Florida Lawyer News Services | Robbins Equitas

(Tampa bankruptcy attorney) Beavers v. Metro. Life Ins. Co.

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(U.S. 5th Cir., Civil Procedure, Contracts, Insurance Law) In an action alleging breach of life insurance investment contracts, the dismissal of the complaint is affirmed where the District Court correctly held that Plaintiffs’ claims were barred by the Texas statute of limitations, because Plaintiffs’ alleged injury was not inherently undiscoverable.

County of Sonoma v. Superior Court of Sonoma County

(Cal. App., Civil Procedure, Constitutional Law, Contracts, Dispute Resolution & Arbitration, Government Law) Petition for writ of mandate seeking relief from an order of the superior court compelling plaintiff to arbitrate with real party in interest Sonoma County Law Enforcement Association is granted where: 1) Code Civ. Proc. section 1299 impermissibly interferes with the governing body’s constitutional authority to establish employee compensation; and 2) Code Civ. Proc. section 1299 impermissibly delegates to the arbitration panel the power to interfere with county money and to perform municipal functions.

Nken v. Holder

(U.S.S.C., Civil Procedure, Immigration Law) The Court of Appeals’ denial of Petitioner’s motion to stay his removal pending judicial review of a BIA ruling is reversed, where traditional stay factors, not the demanding 8 U.S.C. section 1252(f)(2) standard, govern a Court of Appeals’ authority to stay an alien’s removal pending judicial review.

Byrum v. Landreth

(U.S. 5th Cir., Administrative Law, Civil Procedure, Commercial Law, Constitutional Law, Government Law) In a First Amendment challenge to a law restricting the use of certain advertising language by unlicensed interior designers, the denial of a preliminary injunction is reversed, where it was the government’s burden to prove the constitutionality of the commercial speech at issue and the District Court held that the government failed to meet that burden.

Pasco v. Knoblauch

(U.S. 5th Cir., Civil Procedure, Civil Rights) In a 42 U.S.C. section 1983 action based on Plaintiff’s injuries while being chased by police, the denial of summary judgment for Defendant-Officer is reversed, where Defendant’s failure to raise the defense of qualified immunity until his summary judgment motion did not prejudice Plaintiff, and Defendant did not violate clearly established law.

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(Tampa florida lawyer) Brooks-Ngwenya v. Indianapolis Public Schools

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(U.S. 7th Cir., Copyright, Education Law, Intellectual Property, Per Curiam) In a copyright infringement action involving an educational program, district court’s grant of summary judgment for defendant is affirmed where the copyright infringement claim fails as plaintiff’s complaint is that defendant copied her ideas but she did not prove or try to prove that defendant copied any of the materials protected by her copyright.

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(Tampa dui attorney) Teselle v. McLoughlin

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(Cal. App., Civil Procedure, Probate, Trusts & Estates) In a dispute involving a trust, summary judgment for defendants is reversed where: 1) the late filing by plaintiff of an opposition statement did not violate the policies of Code Civ. Pro. section 437c (b)(2) or (b)(3) and thus was not sufficient grounds for granting summary judgment; 2) defendants did not address the amendment to one trust in their motion for summary judgment, which was a material allegation; 3) defendant’s motion for summary adjudication of the elder abuse cause of action was insufficient as he did not provide the necessary facts to support the motion; 4) trial court improperly granted summary adjudication with respect to the cause of action for a constructive trust as defendants did not establish all the necessary elements; and 5) defendants should not have obtained summary adjudication on the accounting cause of action on the basis of plaintiff’s insufficient discovery answers.

Beavers v. Metro. Life Ins. Co.

(U.S. 5th Cir., Civil Procedure, Contracts, Insurance Law) In an action alleging breach of life insurance investment contracts, the dismissal of the complaint is affirmed where the District Court correctly held that Plaintiffs’ claims were barred by the Texas statute of limitations, because Plaintiffs’ alleged injury was not inherently undiscoverable.

SunCoke En’gy Inc. v. MAN Ferrostaal A.G.

(U.S. 6th Cir., Civil Procedure, Contracts, Trade Secrets) In an action seeking the return of trade secret information, the dismissal of the complaint for lack of personal jurisdiction is reversed, where Defendant’s dealings with Plaintiff in Tennessee and jurisdiction over a highly integrated group of transactions should be adjudicated as a whole and not piecemeal.

Tur v. YouTube, Inc.

(U.S. 9th Cir., Civil Procedure, Cyberspace Law, Per Curiam) In a copyright infringement action that Plaintiff voluntarily dismissed, Defendant’s appeal from the denial of summary judgment is dismissed, where the appeal was moot because the fact that the resolution of the order might have preclusive effect in another action did not create subject matter jurisdiction.

Buckingham v. Gannon

(U.S. 9th Cir., Civil Procedure, Class Actions) In an appeal from the District Court’s order disapproving a settlement of an ERISA class action, the appeal is dismissed, where the order disapproving the settlement did not have “serious, perhaps irreparable, consequences,” and thus was not appealable.

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(Florida lawyer) 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.

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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