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American Bar Association

Case Notes

 

OVERVIEW:



  • » Federal Treasury Enterprise Sojuzplodoimport v. Spirits International N.V.
    No. 06-3532-cv, slip op. (2d Cir. Oct. 8, 2010)
    The Second Circuit held that federal courts have subject matter to adjudicate the ownership of a trademark as part of a trademark infringement claim.
  • » Maverick Recording Co. et al v. Harper
    No. 08-51194, 2010 WL 653322 (5th Cir. (Tex.) Feb. 25, 2010)
  • » The Archdiocese of Milwaukee Supporting Fund, Inc. v. Halliburton Co.
    No. 08-11195, 2010 WL 481407 (5th Cir. (Tex.) Feb. 12, 2010)
    In The Archdiocese of Milwaukee Supporting Fund, Inc. v. Halliburton Co., the Fifth Circuit Court of Appeals reviewed the denial of class certification on a private securities action.
  • » Hertz Corp. v. Friend
    No. 08-1107, slip op. (February 23, 2010)
    In Hertz Corp. v. Friend, the U.S. Supreme Court addressed a corporate party’s “citizenship” for purposes of diversity jurisdiction under 28 U.S.C. § 1332. The case was filed in California state court, but Hertz sought to remove the matter to federal district court.
  • » Mohawk Indus., Inc. v. Carpenter
    No. 08-678, slip op. (Dec. 8, 2009)
    The Supreme Court, in the first opinion by Justice Sotomayor, rejects immediate appeal under the collateral-order doctrine of disclosure orders requiring production of information allegedly protected from disclosure by the attorney-client privilege.


Antitrust


  • » Gulf Coast Hotel-Motel Assoc. v. Mississippi Gulf Coast Golf Course
    No. 10-60844, 2011 WL 4446002 (5th Cir. (Miss.) Sept. 27, 2011)
    The Fifth Circuit considered an appeal concerning the interstate commerce element of a valid claim under the Sherman Act.
  • » Tewari De-Ox Systems, Inc. v. Mountain States/Rosen, LLC
    No. 10-50137, (5th Cir. (Tex) Apr. 5, 2011)
    The Fifth Circuit considered an appeal involving the determination of whether a patent application prevented the information in the application from being a trade secret.
  • » PSKS, Inc. v. Leegin Creative Leather Products, Inc.
    No. 09-40506, 615 F.3d 412 (5th Cir. (Tex.) Aug. 17, 2010)
    The Fifth Circuit considered alleged violations of section 1 of the Sherman Act regarding a restrictive price maintenance agreement in light of a U.S. Supreme Court ruling.
  • » William O. Gilley Enter., Inc. v. Atlantic Richfield Co., et al.
    No. 06-56059 (April 3, 2009)
    The Ninth Circuit allows the accumulation of individual contracts to establish unreasonable restraint of trade for § 1 Sherman Antitrust Act claim.
  • » Golden Bridge Tech., Inc. v. Motorola, Inc., et al.
    547 F.3d 266 (5th Cir. (Tex.) 2008)
    Addressing litigation in the wireless communication technology realm, the Fifth Circuit Court of Appeals considered an appeal from a grant of summary judgment dismissing a claim under the Sherman Antitrust Act.
  • » Tripple Tee Golf, Inc. v. Nike, Inc.
    Nos. 05-10934, 05-11442, 2007 WL 1128138 (5th Cir. (Tex.) Apr. 17, 2007)
    The Fifth Circuit considers an antitrust action involving the alleged misappropriation of trade secrets.
  • » Merriman v. Crompton Corp.
    146 P.3d 162 (Kan. 2006)
    Kansas Supreme Court finds Kansas long arm statute gives jurisdiction over out-of-state tortious acts with injury, economic or physical, in Kansas, and adopts the civil conspiracy theory to assert jurisdiction over those whom jurisdiction would otherwise be lacking.
  • » In re Canadian Import Antitrust Litigation
    No. 05-3873 (8th Cir. November 30, 2006)
    When sold to pharmacies, Canadian drugs are branded “Pr” not “Rx only” as required under United States law.  Because of this mislabeling, the importation of Canadian drugs is prohibited by the Federal Food, Drug, and Cosmetic Act (FFDCA)


Arbitration


  • » Timegate Studios, Inc. v. Southpeak Interactive, L.L.C.
    713 F.3d 797 (5th Cir. (Tex.) 2013)
    The Fifth Circuit Court of Appeals considered an issue of first impression: "[W]hether a court may dismiss a petition to confirm a foreign arbitration award for lack of personal jurisdiction."
  • » First Investment Corp. v. Fujian Mawei Shipbuilding, Ltd. et al
    No. 12-30377, 2012 WL 6634992 (5th Cir. (La.) Dec. 21, 2012)
    The Fifth Circuit Court of Appeals considered an issue of first impression: "[W]hether a court may dismiss a petition to confirm a foreign arbitration award for lack of personal jurisdiction."
  • » BP Exploration Libya, Ltd. v. ExxonMobil Libya, Ltd. et al
    No. 11-20547, 2012 WL 3065317 (5th Cir. (Tex.) July 30, 2012)
    The Fifth Circuit Court of Appeals reviewed a district court decision regarding the appointment of arbitrators and the district court's interpretation of the FAA.
  • » Weingarten Realty Investors v. Miller
    No. 11-20676, 2011 WL 5142183 (5th Cir. (Tex.) Nov. 1, 2011)
    The Fifth Circuit considered a district court's denial of a motion to compel arbitration and held that appeal does not result in an automatic stay.
  • » Covington v. Alban Offshore Ltd.
    650 F.3d 566 (5th Cir. (Tex.) 2011)
    The Fifth Circuit reversed a decision holding the nonsignatory officers of a company were bound by an arbitration agreement.
  • » Janvey v. Alguire, et al.
    No. 10-10617, 2011 WL 2937949 (5th Cir. (Tex.) July 22, 2011)
    The Fifth Circuit considered whether a district court may preserve the status quo by issuing a preliminary injunction pending resolution of the motion to compel arbitration.
  • » DK Joint Venture v. Weyland
    No. 09-11000, 2011 WL 3342370 (5th Cir. (Tex.) Aug. 4, 2011)
    The court considered an appeal from the confirmation of an arbitration award involving parties that were non-signatories.
  • » MC Asset Recovery, LLC v. Castex Energy, Inc. (In re Mirant)
    No. 09-10451, 613 F.3d 584 (5th Cir. (Tex.) Aug. 2, 2010)
    The Fifth Circuit Court of Appeals addressed the alleged breach of a purchase and sale agreement within the context of arbitration.
  • » Broom v. Morgan Stanley DW, Inc.
    169 Wash.2d 231, 236 P.3d 182 (Wash. 2010)
    The Washington State Supreme Court holds that "state statutes of limitations may not apply to arbitrations absent the parties' agreement."
  • » Arthur Andersen LLP v. Carlisle
    U.S. Supreme Court, May 4, 2009
    U.S. Courts of Appeals have jurisdiction over appeals from district courts’ denials of applications for stay pursuant to § 3 of the FAA, regardless of the merits of the underlying stay application.
  • » Downer v. Siegel
    489 F.3d 623 (5th Cir. (La.) 2007)
    The Fifth Circuit considers arbitration concepts, including whether an arbitrator exceeded his authority.
  • » Apache Bohai Corp. LDC v. Texaco China BV
    480 F.3d 397 (5th Cir. (Tex) 2007)
    The Fifth Circuit considers arbitration concepts, including whether an arbitrator exceeded his authority.
  • » Fair v. Bakhtiari
    40 Cal. 4th 189, 147 P.3d 653 (2006)
  • » Tittle v. Enron Corp., et al.
    463 F.3d 410 (5th Cir. 2006)
    The Fifth Circuit enunciates principles utilized in determining the arbitrability of specific issues.
  • » Albert M. Higley Company v. N/S Corporation
    No. 05-3393 (6th Cir. April 17, 2006)
    An arbitration provision allowing a primary contractor sole discretion about whether to arbitrate or litigate a dispute permitted the contractor to select litigation to resolve the contract dispute.
  • » Laws v. Morgan Stanley Dean Witter
    452 F.3d 398 (5th Cir. 2006)
    The Fifth Circuit addresses whether an arbitration panel committed misconduct when it denied the appellant’s request for a continuance and articulated applicable criteria.


Civil Conspiracy


  • » Borsellino v. Goldman Sachs Group, Inc.
    No. 06-1384 (7th Cir. Feb. 20, 2007)
    The heightened pleading requirements outlined in Rule 9(b), apply to all averments of fraud, not just claims of fraud.
  • » Sunbelt Rentals, Inc. v. Head & Engquist Equipment LLC | [PDF]
    No. 00-CVS-10358 (Mecklenburg Co. Sup. Ct. May 2, 2003)
    Conspiring to raid competitor’s employees, customer relationships, and trade secrets led to judgment for unfair competition, misappropriation of trade secrets, and civil conspiracy.


Civil Procedure


  • » Art Midwest, Inc. v. Atlantic Ltd. Partnership
    No. 11–11140, 2002 WL 35022765 (5th Cir. (Tex.) Feb. 3, 2014)
    With a panel comprising Circuit Judges Jennifer Elrod and Stephen A. Higginson, and District Judge Brian Jackson sitting by designation, the Fifth Circuit Court of Appeals considered whether a plaintiff’s failure to cross-appeal a jury finding that a defendant did not commit fraud prevented the plaintiff from later raising the same fraud claims.
  • » Cottrell v. Duke
    737 F.3d 1238 (8th Cir. 2013)
    The court held that a federal court may not use the Colorado River abstention doctrine to dismiss or stay a federal proceeding when a party asserts an exclusively federal claim.
  • » Raskas v. Johnson & Johnson
    —F.3d— (8th Cir. 2013), 2013 WL 3198177
    The Eighth Circuit held defendants’ were not required to use a formula or methodology for calculating their potential liability sufficient to prove the amount in controversy requirement for federal jurisdiction.
  • » Oriental Financial Group, Inc. v. Cooperativa De Ahorro Y Credito Oriental
    ___ F.3d ___, 2012 WL 5073529 (1st Circ., Oct. 18, 2012)
    The First Circuit has issued a significant opinion in the area of trademark infringement.
  • » Bauman et al. v. DaimlerChrysler Corp. et al.
    ___ F.3d ___, No. 07-15386, D.C. No. CV-04-00194-RMW (9th Cir. May 18, 2011)
    The Ninth Circuit has expanded the use of "agency theory" to impose jurisdiction over foreign corporations that do business in the United States through U.S. subsidiaries.
  • » MGE UPS Systems, Inc. v. GE Consumer & Industrial, Inc.
    622 F.3d 361 (5th Cir. (Tex.) 2010)
    The Fifth Circuit Court of Appeals considered an appeal regarding the calculation of damages in a copyright infringement and misappropriation of trade secrets matter.
  • » Choice HealthCare, Inc. v. Kaiser Foundation Health Plan of Colorado
    No. 09-31056, 615 F.3d 364 (5th Cir. (La.) Aug. 11, 2010)
    The Fifth Circuit Court of Appeals considered an appeal regarding personal jurisdiction involving medical services providers and HMOs.
  • » Saqui v. Pride Central America, LLC
    No. 08-41059, 2010 WL 184252 (5 Cir. (Tex.) Jan. 21, 2010)
    In Saqui v. Pride Central America, LLC, the Fifth Circuit Court of Appeals heard an appeal involving the death of a Mexican citizen. A Mexican oil company leased a vessel owned by the appellee, an American company.
  • » In re Pharmaceutical Industry Average Wholesale Price Litigation
    252 F.R.D. 83 (D. Mass. Sept. 26, 2008)
    Nationwide classes of consumers and businesses certified under state Little FTC Acts for multiple/punitive damages and attorney fees.
  • » Gutman v. Klein
    No. 03 Civ. 1570 (BMC) (RML) (E.D.N.Y., Dec. 2, 2008 (Cogan, J.) and Oct. 15, 2008 (Levy, J.))
  • » Instituto de Prevision Militar v. Merrill Lynch, et al.
    No. 07-15079 (11th Cir. Oct. 29, 2008)
    State Securities Fraud Claims Preempted-Eleventh Circuit Applies Rigorous Preemption Provisions of the Securities Litigation Uniform Standards Act.
  • » Merriman v. Crompton Corp.
    146 P.3d 162 (Kan. 2006)
    Kansas Supreme Court finds Kansas long arm statute gives jurisdiction over out-of-state tortious acts with injury, economic or physical, in Kansas, and adopts the civil conspiracy theory to assert jurisdiction over those whom jurisdiction would otherwise be lacking.
  • » Cox Nuclear Pharmacy, Inc. v. CTI, Inc.
    Case No. 05-14713 (11th Cir. Feb. 13, 2007)
    Eleventh Circuit holds that fraud claim failed to the extent that these claims were dependent on the existence of an agreement that was barred by the statute of frauds; sua sponte summary judgment order appropriate where record sufficiently developed.
  • » Pritchett v. Pound
    No. 05-41445, 2006 WL 3704859 (5th Cir. (Tex.) Dec. 18, 2006)
    The Fifth Circuit holds that employer owns copyright to publication written by employee even though it mistakenly designated work as “not for hire” in a copyright registration form.
  • » Fiber Systems Int’l, Inc. v. Roehrs
    No. 05-41213, 2006 WL 3378403 (5th Cir. (Tex.) Nov. 22, 2006)
    The Fifth Circuit holds that the Computer Fraud and Abuse Act provides a basis for civil liability.
  • » Fair v. Bakhtiari
    40 Cal. 4th 189, 147 P.3d 653 (2006)
  • » More Civil Procedure Case Notes


Class Actions


  • » Raskas v. Johnson & Johnson
    —F.3d— (8th Cir. 2013), 2013 WL 3198177
    The Eighth Circuit held defendants’ gross sales figures for the last five years were sufficient to establish the $5 million amount in controversy requirement under CAFA even where recovery for such amounts was “highly improbable.”
  • » Matamoros v. Starbucks Corp.
    699 F.3d 129 (1st Cir. Nov. 9, 2012)
    A judge holds that coffee chain violated the Massachusetts Tips Act.
  • » Quilloin v. Tenet HealthSystem Philadelphia, Inc.
    Case No. 11-1393 (3d Cir., Mar. 14, 2012)
    Arbitration clauses that waive class-action arbitrations stand to save a company a significant amount of money.
  • » Erica P. John Fund, Inc. v. Halliburton Co., et al.
    131 S. Ct. 2179 (2011)
    The Court considered an appeal addressing whether securities-fraud plaintiffs need to prove loss causation to obtain class certification.


Contracts & Contract Breach


  • » Addie v. Kjaer
    737 F.3d 854, 857 (3d Cir. 2013)
    The Third Circuit rules in case involving the botched sale of a private island to former NFL star Jason Taylor.
  • » Pennell v. Wells Fargo Bank
    No. 12-60595, 2013 WL 116390 (5th Cir. (Miss.) Jan. 9, 2013)
    In a per curiam opinion, the Fifth Circuit of Appeals considered a negligent misrepresentation claim against a bank by a mortgagee.
  • » Interface Kanner, LLC v. JPMorgan Chase Bank, N.A.
    ___ F.3d ___, 2013 WL 104984 (11th Cir. 2013)
    Private parties now more likely to include limitations in contracts.
  • » Creative Playthings Franchising Corp. v. Reiser
    463 Mass. 758 (Mass. Nov. 21, 2012)
    Private parties now more likely to include limitations in contracts.
  • » Woodward v. Emulex Corp.
    No. 10-11382-RGS, ___ F. Supp.2d ___, 2012 WL 1245586 (D. Mass. April 13, 2012)
    The court granted summary judgment against the plaintiff's claims of age discrimination and breach of express and implied contract against his former employer.
  • » Vita v. Berman, DeValerio & Pease, LLP
    81 Mass. App. Ct. 748 (2012)
    The appeals court found sufficient evidence that the law firm breached an implied contract with the attorney and engaged in unfair and deceptive conduct.
  • » LHC Nashua Partnership, Ltd. v. PDNED Sagamore Nashua, LLC et al.
    No. 10-20331, 2011 WL 4471133 (5th Cir. (Tex.) Sept. 28, 2011)
    The appeal concerned a purchase-and-sale agreement and asserted claims for breach of contract, promissory estoppel, and negligent and fraudulent misrepresentation.
  • » Kevin M. Ehrlinger Entrprs., Inc. v. McData Srvcs. Corp.
    646 F.3d 321 (5th Cir. (Tex.) 2011)
    The Fifth Circuit Court of Appeals considered an appeal addressing "best efforts" in the context of contract jurisprudence.
  • » Black + Vernooy Architects v. Smith
    346 S.W.3d 877 (Tex. App.-Austin, 2011, pet. filed)
    The Austin, Texas, court of appeals was unwilling to impose a new common-law duty of care on architects because the architect could not control the work that was performed.
  • » LHC Nashua Partnership, Ltd. v. PDNED Sagamore Nashua
    No. 10-20331, 2011 WL 4471133, 2011 U.S. App. LEXIS 19759 (5th Cir. (Tex.) 2011)
    Lawyers relying on standard merger clauses to protect clients from claims of misrepresentation should be aware of the Texas Supreme Court's decision.
  • » D&J Tire, Inc. v. Hercules Tire & Rubber Co.
    No. 09-30275, 2010 WL 670634 (5th Cir. (La.) Feb. 26, 2010)
    In D&J Tire Inc. v. Hercules Tire & Rubber Co., the Fifth Circuit Court of Appeals reviewed a grant of summary judgment on a fiduciary duty claim.
  • » Williamsonpounders Architects PC v. Tunica County Miss. et al.
    No. 09-60063, 2010 WL 446092 (5th Cir. (Miss.) Feb. 9, 2010)
    In Williamsonpounders Architects PC v. Tunica County Miss. et al., the Fifth Circuit Court of Appeals considered choice of law issues in a contract dispute. The plaintiff, an architectural firm, entered into a contract with a county in Mississippi to design a riverfront park. The controlling contract contained a choice of law provision.
  • » Newton Tractor Sales, Inc. v. Kubota Tractor Corp.
    No. 5-06-0087 (Ill. App. Ct. 5th Dist. June 5, 2008)
    In Illinois, promissory estoppel is not a theory under which a cause of action seeking monetary damages can be asserted.
    [See also: Court Opinion | PDF]
  • » Cedyco Corp. v. Petroquest Energy, LLC
    Nos. 05-20493, 05-20891, 2007 WL 2333192 (5th Cir. (Tex.) Aug. 17, 2007)
    The Fifth Circuit addressed conditions precedent in a breach of contract matter.
  • » Rawe v. Liberty Mutual Fire Insurance
    No. 05-5485 (6th Cir. September 1, 2006)
    Accident victim who was injured in one-car accident brought first and third-party bad faith claims against automobile insurer for its conduct regarding settlement of her bodily injury liability and underinsured motorist (UIM) claims.
  • » Johnson Controls, Inc. v. Jay Industries, Inc.
    Nos. 05-1826, 05-1879 (6th Circuit August 18, 2006)
    Seller brought action against buyer to recover for breach of contract and unjust enrichment for failing to eliminate charge for expendable packaging and charge for returnable packaging.
  • » Park v. Hyatt Corp.
    436 F. Supp. 2d 60 (D.D.C. 2006)
    The District Court of D.C. denies a motion to dismiss a claim for tortious interference with contract, finding that the complaint stated a tortious interference claim where it alleged that a hotel forced organizers of a party to breach their contracts with the party’s attendees by failing to provide the promised accommodations for the party.
  • » Texas v. American Tobacco Co., et al.
    No. 05-40671, 2006 WL 2522411 (5th Cir. (Tex.) Sept. 1, 2006)
    The Fifth Circuit holds that a court interpreting an ambiguous contract may consider parol evidence when the ambiguity is latent rather than patent.
  • » More Contract Breach Case Notes


Damages


  • » Hallmark Cards, Inc. v. Murley
    703 F.3d 456 (8th Cir. 2013)
    The Eighth Circuit held that compensation paid to a former employee by a new employer in violation of a separation agreement was not recoverable as contract damages by the former employer.
  • » International Marine, L.L.C. v. Delta Towing, L.L.C.
    No. 12-30280, 2013 WL 85915 (5th Cir. (La.) Jan. 8, 2013)
    The Fifth Circuit Court of Appeals interpreted a damages provision in a maritime contract.
  • » Media General, Inc. v. Tomlin
    532 F.3d 854 (D.C. Cir. 2008)
    The U.S. Court of Appeals for the District of Columbia Circuit vacated a grant of summary judgment to defendants on fraud claims, finding that the defendants made material misrepresentations in connection with the plaintiff’s purchase of their company and that the plaintiff’s failure to ask for written verification of the facts didn’t excuse the defendants’ conduct; however, it rejected as speculative a damages theory that the plaintiff would have insisted on a $10 million reduction in the purchase price had it been fully informed.
  • » Griffith v. Barnes
    560 F. Supp. 2d 29 (D.D.C. 2008)
    The U.S. District Court for the District of Columbia entered a default judgment against the defendants, who engaged in unfair trade practices in fraudulently taking title to the plaintiff's property, and imposed punitive damages.
  • » Philip Morris v. Williams
    05-1256 (U.S. Feb. 20, 2007)
    U.S. Supreme Court further defines the constitutional limits on punitive damages.
  • » Dunkin’ Donuts, Inc. v. Arkay Donuts, LLC
    2006 U.S. Dist. LEXIS 58490 (D.N.J. August 21, 2006)
    The District Court of New Jersey sides with the majority of circuit courts holding that a district court has authority to amend a damages award sua sponte under Federal Rule of Civil Procedure 60(b).
  • » Blase Industries Corp. v. Anorad Corporation, et al.
    442 F.3d 235 (5th Cir. 2006)
    Employer may not recover lost profit damages arising from loss of potential earnings of an at-will employee.
  • » More Damages Case Notes


Defamation


  • » Downing v. Burns
    2011 Tex. App. LEXIS 5752 (Tex. App.-Houston 2011)
    The Texas Court of Appeals holds that a former employer's accusations that an employee stole trade secrets is defamatory per se.
  • » Too Much Media, LLC v. Hale
    (A-7-10)(066074), 2011 WL 2305620 (N.J. June 7, 2010)
    New Jersey has decided that its shield law does not protect authors of posts on Internet message boards.
  • » Chandok v. Klessig
    Nos. 09-4120-cv & 09-4121-cv (xap), slip op. (2d Cir. Jan. 13, 2011)
    Common-law privilege from defamation claims for communications on which a party has a duty to speak apply to a scientist's challenge of a fellow scientist's alleged findings.
  • » Christoff v. Nestle USA, Inc., S155242
    (Cal. August 17, 2009)
    California Supreme Court Wrestles with Coffee Model's Appropriation of Likeness Claim, Five Years After Publication
  • » Cecilia Barnes v. Yahoo, Inc.
    No. 05-36189 (9th Circuit Court of Appeals, May 7, 2009)
    Internet publishers may evade defamation liability under Communications Decency Act of 1996, 47 U.S.C. § 230(c)(1), but contract exposure remains.
  • » Kirch v. Liberty Media Corp.
    449 F.3d 388 (2d Cir. June 5, 2006)
    This case involved claims by the founder of a prominent group of German media entities and its exclusive North American agent based on an alleged conspiracy to destroy the KirchGroup.
  • » Shrout v. The TFE Group | [PDF]
    Case No. 2004-CA-000834-MR (Ky. App. April 1, 2005)
    Shrout, a commercial truck driver, was fired by his employer, The TFE Group, for failing a mandatory drug test. However, the drug test result was inaccurate – Shrout’s use of legal over-the-counter medications and the laboratory’s improperly handling of his sample resulted in a false positive finding. Shrout then sued TFE for wrongful discharge and for defamation.


Discovery


  • » Hallmark Cards, Inc. v. Murley
    703 F.3d 456 (8th Cir. 2013)
    The Eighth Circuit held that a district court must make explicit findings of bad faith and prejudice on the record before delivering an adverse inference instruction for prelitigation spoliation of evidence.
  • » May v. Pilot
    2006 WL 3827511 (S.D. Ohio Dec. 2006)
    Spoliation sanctions appropriate against Defendant where it failed to produce and preserve relevant evidence in Plaintiff’s wrongful termination suit.


Economic Loss Rule


  • » Shaw v. CTVT Motors, Inc.
    __ P.3d__, 657 Ariz. Adv. Rep. 11, 2013 WL 1289392 (Ariz. Ct. App. Mar. 29, 2013)
    The Arizona Court of Appeals held in a case of first impression that the economic-loss rule does not apply to bar claims under the state's consumer fraud act.
  • » Sunshine v. Reassure American Life Insurance Co.
    No. 12-1796, 2013 WL 586775 (3d Cir. Feb. 15, 2013)
    The United States Court of Appeals for the Third Circuit has reaffirmed its conclusion that federal courts in Pennsylvania should apply the economic-loss doctrine to bar common law fraud claims.
  • » Eastwood v. Horse Harbor Found, Inc.
    170 Wn.2d 380, 2010 WL 4351986 (Nov. 4, 2010)
    The court held that a breach of lease can also be a breach of a tort duty arising independently of the lease's terms because a tort duty can overlap with a contractual obligation.
  • » Terracon Consultants Western, Inc. v. Mandalay Resort Group et al.
    No. 477844 (March 26, 2009)
    The Nevada Supreme Court holds the economic loss rule bars professional negligence claims against design professionals providing advice on commercial development.
  • » Carlile v. Harbour Homes, Inc.
    147 Wn. App. 193, 194 P.3d 280 (October 20, 2008)
    Thirty-seven homeowners filed construction defect claims against developer Harbour Homes. The plaintiffs alleged numerous causes of action including negligent misrepresentation, fraud, and violation of the Consumer Protection Act (CPA).
  • » Alejandre v. Bull
    159 Wn.2d 674, 153 P.3d 864
    The Washington State Supreme Court recently reaffirmed the Economic Loss Doctrine as a bar to misrepresentation claims where the plaintiff’s loss is purely financial. The case arose from a residential real estate dispute in which the seller allegedly failed to disclose defects in a septic system.


Expert Testimony


  • » Estate of Sanders v. U.S.
    No. 12-60901, 2013 WL 6122093 (5th Cir. (Miss.) Nov. 21, 2013)
    The court found that an expert report neither established the relevant standard of care nor created a question of fact as to the remaining elements of the claim.
  • » Johnson v. Arkema, Inc.
    Johnson v. Arkema, Inc., 685 F.3d 452 (5th Cir. (Tex.) 2012)
    In a per curiam opinion, the Fifth Circuit Court of Appeals reviewed the district court’s exclusion of expert testimony in a toxic tort case
  • » EEOC v. United Airlines, Inc.
    EEOC v. United Airlines, Inc., Case No. 11-1774 (Sept. 7, 2012)
    The Seventh Circuit adopted the standard introduced in U.S. Airways, Inc. v. Barnett, 535 U.S. 391 (2002) for reassigning employees losing current positions because of disability under the Americans with Disabilities Act.
  • » French v. Allstate Indemnity Co.
    No. 09-30209, (5th Cir. (La.) Apr. 4, 2011)
    The Fifth Circuit Court of Appeals considered an appeal involving the district court's exclusion of expert testimony and denial of special damages.
  • » Nova Consulting Group, Inc. v. Engineering Consulting Srvcs. Ltd.
    No. 07-50832, 2008 WL 3889995 (5th Cir. (Tex.) Aug. 22, 2008)
    Utilizing Daubert and its progeny, the Fifth Circuit Court of Appeals considered whether the district court improperly admitted the plaintiff's expert witness's testimony.


Evidence


  • » Hallmark Cards, Inc. v. Murley
    703 F.3d 456 (8th Cir. 2013)
    The Eighth Circuit held that a district court must make explicit findings of bad faith and prejudice on the record before delivering an adverse inference instruction for prelitigation spoliation of evidence.
  • » Pizza Corner, Inc., v. C.F.L. Transport, Inc.
    No. 20100084, ___ N.W.2d ___, 2010 WL 5158209 (N.D. Dec. 21, 2010)
    North Dakota allowed a witness from one company to provide the foundation for a record created by a third party.
  • » Victor Stanley, Inc. v. Creative Pipe, Inc. et al.
    District of Maryland, Civil No. MJG-06-2662 (Sept. 9, 2010)
    The court held the defendants in contempt for spoliation and ordered a defendant to serve up to two years in jail unless and until he paid all of the costs incurred by the plaintiff.
  • » Gutman v. Klein
    No. 03 Civ. 1570 (BMC) (RML) (E.D.N.Y., Dec. 2, 2008 (Cogan, J.) and Oct. 15, 2008 (Levy, J.))
  • » Cottman Transmission Systems v. McEneany
    Civil Action No. 05-6768, 2007 WL 210094 (E.D. Pa. Jan. 19, 2007)
    Applying the gist of the action doctrine and the parol evidence rule, the court granted summary judgment on counterclaims asserted by defendant/franchisee against plaintiff/franchisor.


Fiduciary Duty


  • » Weinstein v. Colborne Foodbotics, LLC
    Colorado Supreme Court, Case No. 10SC143 (June 10, 2013)
    Managers of insolvent Colorado-based LLCs do not owe creditors the same fiduciary duty as an insolvent corporation's directors owe a corporation's creditors.
  • » Cold Spring Harbor Laboratory v. Ropes & Gray, LLP
    No. 11-101128-RGS, 2012 WL 112642 (D. Mass. Jan. 13, 2012)
    The court denied the defendants' motions to dismiss the plaintiff's claims of malpractice, breach of fiduciary duty, fraud, and negligence.
  • » Western Blue Print Co. v. Roberts
    No. WD72025, ___ S.W.3d ___, 2011 WL 1597954 (Mo. App. W.D. April 29, 2011)
    A general employee may owe a fiduciary duty to an employer if the employee is entrusted with considerable control and responsibility for the employer's affairs.
  • » Casa Orlando Apartments, Ltd. v. Federal National Mortgage Ass'n
    No. 09-40997, 2010 U.S. App. LEXIS 21456 (5th Cir. Oct. 14, 2010)
    The Fifth Circuit affirmed the denial of class certification in a multi-state class action alleging that Fannie Mae had breached fiduciary duties to low-income class member mortgagors.
  • » Wright v. Metropolitan Life Ins. Co.
    2009 U.S. Dist. LEXIS 66297 (D.D.C. May 26, 2009)
    The court dismissed a claim for breach of fiduciary duty against a disability insurer, finding that the insurer's duties were defined by ERISA.
  • » Randolph v. ING Life Ins. & Annuity Co.
    2009 D.C. App. LEXIS 231 (D.C. June 18, 2009)
    The court affirmed the dismissal of a claim of breach of fiduciary duty against the administrator of compensation plans for failure to maintain sufficient privacy protections.
  • » Ali v. Mid-Atlantic Settlement Servs., Inc.
    2009 U.S. Dist. LEXIS 61306 (D.D.C. July 17, 2009)
    The court dismissed a claim for unfair trade practices against someone who was not a merchant within the meaning of the D.C. Consumer Protection Procedures Act.
  • » Carroll v. Fremont Investment & Loan
    2009 U.S. Dist. LEXIS 61645 (D.D.C. July 20, 2009)
    The court denied a motion to dismiss an unfair trade practices claim and a fraud claim against a mortgage lender whose broker prepared a loan application that overstated the borrower's income and the value of the property.
  • » Command Consulting Group, LLC v. Neuraliq, Inc.
    2009 U.S. Dist. LEXIS 48083 (D.D.C. June 9, 2009)
    The court dismissed counterclaims for tortious interference with business relationships and breach of fiduciary duty.
  • » Hughes v. Abell
    2009 U.S. Dist. LEXIS 62495 (D.D.C. July 20, 2009)
    The court denied a motion to dismiss an unfair trade practices claim for a loan requiring monthly payments of half of the borrower's income.
  • » In re Citigroup Inc. Shareholder Derivative Litigation
    964 A.2d 106 (Del. Ch. 2009)
    The Chancery Court signals that large executive compensation packages paid by corporations that lose money might not survive corporate waste analysis but confirms that officers and directors are not personally liable for breach of fiduciary duty for substantial losses resulting from business risks.
  • » Armenian Genocide Museum and Memorial, Inc. v. Cafesjian Family Found.
    596 F. Supp. 2d 67 (D.D.C. Feb. 5, 2009), 2009 U.S. Dist. LEXIS 31880 (D.D.C. Apr. 15, 2009)
    The United States District Court for the District of Columbia denied motions to dismiss a breach of fiduciary duty claim against a nonprofit corporation's officer's former attorney, finding that the corporation had adequately alleged that the attorney undercut the purpose of the representation by advising his son on the execution of an agreement that was contrary to the corporation's interests.
  • » DiCarolo v. St. Mary Hospital
    2008 U.S. App. LEXIS 13313 (3rd Cir. June 24, 2008)
    The Third Circuit holds that, under New Jersey law, a hospital does not owe a fiduciary duty to patients with respect to its billing practices.
  • » Fraud/Breach of Fiduciary Duty Claim Against Loan Broker | [PDF]
    Ellipso, Inc. v. Mann, 541 F. Supp. 2d 365 (D.D.C. 2008)
    The D.C. district court denies summary judgment on a fraud claim, finding that the defendant’s execution of a loan without disclosing that the broker responsible for arranging the deal owned a share in the defendant was a false representation, but grants summary judgment on a fiduciary duty claim, holding that a creditor ordinarily has no fiduciary obligation to a debtor.
    [See also: Court Opinion | PDF]
  • » N. Am. Catholic Educ. Programming Found., Inc. v. Gheewalla
    No. 521,2006, 2007 WL 1453705 (Del. May 18, 2007)
    Creditors of an insolvent corporation or a corporation operating in the zone of insolvency cannot bring a direct breach of fiduciary duty action against that corporation’s directors.
  • » Krahmer v. Christie’s Incorporated
    903 A.2d 773 (Del. Ch. 2006), affirmed by 2007 Del. LEXIS 177 (Apr. 25, 2007)
    In Delaware, the inherently unknowable injury rule does not toll the statute of limitations for claims of fraud or mistake where an auction house unknowingly sells a fake work of art.
  • » More Fiduciary Duty Case Notes


Fraud


  • » Greenleaf Arms Realty Trust I, LLC v. New Boston Fund, Inc.
    No. 10-P-2192, 81 Mass. App. Ct. 282, 2012 WL 472919 (Mass. App. Ct. Feb. 16, 2012)
    The appeals court found that the plaintiffs had adequately pleaded fraud and breach of fiduciary duty.
  • » Davis v. Grant Park Nursing Home LP
    2009 U.S. Dist. LEXIS 68302 (D.D.C. Aug. 5, 2009)
    The court dismissed a fraud claim on behalf of a nursing home patient where a false representation was made to the government rather than the patient.
  • » McWilliams Ballard, Inc. v. Broadway Mgmt. Co.
    2009 U.S. Dist. LEXIS 58020 (D.D.C. July 7, 2009)
    The court granted leave to amend fraud claims to add new defendants, rejecting the defendants' argument that the amendment was futile because the plaintiff could not prevail on the claims.
  • » United States v. Philip Morris USA Inc.
    566 F.3d 1095 (D.C. Cir. 2009)
    The court upheld the conviction of several tobacco companies for RICO violations predicated on mail and wire fraud.
  • » United States v. Ring
    628 F. Supp. 2d 195 (D.D.C. June 25, 2009)
    The court rejected the defendant's argument that a private citizen cannot be held liable for honest services fraud.
  • » Sununu v. Philippine Airlines, Inc.
    2009 U.S. Dist. LEXIS 66592 (D.D.C. July 31, 2009)
    The court found that the complaint alleged that an airline seeking to renegotiate a lease arrangement had misrepresented the terms of the original agreement to the attorneys it retained.
  • » Media General, Inc. v. Tomlin
    532 F.3d 854 (D.C. Cir. 2008)
    The U.S. Court of Appeals for the District of Columbia Circuit vacated a grant of summary judgment to defendants on fraud claims, finding that the defendants made material misrepresentations in connection with the plaintiff’s purchase of their company and that the plaintiff’s failure to ask for written verification of the facts didn’t excuse the defendants’ conduct; however, it rejected as speculative a damages theory that the plaintiff would have insisted on a $10 million reduction in the purchase price had it been fully informed.
  • » Griffith v. Barnes
    560 F. Supp. 2d 29 (D.D.C. 2008)
    The U.S. District Court for the District of Columbia entered a default judgment against the defendants, who engaged in unfair trade practices in fraudulently taking title to the plaintiff's property, and imposed punitive damages.
  • » Aktieselskabet AF21 v. Fame Jeans, Inc.
    525 F.3d 8 (D.C. Cir. 2008)
    The U.S. Court of Appeals for the District of Columbia Circuit affirmed the dismissal of a claim for fraudulent misrepresentation where the plaintiff did not allege detrimental reliance on the misrepresentation.
  • » United States ex rel. Folliard v. CDW Tech. Servs., Inc.
    2010 U.S. Dist. LEXIS 38233 (D.D.C. Apr. 19, 2010)
    In a case involving alleged false certifications that products sold to the federal government were from countries designated under the Trade Agreements Act (TAA), the U.S. District Court for the District of Columbia denied in part a motion to dismiss, finding it sufficient that the complaint had alleged that the government had "probably" purchased the products.
  • » Instituto de Prevision Militar v. Merrill Lynch, et al.
    No. 07-15079 (11th Cir. Oct. 29, 2008)
    State Securities Fraud Claims Preempted-Eleventh Circuit Applies Rigorous Preemption Provisions of the Securities Litigation Uniform Standards Act.
  • » Official Comm. of Unsecured Creditors of Allegheny Health, Educ. and Research Found. v. PricewaterhouseCoopers, LLP
    No. 07-1397 (3d Cir. July 1, 2008)
    The Third Circuit certified two questions to the Pennsylvania Supreme Court stemming from a case brought by a creditors’ committee against the debtor’s former auditors. The questions concern (1) whether the intentional misconduct of the debtor’s officers should be imputed to the corporation under principles of agency law and (2) whether the doctrine of in pari delicto bars the creditors’ committee (which stands in the shoes of the debtor) from recovering for professional negligence, breach of contract and aiding and abetting breach of fiduciary duty against the debtor’s auditors.
    [See also: Court Opinion | PDF]
  • » Krahmer v. Christie’s Incorporated
    903 A.2d 773 (Del. Ch. 2006), affirmed by 2007 Del. LEXIS 177 (Apr. 25, 2007)
    In Delaware, the inherently unknowable injury rule does not toll the statute of limitations for claims of fraud or mistake where an auction house unknowingly sells a fake work of art.
  • » Cox Nuclear Pharmacy, Inc. v. CTI, Inc.
    Case No. 05-14713 (11th Cir. Feb. 13, 2007)
    Eleventh Circuit holds that fraud claim failed to the extent that these claims were dependent on the existence of an agreement that was barred by the statute of frauds; sua sponte summary judgment order appropriate where record sufficiently developed.
  • » Union Planters Bank, N.A. n/k/a Regions Bank v. Continental Casualty Co., et al.
    No. 05-6094/6095 (6th Cir. February 27, 2007)
    Bank that suffered multi-million dollar loss arising from mortgage lender’s fraudulent acts filed declaratory judgment against its primary insurance carrier and its three excess coverage carriers for a declaration of rights and obligations under the policies.
  • » Rawe v. Liberty Mutual Fire Insurance
    No. 05-5485 (6th Cir. September 1, 2006)
    Accident victim who was injured in one-car accident brought first and third-party bad faith claims against automobile insurer for its conduct regarding settlement of her bodily injury liability and underinsured motorist (UIM) claims.
  • » Moross Ltd. Partnership v. Fleckenstein Capital, Inc.
    Nos. 05-2280/2312 (6th Cir. October 24, 2006)
    Investor must demonstrate that manager engaged in “cherry-picking” to support investor’s claim of violation of Michigan’s Uniform Securities Act, fraud, and breach of fiduciary duty.
  • » More Fraud Case Notes


Insurance Coverage


  • » Grissom v. Liberty Mutual
    No. 11-60260 (5th Cir. April 23, 2012)
    The key factor as to whether an interaction between an insurer and an insured is considered claims handling is the status of the insured at the time.
  • » American Economy Ins. Co. v. Jackson
    No. 06-2728 (8th Cir. February 14, 2007)
    The Eighth Circuit conducts a de novo review and affirms district court’s grant of summary judgment to insurer finding that skilled nursing administrator exercised her professional judgment in determining whether to turn on the facility’s air conditioning and, therefore, policy exclusion for indemnity applied.


Jurisdiction

 

  • » Raskas v. Johnson & Johnson
    —F.3d— (8th Cir. 2013), 2013 WL 3198177
    The Eighth Circuit held defendants’ affidavits detailing their total sales figures for the previous five years established the amount in controversy requirement by a preponderance of the evidence sufficient to remove the case under CAFA.
  • » Cuomo v. The Clearing House Ass'n, LLC, et al
    United States Supreme Court, June 29, 2009
    The National Bank Act's reservation to the Federal Office of the Comptroller of the Currency of "visitorial powers" over national banks does not preclude state law enforcement officials from prosecuting state court enforcement actions against national banks to enforce state law.
  • » Arthur Andersen LLP v. Carlisle
    U.S. Supreme Court, May 4, 2009
    U.S. Courts of Appeals have jurisdiction over appeals from district courts’ denials of applications for stay pursuant to § 3 of the Federal Arbitration Act (FAA), regardless of the merits of the underlying stay application. Section 3 stays should be granted if state law would allow the applicant to enforce the arbitration agreement, even if the applicant is not itself a party to the agreement.
  • » The Board of Regents of the University of Texas System v. Nippon Telephone & Telegraph Corp.
    478 F.3d 274 (5th Cir. (Tex.) 2007)
    The Fifth Circuit addresses subject matter jurisdiction and foreign-sovereign immunity matters.
  • » Moncrief Oil Int’l, Inc. v. OAO Gazprom
    481 F.3d 309 (5th Cir. (Tex.) 2007)
    The Fifth Circuit addressed allegations of lack of personal jurisdiction in a breach of contract matter.


Law of the Case


  • » Hall v. White, Getgey, Meyer Co.
    465 F.3d 587 (5th Cir. 2006)
    The Fifth Circuit addresses the law of the case doctrine coupled with the concepts of pre- and post-judgment interest.


Noncompete Agreements




Promissory Estoppel




Remedies


  • » Levin v. Madigan
    692 F.3d 607 (Apr. 3, 2012)
    The Seventh Circuit ruled that age-discrimination claims may be brought under both the Equal Protection Clause and the Age Discrimination in Employment Act.
  • » Sikkelee v. Precision Airmotive Corp.
    2012 WL 5077571 (3d Cir. October 17, 2012)
    The US Court of Appeals for the Third Circuit provided guidance to federal courts in favor of applying the Third Restatement in cases of product liability.
  • » Buetow v. ALS Enterprises, Inc.
    No. 10-2415, ___ F.3d ___, 2011 WL 3611488 (8th Cir. August 18, 2011)
    The Eighth Circuit held that prior case law had misconstrued the Lanham Act by not requiring proof of irreparable harm before granting an injunction.
  • » In re Pharmaceutical Industry Average Wholesale Price Litigation
    252 F.R.D. 83 (D. Mass. Sept. 26, 2008)
    Nationwide classes of consumers and businesses certified under state Little FTC Acts for multiple/punitive damages and attorney fees.
  • » Terracon Consultants Western, Inc. v. Mandalay Resort Group et al.
    No. 477844 (March 26, 2009)
    The Nevada Supreme Court holds the economic loss rule bars professional negligence claims against design professionals providing advice on commercial development.
  • » Gutman v. Klein
    No. 03 Civ. 1570 (BMC) (RML) (E.D.N.Y., Dec. 2, 2008 (Cogan, J.) and Oct. 15, 2008 (Levy, J.))
  • » Carlile v. Harbour Homes, Inc.
    147 Wn. App. 193, 194 P.3d 280 (October 20, 2008)
    Thirty-seven homeowners filed construction defect claims against developer Harbour Homes. The plaintiffs alleged numerous causes of action including negligent misrepresentation, fraud, and violation of the Consumer Protection Act (CPA).
  • » Gutman v. Klein
    No. 03 Civ. 1570 (BMC) (RML) (E.D.N.Y., Dec. 2, 2008 (Cogan, J.) and Oct. 15, 2008 (Levy, J.))
  • » Instituto de Prevision Militar v. Merrill Lynch, et al.
    No. 07-15079 (11th Cir. Oct. 29, 2008)
    State Securities Fraud Claims Preempted-Eleventh Circuit Applies Rigorous Preemption Provisions of the Securities Litigation Uniform Standards Act.
  • » Newton Tractor Sales, Inc. v. Kubota Tractor Corp.
    No. 5-06-0087 (Ill. App. Ct. 5th Dist. June 5, 2008)
    In Illinois, promissory estoppel is not a theory under which a cause of action seeking monetary damages can be asserted.
    [See also: Court Opinion | PDF]
  • » Commodity Futures Trading Commission v. Wilshire Investment Management Corp.
    2008 WL 2521360 (11th Cir. June 26, 2008)
    The Eleventh Circuit Upholds Broad Authority of the District Courts to Grant Equitable Relief for Violations of the Commodity Exchange Act.
    [See also: Court Opinion | PDF]
  • » Dunkin’ Donuts, Inc. v. Arkay Donuts, LLC
    2006 U.S. Dist. LEXIS 58490 (D.N.J. August 21, 2006)
    The District Court of New Jersey sides with the majority of circuit courts holding that a district court has authority to amend a damages award sua sponte under Federal Rule of Civil Procedure 60(b).
  • » LJL Transportation, Inc. v. Pilot Air Freight Corp.
    905 A.2d 991 (Pa. Super. Ct. 2006)
    A party to a franchise contract has no absolute right to avail itself of a cure provision in the contract if the was conduct dishonest and the breach egregious.
  • » Albert M. Higley Company v. N/S Corporation
    No. 05-3393 (6th Cir. April 17, 2006)
    An arbitration provision allowing a primary contractor sole discretion about whether to arbitrate or litigate a dispute permitted the contractor to select litigation to resolve the contract dispute.
  • » Touloumes, Touloumes, and 31 S. Baltimore Inc. d/b/a Holly Inn v. E.S.C. Inc.
    899 A.2d 343 (Pa. 2006)
    Pennsylvania Supreme Court clarifies that Rule 238 delay damages are not available in breach of contract actions involving damage to property.
  • » P & O Nedlloyd, Ltd. v. Sanderson Farms, et al.
    2006 WL 2483520 (8th Cir. 2006)
    In a split decision, the Eighth Circuit allowed a seller’s insurer to avoid coverage for loss cargo because of C.I.F. shipping terms in the sales contract.


Tortious Interference

  • » Cohen v. Battaglia
    293 P.3d 752 (Kan. 2013)
    In Kansas, service of complaint on nonparty may constitute tortious interference with business relationship of complaint's defendant and nonparty.
  • » Western Blue Print Co. v. Roberts
    No. WD72025, ___ S.W.3d ___, 2011 WL 1597954 (Mo. App. W.D. April 29, 2011)
    A company's expectation for winning a contract bid may justify a tortious interference claim where there is a valid business expectancy.
  • » Kimmel v. Gallaudet Univ.
    2009 U.S. Dist. LEXIS 67876 (D.D.C. Aug. 4, 2009)
    The court declined to dismiss a tortious interference claim, finding that the plaintiff's allegation that her future in higher education had been disrupted was sufficient to state a claim.
  • » Command Consulting Group, LLC v. Neuraliq, Inc.
    2009 U.S. Dist. LEXIS 48083 (D.D.C. June 9, 2009)
    The court dismissed counterclaims for tortious interference with business relationships and breach of fiduciary duty.
  • » Aktieselskabet AF21 v. Fame Jeans, Inc.
    525 F.3d 8 (D.C. Cir. 2008)
    The U.S. Court of Appeals for the District of Columbia Circuit affirmed the dismissal of a claim for fraudulent misrepresentation where the plaintiff did not allege detrimental reliance on the misrepresentation.
  • » Ali v. Shaw
    No. 06-1384 (7th Cir. Feb. 20, 2007)
    The heightened pleading requirements outlined in Rule 9(b), apply to all averments of fraud, not just claims of fraud.
  • » Borsellino v. Goldman Sachs Group, Inc.
    No. 06-1800 (7th Cir. Mar. 23, 2007)
    An at-will employee who is terminated may have a tort action against a third-party who intentionally interferes with the employment relationship, but not against the employer or its agents.
  • » Park v. Hyatt Corp.
    436 F. Supp. 2d 60 (D.D.C. 2006)
    The District Court of D.C. denies a motion to dismiss a claim for tortious interference with contract, finding that the complaint stated a tortious interference claim where it alleged that a hotel forced organizers of a party to breach their contracts with the party’s attendees by failing to provide the promised accommodations for the party.
  • » Hawaii Medical Association v. Hawaii Medical Service Assoc., Inc.
    2006 Haw. LEXIS 464 (Hawaii 2006)
    HMA alleged that HMSA tortiously interfered with the physicians’ prospective economic advantage.
  • » More Tortious Interference Case Notes


Trade Secrets, Non-Compete Agreements


  • » VanBuren v. Grubb
    No. 120348, 2012 Va. LEXIS 193 (Va. Nov. 1, 2012)
    The Virginia Supreme Court held, in a 4-3 decision, that there can be individual liability in public policy wrongful termination cases.
  • » Contour Design, Inc. v. Chance Mold Steel Co., Ltd
    2012 WL 3793131 (September 4, 2012)
    The First Circuit issued a decision that may raise the bar for a plaintiff attempting to prove trade-secret misappropriation through circumstantial evidence.
  • » Salazar v. District of Columbia
    596 F. Supp. 2d 67 (D.D.C. 2009)
    The United States District Court for the District of Columbia granted a motion to compel disclosure of certain treatment guidelines developed by Medicaid third-party administrators and held that the guidelines were not protected by trade secret law, as Medicaid regulations required that the subject matter of the guidelines be made available to beneficiaries.
  • » Misappropriation of Trade Secrets; Statute of Limitations | [PDF]
    New Media Strategies, Inc. v. Pulpfree, Inc., 941 A.2d 420 (D.C. 2008)
    The D.C. Court of Appeals reverses a grant of summary judgment on statute of limitations grounds in a misappropriation of trade secrets action, finding the record unclear as to whether the plaintiff knew at the time of misappropriation that the defendant planned to use the plaintiff’s trade secrets.
    [See also: Court Opinion | PDF]
  • » General Reinsurance Corp. v. Arch Capital Group et al
    No. X05-FST-CV-4011668-S (Superior Court, October 17, 2007)
    In the recent Connecticut state trial court case, the court considered claims for misappropriation of trade secrets, breach of fiduciary duty and tortious interference with business relations brought against four former top executives of the plaintiff and their new employer.
  • » Tripple Tee Golf, Inc. v. Nike, Inc.
    Nos. 05-10934, 05-11442, 2007 WL 1128138 (5th Cir. (Tex.) Apr. 17, 2007)
    The Fifth Circuit considers an antitrust action involving the alleged misappropriation of trade secrets.
  • » Fiber Systems Int’l, Inc. v. Roehrs
    No. 05-41213, 2006 WL 3378403 (5th Cir. (Tex.) Nov. 22, 2006)
    The Fifth Circuit holds that the Computer Fraud and Abuse Act provides a basis for civil liability.
  • » Canadian Commercial Corp. v. Dep’t of the Air Force
    2006 U.S. Dist. LEXIS 53506 (D.D.C. Aug. 3, 2006)
    The D.C. Circuit prevents the Air Force from releasing pricing information in a “reverse FOIA” action because of trade secrets and confidential information under FOIA Exemption 4; however, the court allowed disclosure of the plaintiffs’ hourly labor rates.
  • » Action Tapes, Inc. v. Kelly Mattson dba Kelly J's New Home Servicing Center
    2006 WL 2483217 (8th Cir. 2006)
    In Action Tapes, the Eighth Circuit addresses the unique control provided to properly registered, computer program copyright owners under the Computer Software Rental Amendment Act of 1990, 17 U.S.C. § 109(a)
  • » More Trade Secrets Case Notes


Unfair Trade Practices


  • » Brumfield v. City of Chicago
    Nos. 11-2265 & 11-3836, ___ F.3d ___ (Nov. 6, 2013) (Sykes, J.)
    The ADA does not cover employment-related disability claims by public employees.
  • » Stengel v. Medtronic Inc.
    No. 10-17755 (9th Cir. Jan. 10, 2013)
    En banc court reverses district court's order dismissing appellants' state-law failure-to-warn claim as preempted by the MDA.
  • » Floyd's 99 Holdings, LLC v. Jude's Barbershop, Inc
    2012 WL 4481424, ___ F.Supp.2d ___ (Sept. 28, 2012, D. Colo.)
    The Colorado long-arm jurisdiction does not extend to nonresident competitor's trademark infringement if there are actions expressly against the state.
  • » Buetow v. ALS Enterprises, Inc.
    No. 10-2415, ___ F.3d ___, 2011 WL 3611488 (8th Cir. August 18, 2011)
    The Eighth Circuit held that prior case law had misconstrued the Lanham Act by not requiring proof of irreparable harm before granting an injunction.
  • » Fugate v. Jackson Hewitt, Inc.
    No. WD 72353, ___ S.W.3d ___, 2011 WL 690575 (Mo. App. W.D. March 1, 2011)
    Tax-preparation companies that provide refund anticipation loans may be subject to statutes regulating credit service organizations.
  • » Anderson v. EMC Mortgage Corp.
    No. 09-3906, 631 F.3d 905 (8th Cir. Feb. 9, 2011)
    A furnisher of adverse credit information satisfied requirements under the FCRA when it investigated only the contents of a notice of dispute from a credit-reporting agency.
  • » Lefaivre v. KV Pharmaceutical Co.
    No. 10-1326, ___ F.3d ___, 2011 WL 722404 (8th Cir. March 3, 2011)
    A violation of federal law can give rise to a claim under a state's merchandising practices statute.
  • » Rescuecom Corp. v. Google
    562 F.3d 123 (2nd Cir. 2009)
    Second Circuit Finds Search Engine’s Sale of Trademarks as Keywords Is Use in Commerce Under the Lanham Act.
  • » In re Pharmaceutical Industry Average Wholesale Price Litigation
    252 F.R.D. 83 (D. Mass. Sept. 26, 2008)
    Nationwide classes of consumers and businesses certified under state Little FTC Acts for multiple/punitive damages and attorney fees.
  • » Harvey v. Great Seneca Financial Corporation
    No. 05-3870 (6th Cir. July 6, 2006)
    Consumer sued debt collector and collector's law firm, alleging filing of debt-collection suit without the means of proving the existence, amount, or ownership of debt, in violation of Fair Debt Collection Practices Act (FDCPA).
  • » Rawe v. Liberty Mutual Fire Insurance
    No. 05-5485 (6th Cir. September 1, 2006)
    Accident victim who was injured in one-car accident brought first and third-party bad faith claims against automobile insurer for its conduct regarding settlement of her bodily injury liability and underinsured motorist (UIM) claims.
  • » McGlawn v. Pennsylvania Human Relations Commission
    891 A.2d 757 (Pa. Commw. 2006)
    The fiduciary duties of mortgage brokers include ensuring that potential borrowers are not completely unable to pay back debt. Pennsylvania Human Relations Act (“PHRA”) prohibits reverse redlining by mortgage brokers.
  • » More Unfair Trade Practices Case Notes