Florida Lawyer News Services | Robbins Equitas

(Estate attorney tampa) Felix v. Am. Honda Motor Co., Inc.

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(U.S. Fed. Cir., Intellectual Property, Patent, Transportation) In a patent infringement action involving a storage system in a vehicle bed, district court’s grant of summary judgment for defendant is affirmed where there was no literal infringement of plaintiff’s patent as the court’s construction of the disputed terms in the patent was correct and thus defendant’s product did not satisfy the limitation of the patent.

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(Aviation accident lawyer) US v. Navajo Nation

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(U.S.S.C., Civil Procedure, Government Law, Indian Law, Oil & Gas Law) In an action by an Indian tribe against the U.S. resulting from the Secretary of the Interior’s failure to promptly approve a coal royalty rate, summary judgment for Defendant is affirmed, where Plaintiff’s claim for compensation fails because none of the sources of law cited by the Court of Appeals and relied upon by Plaintiff provides any more sound a basis for its lawsuit than those previously discussed by the Court.

Vega v. T-Mobile USA, Inc.

(U.S. 11th Cir., Civil Procedure, Class Actions, Labor & Employment Law) In an action to recover commissions paid to salespersons based on the sale of prepaid cellular telephone accounts, the District Court’s certification of a class is vacated, where the putative class failed to meet the numerosity, commonality, predominance and typicality requirements of Fed. R. Civ. P. 23.

Charvat v. GVN Mich., Inc.

(U.S. 6th Cir., Civil Procedure, Communications Law, Consumer Protection Law) In an action against a telemarketer under the Telephone Consumer Protection Act (TCPA), judgment for Defendants is affirmed, where: 1) Plaintiff could recover damages only on a per-call, not a per-violation, basis under the TCPA; and 2) Plaintiff’s claims did not meet the amount-in-controversy requirement for diversity jurisdiction.

Birl v. Heritage Care LLC

(Cal. App., Civil Procedure, Dispute Resolution & Arbitration, Injury And Tort Law) In a wrongful death action, denial of defendant’s petition to compel arbitration is affirmed where: 1) co-defendant Kaiser is a third party involved in the same and related transactions as defendant Heritage, and thus under Code Civ. Proc. section 1281.2 the controversy does not have to be arbitrated ; 2) plaintiffs are third parties to the arbitration agreement with defendant as to causes of action brought in plaintiffs’ individual capacities, and their claims arise out of the same transaction, satisfying the requirements of section 1281.2.

Whittenburg v. Werner Enters. Inc.

(U.S. 10th Cir., Civil Procedure, Injury And Tort Law) In a tort action arising from an auto accident, judgment for Plaintiff is reversed, where Plaintiff’s counsel during closing argument placed before the jury fictitious admissions never uttered by Defendants and launched vituperative and unprovoked attacks on Defendants and their counsel.

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(Attorney in tampa florida) In re Gleave

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(U.S. Fed. Cir., Drugs & Biotech, Intellectual Property, Patent) In a patent action concerning methods of treating endocrine-regulated cancers, USPTO Board of Patent Appeals and Interferences rejection of plaintiff’s patent claims is affirmed where the Board properly held that the claims were anticipated under 35 U.S.C. sec. 102(b) as the compositions described in the plaintiff’s application were not new.

CQ Inc. v. TXU Mining Co. LP

(U.S. 5th Cir., Contracts, Intellectual Property, Oil & Gas Law, Trade Secrets) In a breach of contract action regarding a coal mining operation, summary judgment for Defendant is affirmed, where: 1) the trade secret allegedly misappropriated by Defendant was not protected by Texas law; and 2) the agreement alleged by Plaintiff did not satisfy the statute of frauds.

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(Tampa divorce attorney) Birl v. Heritage Care LLC

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(Cal. App., Civil Procedure, Dispute Resolution & Arbitration, Injury And Tort Law) In a wrongful death action, denial of defendant’s petition to compel arbitration is affirmed where: 1) co-defendant Kaiser is a third party involved in the same and related transactions as defendant Heritage, and thus under Code Civ. Proc. section 1281.2 the controversy does not have to be arbitrated ; 2) plaintiffs are third parties to the arbitration agreement with defendant as to causes of action brought in plaintiffs’ individual capacities, and their claims arise out of the same transaction, satisfying the requirements of section 1281.2.

Sturdza v. United Arab Emirates

(U.S. D.C. Cir., Civil Procedure, Ethics & Professional Responsibility) In an appeal from the District Court’s appointment of a guardian ad litem for Plaintiff, the District Court’s order is reversed, where Plaintiff never received notice or an opportunity to be heard regarding whether a guardian should be appointed.

Lin v. US

(U.S. D.C. Cir., Civil Procedure, Constitutional Law, Government Law, Immigration Law) In an action by Taiwanese nationals seeking U.S. citizenship, the dismissal of the complaint for lack of subject matter jurisdiction is affirmed, where the political questions doctrine precluded the claim because it would require a decision regarding Taiwanese sovereignty.

Hettinga v. US

(U.S. D.C. Cir., Agriculture, Civil Procedure, Constitutional Law) In an action challenging the constitutionality of certain contribution requirements for milk handlers, the dismissal of the complaint for failure to exhaust administrative remedies is reversed, where the Agricultural Marketing Agreement Act’s exhaustion requirement does not apply to challenges to the act itself.

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