Florida Lawyer News Services | Robbins Equitas

(Tampa bankruptcy attorney) Awuah v. Coverall North America, Inc.

More info…
(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.

Thomas
&
Wong Gen. Contractor v. The Lake Bank, N.A.

(U.S. 8th Cir., Banking Law, Civil Procedure) In a suit for failure to perform under a collateral transfer agreement, summary judgment for defendant is reversed and remanded where the suit is not barred by Minnesota’s credit-agreement statute of frauds since, although the collateral transfer agreement was an agreement to make a financial accommodation and therefore a credit agreement, plaintiff was not a debtor with respect to the agreement.

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.

(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.

Deleon v. Verizon Wireless

(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.

tampa lawyer

(Tampa florida lawyer) Kaiser Found. Health Plan Inc. v. Abbott Labs., Inc.

More info…
(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.

Taco Bell Corp. v. TBWA Chiat/Day Inc.

(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.

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.

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.

aviation accident lawyer

(Aviation accident attorney) Hyatt v. Director, Patent and Trademark Office

More info…
(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.

In re TS Tech USA Corp.

(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.

estate attorney tampa

(Estate attorney tampa) Know Your Rights?

More info…
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…

A Bill to Ensure Adequate Airline Competition between United States and Europe (?)
Rep. James Oberstar, Chairman of the House Transportation and Infrastructure Committee, is behind the newly introduced bill, H.R. 831 which bears the title “A Bill to Ensure Adequate Airline Competition between United States and Europe.” Rep. Oberstar’s speech in support…

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…

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…

aviation law attorneys