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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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(Tampa florida lawyer) In re Sony BMG Entm’t

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(U.S. 1st Cir., Civil Procedure, Copyright, Cyberspace Law, Entertainment Law, Intellectual Property, Media Law) In an action related to a copyright infringement trial, petition challenging an order permitting gavel-to-gavel webcasting of a hearing in a civil case is granted and the matter remanded where a district court judge does not have the authority to permit webcasting of a civil matter. The ruling forbidding enforcement of the order is based on the fact that the court erred in its broad interpretation of Local Rule 83.3, and that both the Judicial Conference of the United States and First Circuit Judicial Council support a narrow interpretation of the rule and have passed policies against the broadcasting of civil court proceedings.

In re Kubin

(U.S. Fed. Cir., Drugs & Biotech, Intellectual Property, Patent) In a patent action relating a classic biotechnology invention, Board of Patent Appeals and Interferences decision rejection plaintiff’s patent application is affirmed where the Board did not err in rejecting plaintiff’s claims as obvious under 35 U.S.C. sec. 103(a), as plaintiff’s methodology in the patent was essentially the same as the methodologies and teachings in prior patents and scientific works.

World Fin. Group, Inc. v. HBW Ins.
&
Fin. Serv., Inc.

(Cal. App., Civil Procedure, Commercial Law, Constitutional Law, Contracts, Government Law, Labor & Employment Law, Trade Secrets) In an action involving trade secrets and confidential information, trial court’s denial of defendant’s Anti-SLAPP motion to strike the complaint filed against them by plaintiff is affirmed where defendants failed to meet their burden of proof to show plaintiff’s complaint was based on defendant’s protected activity arising out of acts done in furtherance of their free speech rights.

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(Tampa dui attorney) Synthes v. GMReis

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(U.S. Fed. Cir., Civil Procedure, Intellectual Property, Patent) In a patent infringement action involving a bone plating system, district court’s dismissal for lack of personal jurisdiction is reversed where although the court was correct in ruling that it did not have general jurisdiction over defendant, it erred in its ruling that it lacked specific jurisdiction, as defendant purposefully directed its activities at parties in the U.S., plaintiff’s claim of patent infringement arises out of defendant’s activities in the U.S., and assertion of jurisdiction over defendant is reasonable and fair.

Henry v. Lake Charles Am. Press LLC

(U.S. 5th Cir., Civil Procedure, Communications Law, Injury And Tort Law, Media Law) In a defamation action concerning alleged defects in engines sold by Plaintiff, the denial of Defendant’s motion, under Louisiana law, to require Plaintiff to show a probability of success is reversed, where there was no evidence that Defendant did not follow up on the request for retraction sent by Plaintiff’s attorney.

Esquire Trade
&
Fin., Inc. v. CBQ, Inc.

(U.S. 2d Cir., Civil Procedure, Per Curiam, Securities Law) In an action for breaches of debenture-related agreements and for securities fraud, district court’s grant of summary judgment for defendant on grounds that plaintiff’s claims were barred by res judicata is vacated and remanded where the order dismissing the earlier action between plaintiff and a third party does not operate as a res judicata bar to the claims raised in the present action as the required privity between the third party and defendant is not present.

Porter v. Dept. of the Treasury

(U.S. 3d Cir., Civil Procedure) In a ruling consolidating for decision three cases involving questions regarding the payment of fees required by Federal Rule of Appellate Procedure, the present court concludes that voluntary dismissal of an appeal does not entitle an appellant to a refund of their filing and docketing fees, and the clerk of the circuit court is authorized to deny future motions to return or to waive appellate filing and docketing fees. Plaintiffs Mahabir and Porter’s motions to withdraw their appeals are granted and their requests for return of their filing and docketing fees are denied, and plaintiff Telfair’s motion for a fee waiver is denied.

In re Sony BMG Entm’t

(U.S. 1st Cir., Civil Procedure, Copyright, Cyberspace Law, Entertainment Law, Intellectual Property, Media Law) In an action related to a copyright infringement trial, petition challenging an order permitting gavel-to-gavel webcasting of a hearing in a civil case is granted and the matter remanded where a district court judge does not have the authority to permit webcasting of a civil matter. The ruling forbidding enforcement of the order is based on the fact that the court erred in its broad interpretation of Local Rule 83.3, and that both the Judicial Conference of the United States and First Circuit Judicial Council support a narrow interpretation of the rule and have passed policies against the broadcasting of civil court proceedings.

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