Florida Lawyer News Services | Robbins Equitas

(Aviation attorney) Green v. Jefferson Cty. Comm.

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(U.S. 11th Cir., Civil Procedure, Constitutional Law) In a Due Process challenge to changes in a county’s retirement system, summary judgment for Defendant is affirmed, where res judicata barred Plaintiffs’ claims because Plaintiffs shared an identical interest with plaintiffs in previously-filed state court actions asserting the same claims.

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(St petersburg attorney) King v. Cessna Aircraft Co.

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(U.S. 11th Cir., Civil Procedure, Injury And Tort Law, International Law, Transportation) In a tort action based on an airline accident, the dismissal of the complaint based on forum non conveniens is affirmed, where Italy was an adequate forum to litigate the dispute, many of the Plaintiffs were from Europe, and Italian law applied to the case.

Adkins v. General Motors Acceptance Corp.

(U.S. 2d Cir., Civil Procedure) Motion for reconsideration and vacatur of an order by the Staff Counsel of the U.S. Court of Appeals for the Second Circuit designating additional parties on appeal is denied where it is within the Staff Counsel’s authority and discretion to designate as named appellees the attorneys who are the subject of the order from which the appeal is taken.

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(Clearwater attorney) Plata v. Schwarzenegger

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(U.S. 9th Cir., Civil Procedure, Government Law) In the State of California’s appeal from the District Court’s order directing the state to fund the projects of a receiver established to oversee prison medical care, the appeal is dismissed, where the order was not final, but was rather an interim step toward further proceedings.

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(Attorney tampa florida) E-Pass Technologies, Inc. v. 3Com Corp.

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(U.S. Fed. Cir., Attorney’s Fees, Intellectual Property, Patent, Sanctions) In a patent infringement action involving electronic multi-function cards, co-defendant Access Systems Americas, Inc.’s motion for sanctions is granted where plaintiff’s appeal is frivolous, as it fails to present cogent or clear arguments for reversal, and plaintiff has made significant misrepresentations of the record and the law to the court. Sanction of defendant’s reasonable attorneys’ fees is awarded against plaintiff and its counsel, jointly and severally.

Henkel Corp. v. The Procter
&
Gamble Co.

(U.S. Fed. Cir., Intellectual Property, Patent) In a patent interference action involving dishwasher detergent tablets, Board of Patent Appeals and Interferences award of priority of invention to defendant is affirmed where substantial evidence supports the Board’s determination that defendant demonstrated an actual reduction to practice of the invention before plaintiff.

Internet Specialties West, Inc. v. Milon-DiGiorgio Enters., Inc.

(U.S. 9th Cir., Cyberspace Law, Intellectual Property, Trademark) In a trademark infringement action based on an infringing domain name, judgment for Plaintiff is affirmed, where: 1) the jury was properly instructed on the elements of infringement; and 2) laches did not bar Plaintiff’s claim because Defendant was not prejudiced by Plaintiff’s delay in filing suit.

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