Florida Lawyer News Services | Robbins Equitas

(Estate attorney tampa) Taco Bell Corp. v. TBWA Chiat/Day Inc.

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(U.S. 9th Cir., Contracts, Entertainment Law, Food & Beverages, Intellectual Property, Media Law, Remedies) In a suit against an advertising agency seeking indemnification for damages entered against plaintiff in a suit based on plaintiff’s breach of an implied contract for using a third party’s Chihuahua character in advertising developed by defendant, summary judgment for defendant is affirmed where the evidence only showed fault for the previous liability on the part of plaintiff, thus defendant owed no duty to indemnify.

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(Aviation accident lawyer) Deleon v. Verizon Wireless

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(Cal. App., Civil Procedure, Labor & Employment Law) In a claim brought by plaintiff on behalf of himself and other aggrieved employees against defendant employer-Verizon Wireless alleging various Labor Code violations, demurrer sustained in favor of defendant ruling that plaintiff’s lawsuit was barred by the doctrine of res judicata is reversed where the trial court abused its discretion in denying plaintiff leave to amend to state claims that accrued after the date of the earlier action.

Advantedge Bus. v. Thomas E. Mestmaker
&
Assocs., Inc.

(U.S. 10th Cir., Civil Procedure, ERISA, Insurance Law, Labor & Employment Law) In litigation concerned a health-insurance plan plaintiff, a professional employer organization providing payroll and health insurance services, purchased to cover its clients and employees, dismissal of the case without prejudice for lack of prosecution is affirmed where: 1) there was no abuse of discretion in the decision to dismiss without prejudice; 2) the circuit court adopts a prudential rule allowing the appellate court to review an interlocutory order preceding a dismissal for failure to prosecute in rare cases when it makes sense to do so; and 3) this was not one of the rare cases.

Cmty. Youth Athletic Ctr. v. City of Nat’l City

(Cal. App., Civil Procedure, Property Law & Real Estate) In a “reverse validation” action filed by plaintiff-non-profit center to challenge the validity of an ordinance that amended a 1995 redevelopment plan enacted by defendant-city, grant of motion for judgment on the pleadings in favor of defendant is reversed where: 1) the trial court used an incorrect legal standard and abused its discretion in failing to find there was good cause for relief from noncompliance with the publication requirements; and 2) the court should have allowed leave to republish the summons.

Telco Group, Inc. v. Ameritrade, Inc.

(U.S. 8th Cir., Civil Procedure, Class Actions, Per Curiam) Dismissal of a claim for failure to prosecute is affirmed where: 1) plaintiff did not challenge this dismissal on the merits; 2) because plaintiff’s claims have been dismissed with prejudice, reversing the denial of class certification would afford plaintiff no relief; and 3) as its claims have been dismissed, plaintiff is no longer a member of and therefore cannot represent the putative but uncertified class.

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(Attorney in tampa florida) Hyatt v. Director, Patent and Trademark Office

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(U.S. Fed. Cir., Intellectual Property, Patent) In a consolidated case involving four civil actions brought by plaintiff under 35 U.S.C. section 145 (2000) regarding plaintiff’s twelve patent applications, decision in favor of plaintiff is affirmed where: 1) the district court correctly interpreted 37 C.F.R. section 1.192(c)(7); and 2) the district court’s remand order did not require defendant-board to consider arguments waived by plaintiff.

Wilchombe v. Teevee Toons, Inc.

(U.S. 11th Cir., Civil Procedure, Copyright, Entertainment Law, Intellectual Property) In a copyright infringement case involving the rap song “The Weedman” which appears on a Lil John album “Kings of Crunk”, dismissal of plaintiff-musician’s claim for breach of fiduciary duty is affirmed where: 1) the amended complaint failed to allege a fiduciary relationship and thus failed to state a claim for relief; and 2) plaintiff could not the grant of summary judgment based on arguments raised for the first time in his motion for reconsideration.

Boston Scientific Scimed, Inc. v. Cordis Corp.

(U.S. Fed. Cir., Drugs & Biotech, Health Law, Intellectual Property, Patent) In a patent case involving a drug-eluting expandable stent with a coating that has a non-thrombogenic surface, denial of defendant’s motion for a new trial and judgment as a matter of law (JMOL) following a jury verdict of infringement of a patent claim is reversed where the district court erred as a matter of law in failing to hold the patent at issue to have been obvious.

Sundance, Inc. v. Demonte Fabricating Ltd.

(U.S. Fed. Cir., Civil Procedure, Intellectual Property, Patent) In a patent infringement action, grant of plaintiff’s motion judgment as a matter of law (JMOL) finding the patent was not invalid is reversed where: 1) the district court’s denial of a motion in limine to exclude the testimony of witness, not skilled in the pertinent art, was an abuse of discretion; and 2) as a matter of law, claim 1 of the patent was invalid for obviousness.

Kaiser Found. Health Plan Inc. v. Abbott Labs., Inc.

(U.S. 9th Cir., Antitrust & Trade Regulation, Commercial Law, Evidence, Health Law, Intellectual Property, Patent) In a suit against a brand-name and a generic drug manufacturer alleging restraint-of-trade and monopolization of the market for a blood pressure medication, judgment for defendants is affirmed in part over plaintiff’s evidentiary challenges, but reversed in part where plaintiff produced sufficient evidence to go to trial on its claim that defendant had violated the Sherman Act by enforcing a patent obtained through fraud.

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(Aviation attorney) Know Your Rights?

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The European Commissioner responsible for Transport, Antonio Tajani, has established an e-mail address where passengers flying to and from the European Union can acquire information about how to exercise their rights under Regulation 261/2004. So far the link on the…

LaHood’s Aviation Agenda
Last Friday, President-elect Barack Obama named Illinois Republican Congressman Ray LaHood to head the U.S. Department of Transportation. LaHood has been characterized “as a pragmatist” with a “determination to get things done while not getting bogged down in ideology.” The…

New Common Rules for the Internal EU Market
On November 1, 2008, Council Regulation 1008/2008 on Common Rules for the Operation of Air Services in the European Community entered into force. The regulation, which has been touted by the European Commission as simply a revision to 1993′s “third…

BA/Qantas Talks Collapse
The Wall Street Journal reported yesterday that the merger talks between British Airways and Australia’s Qantas collapsed after just two weeks of negotiations. While both sides are blaming each other for premature leaks which seriously impeded the negotiations process, the…

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