Plaintiff alleged that Defendants copied the overall look and feel of Plaintiff's restaurants, thereby illegally infringing both Plaintiff's registered trade dress and its protectable common law trade dress.
The settlor created a trust to support 15 beneficiaries, mostly over 60, with the trustee transferring the remaining funds to a charity. The trustee made payments, and the principal doubled. The beneficiary requested an increase, but the probate judge allowed the...
Defendant was discovered in an apartment that was between tenancies by the service manager for the company that managed the complex. The apartment was unfurnished and unoccupied by tenants.
The claimant was employed as a forklift operator. She was discharged for violating a company safety rule. Prior to the incident resulting in her discharge, the claimant had never violated the safety rule. The ALJ held that the claimant was discharged for just cause;...
The Gen-Z population—those born between 1995 and 2010—is often considered the most diverse and connected generation yet. As such, this generation is becoming increasingly engaged in social justice causes—and they are making a large impact on nonprofit...
Defendant was arrested after a high-speed vehicle pursuit in a vehicle that matched the description of one involved in an armed robbery. Defendant moved to suppress because the officers who arrested him were from a jurisdiction other than that in which they arrested...
Onshore wind farm developments have been in the United States for over 30 years. But offshore wind developments have largely been relegated to European waters, due to negative attitudes and legal action. With the Biden administration’s new energy policy,...
Appellees did not prepare an Environmental Impact Statement (EIS) prior to their decision to issue oil and gas leases on national forest land because they determined that the issuance of the leases would not result in significant environmental impacts to the environment...
In re Garlock Sealing Techs., LLC United States Bankruptcy Court for the Western District of North Carolina January 10, 2014, Filed & Judgment Entered Case No. 10-31607, Chapter 11, Jointly Administered Opinion [*72] ORDER ESTIMATING AGGREGATE LIABILITY This...
City Trading Fund v. Nye Supreme Court of New York, New York County February 8, 2018, Decided 651668/2014 Opinion [*481] [**373] Shirley Werner Kornreich, J. I. Introduction This case concerns the acquisition of Texas Industries, Inc. (TXI) by Martin Marietta...
Kellogg v. Wyeth United States District Court for the District of Vermont October 20, 2010, Decided; October 20, 2010, Filed Case No. 2:07-cv-82 Opinion [*696] OPINION AND ORDER Plaintiff Ethel Kellogg brings suit against the brand name and generic [**3] manufacturers...
Acevedo v. Consolidated Edison Co. Supreme Court of New York, Appellate Division, First Department April 22, 1993, Decided ; April 22, 1993, Entered 47223 Opinion [*499] [**69] Ellerin, J. The action involved on this appeal arises from the highly publicized...
This action was to recover damages for personal injuries to the plaintiff's intestate that occasioned his death and was based upon the alleged negligence of the defendant. The plaintiff had a verdict, which was not directed by the court. From the judgment entered...
I would be grateful if someone could assist with the above.
Defendants, West Valley City and others, and Plaintiff Gary Oliverson filed motions for summary judgment on the issue of whether the Utah adultery statute, Utah Code Ann. § 76-7-103 , was constitutional. The matter was referred to the magistrate judge, who...
Appellant Thomas Milroy began operating a day-care in the family residence. A restrictive covenant prohibited home businesses in the neighborhood, and Milroy's property was subject to the covenant. Respondent Gordon Peckham sued to enjoin the day-care operation...
Appellant loaned her daughter and her nephew $ 90,000. The loan was secured by a mortgage on property owned by the daughter and nephew's business. The bank also held mortgages on the same property; however, appellant's mortgage had priority. In order for...
The business invitees had made reservations to stay at a property owned by the motel company. They were rented a room known by the company to be infested with ticks. The invitees were bitten numerous times.
Defendant was convicted of violations of the Endangered Species Act (ESA), regulations promulgated pursuant to the ESA, and the Lacey Act after he killed and transported a wolf that was part of an experimental population protected by the ESA. Defendant sought review...
Plaintiff manufactured and supplied to defendant government electric generator sets. Defendant insisted that, as to five components of the generator sets, the contract required plaintiff to furnish components made by named manufacturers. Plaintiff claimed that...
Uzuegbunam v. Preczewski Supreme Court of the United States January 12, 2021, Argued; March 8, 2021, Decided No. 19-968. Opinion Justice Thomas delivered the opinion of the Court. At all stages of litigation, a plaintiff must maintain a personal interest in the...
In 2016, in response to a fiscal crisis in Puerto Rico, Congress invoked its Article IV power to “make all needful Rules and Regulations respecting the Territory belonging to the United States,” §3, cl. 2, to enact the Puerto Rico Oversight, Management...
Licci v. Lebanese Canadian Bank, SAL United States Court of Appeals for the Second Circuit February 25, 2011, Argued; March 5, 2012, Decided Docket No. 10-1306-cv Opinion [*156] Per Curiam : The plaintiffs-appellants, Yaakov Licci et al., appeal from a March...
After defendant Foster was arrested for armed robbery of a Western Union office, two lineups were held. In the first lineup, defendant, who was close to 6 feet tall, stood out from the other two men who were relatively shorter, and by the fact that he was wearing...
In a breach-of-contract action, Hemlock Semiconductor Operations, LLC (Hemlock) obtained a district court judgment of nearly $800 million against SolarWorld Industries Sachsen GmbH (Sachsen). Pursuant to a provision in the parties' four long-term supply agreements...