrongfully evicted and their property improperly foreclosed upon, dismissal of plaintiffs' claims is affirmed where: 1) plaintiffs' section 1983 claims constituted a de facto appeal of a state court decision and were therefore barred by the Rooker-Feldman doctrine; and 2) plaintiffs' collateral attack on a bankruptcy court's jurisdiction was unavailing, and thus, defendant-bank did not violate 11 U.S.C. section 362 in foreclosing on plaintiffs' property.
[05/08]
In re: Straightline Invs., Inc.
A judgment under 11 U.S.C. section 549(a) avoiding the transfer to appellant of corporate bankruptcy debtor's accounts receivable which had a face value of approximately $200,600 is affirmed over appellant's claims that: 1) the transfer of accounts receivable was not an avoidable transfer because there was no depletion or diminution of debtor's estate; 2) the transfer was an outright sale of receivables in the ordinary course of business, and the defenses of recoupment and earmarking should apply to bar recovery by the trustee; and 3) even if it was avoidable, the wrong measure of recovery was awarded.
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Family Law
[05/09]
Baran v. Beaty
In a case involving a mother who removed her minor son from Australia, denial of father's petition for return of the minor pursuant to the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act of 1988 is affirmed where: 1) based on evidence of the father's propensity for violence, the district court did not err in concluding that returning the minor to Australia would expose him to a grave risk of psychological harm; and 2) because the court was not presented with any proposed undertakings that could ameliorate the risk of harm to the child under the circumstances presented, the court did not abuse its discretion in denying the petition for return.
[05/06]
In re Domestic Partnership of Ellis and Arriaga
Under the California Domestic Partner Rights and Responsibilities Act of 2003 and consistent with the rationale in Koebke v. Bernardo Heights Country Club, 36 Cal.4th 824 (2005), a person's reasonable, good faith belief that his or her domestic partnership was validly registered with the California Secretary of State entitles that person to the rights and responsibilities of a registered domestic partner, even if the registration never took place.
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Intellectual Property
[05/08]
Lucent Techs., Inc. v. Gateway, Inc.
In a patent case pertaining to alleged infringement by Microsoft and Dell of two patents owned by plaintiff-Lucent, summary judgment of non-infringement as to one patent is vacated and remanded where the district court's construction of the term "terminal device" was erroneous. Summary judgment of non-infringement as to another patent is affirmed as the district court's construction of the phrase "each successive iteration including the steps of" was proper.
[05/07]
Solomon Techs., Inc. v. Int'l Trade Comm'n
In proceedings involving imports and sales of certain Toyota hybrid vehicles, an order finding no violation of section 337 of the Tariff Act of 1930 and refusing to enter an order excluding Toyota's products is affirmed on the basis of noninfringement, although the circuit court declines to resolve the construction of a "continuously variable" limitation.
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Elder Law
[05/05]
Miller v. Am. Airlines, Inc.
In a suit against American Airlines under the Age Discrimination in Employment Act (ADEA), summary judgment for defendants is affirmed where: 1) a collective bargaining agreement did not require that plaintiffs be offered positions of comparable pay past the retirement age; 2) a claim, that a supplement to the collective bargaining agreement governing the retirement of flight engineers was facially discriminatory, was not properly raised before the EEOC.
[03/11]
Budnick v. Town of Carefree
In an action raising, inter alia, a claim that defendant-town violated the Fair Housing Amendments Act of 1988 (FHAA) by denying plaintiffs a Special Use Permit (SUP) to build a multi-level continuing-care retirement community in the town, summary judgment against plaintiffs on the FHAA claim is affirmed where plaintiff failed to establish a discrimination claim under any of the theories of disparate treatment, disparate impact, or a failure to make reasonable accommodations. Potential residents of a retirement community do not presently qualify as disabled under the FHAA simply because some of them will become disabled as they age.
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Probate Trusts
[05/06]
Estate of Herold
An order denying petitioner's safe harbor petition, which sought a declaration that his proposed "Petition for Information" would not amount to a will contest, is reversed and remanded where the trial court erred in finding that a no contest clause of the will was incorporated by reference into a trust.
[05/06]
Estate of Coll-Monge v. Inner Peace Movement
In an action for trademark infringement and related claims, summary judgment for defendants-non-profits is reversed in part and remanded where: 1) the district court erred in holding that a non-profit corporation cannot be a related company whose use of the trademark is controlled by the mark's registrant; and 2) there remain disputed issues of fact regarding both the doctrine's applicability in this case, and the capacity in which testator registered the marks with the USPTO.
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