Florida Lawyer News Services | Robbins Equitas

(Aviation attorney) In re TS Tech USA Corp.

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(U.S. Fed. Cir., Civil Procedure, Intellectual Property, Patent, Transportation) In a patent infringement action relating to pivotally attached vehicle headrest assemblies, petition for writ of mandamus to vacate decision denying petitioner’s motion to transfer venue and to direct district court to transfer case to another state is granted where: 1) petitioner met its difficult burden of establishing that the district court clearly abused its discretion in denying transfer of venue to the Southern District of Ohio; and 2) mandamus relief was appropriate.

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.

Visible Sys. Corp. v. Unisys Corp.

(U.S. 1st Cir., Attorney’s Fees, Government Law, Intellectual Property, Trademark) In a trademark infringement claim for reverse confusion, permanent injunction prohibiting defendant-Unisys from using trademarks or services of plaintiffs and damages award of $250,000 to plaintiff are affirmed over claims that: 1) the trial judge erred in not granting plaintiff a jury trial under both the Lanham Act and the Seventh Amendment on plaintiff’s claim for an accounting of defendant’s profits; 2) the court erred in tailoring the injunction too narrowly and in denying plaintiff attorneys’ fees; and 3) the evidence was insufficient to support both the jury’s finding of infringement and the damages awarded.

Philip Morris USA, Inc. v. King Mountain Tobacco Co., Inc.

(U.S. 9th Cir., Civil Procedure, Cyberspace Law, Indian Law, Intellectual Property, Trademark) In a suit alleging trademark violations against a tribal corporation for cigarette packages, the district court’s grant of a stay while the tribal court determined its jurisdiction is reversed where the tribal court does not have colorable jurisdiction over plaintiff-nonmember’s federal and state claims for trademark infringement on the Internet and beyond the reservation.

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(St petersburg attorney) Carter v. Welles-Bowen Realty, Inc.

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(U.S. 6th Cir., Civil Procedure, Government Law, Property Law & Real Estate) In a suit alleging that a title company violated the Real Estate Settlement Procedures Act’s anti-kickback and anti-fee-splitting provisions, dismissal for lack of standing is reversed where the plain meaning of the statutory language and the authorities examined by the court indicate that Congress created a private right of action to impose damages where kickbacks and unearned fees have occurred, even where there is no overcharge.

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.

Tobin v. Liberty Mut. Ins. Co.

(U.S. 1st Cir., Attorney’s Fees, Civil Procedure, Civil Rights, Health Law, Labor & Employment Law) In an appeal from a remitted jury award to plaintiff based on the failure of defendant-employer to accommodate his disability as required by federal and state law, the judgment below is affirmed over: 1) defendant’s claim that the evidence was insufficient to support either liability or the remaining damages award; 2) its claim that the statute of limitations had run on the claims; and 3) plaintiff’s claim that the district court erred in refusing to instruct the jury on punitive damages and in denying attorney’s fees pending final judgment.

Crawford v. Metro. Gov’t of Nashville

(U.S.S.C., Civil Procedure, Civil Rights, Labor & Employment Law) The protection of Title VII of the Civil Rights Act of 1964, which forbids retaliation by employers against employees who report workplace race or gender discrimination, extends to an employee who speaks out about discrimination not on her own initiative, but in answering questions during an employer’s internal investigation.

Awuah v. Coverall North America, Inc.

(U.S. 1st Cir., Civil Procedure, Contracts, Dispute Resolution & Arbitration, Labor & Employment Law) In a dispute over whether a dispute over the validity of an arbitration agreement should be decided by a court or by an arbitrator, a district court ruling refusing to order the matter to arbitration is affirmed where, although the circuit court took a narrower view of the district court’s initial role when deciding such a question, plaintiffs were entitled to a ruling by the district court as to whether the arbitration remedy in this case was illusory.

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