Cases

10/30/2018 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs September 19, 2018 DALE SAMUEL WAGGONER v. STATE OF TENNESSEE Appeal from the Criminal Court for Davidson County No. 2011-B-1104 Cheryl A. Blackburn, Judge ___________________________________

MEMORANDUM DECISION GRANTING GCL-POLY ENERGY HOLDINGS LIMITED’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING SMP LTD.’S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT STUART M. BERNSTEIN, United States Bankruptcy Court The plaintiff, SMP Ltd. (“SMP”)—a debtor under Korean bankruptcy law— sued the defendant SunEdison, Inc. (“SunEdison”)—a U.S. debtor—seeking a

ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ANTHONY W. ISHII, Senior District Judge. This is an insurance dispute between Plaintiffs Chierfue Her (“Her”) and Ge Xiong (“Xiong”) and their former insurer, State Farm Insurance Company (“State Farm”). Plaintiffs have alleged state law claims for breach of contract and bad faith. State Farm now moves for summary judgment on all claims alleged against i

179 F.Supp.2d 742 (2001) Daniel W. WINEHOLT, d/b/a Wineholt Leasing, Plaintiff, v. CINCINNATI INSURANCE COMPANY, Defendant. No. 1:01-CV-67. United States District Court, W.D. Michigan, Southern Division. July 27, 2001. *743 *744 Brian D. Vincent, Grand Rapids, MI, for Plaintiff. Lawrenc

954 F.Supp. 1189 (1997) Charles BRACKX, Plaintiff, v. The MINNESOTA MUTUAL LIFE INSURANCE COMPANY, Defendant. Civil Action No. 96-40258. United States District Court, E.D. Michigan, Southern Division. February 24, 1997. John B. Farrell, Welch, MacAlpine, Bahorski, Bieglecki & Farrell, P.C., Mount Clemens, MI, for plaintiff. Charles Brackx, Harper Woods, M

OPINION SHIPP, District Judge. This matter comes before the Court on application for a preliminary injunction by Plaintiffs National Collegiate Athletic Association (“NCAA”), National Basketball Association (“NBA”), National Football *491League (“NFL”), National Hockey League (“NHL”), and Office of the Commissioner of Baseball, doing business as Ma

Justice ERICKSON delivered the Opinion of the Court. We granted certiorari to review Kemp v. State Board of Agriculture, 790 P.2d 870 (Colo.App.1989), and we now affirm. The petitioner, Sandra Kemp, was a black female employee of Colorado State University (CSU), and was assigned as an extension agent in a predominately white community in Southern Colorado from August 16, 1982, until August 30, 1985. Sh

O'Malley, Circuit Judge. *1185 This copyright case returns to us after a second jury trial, this one focusing on the defense of fair use. Oracle America, Inc. ("Oracle") filed suit against Google Inc. ("Google") 1 in the United

O’MALLEY, Circuit Judge. This copyright dispute involves 37 packages of computer source code. The parties have often referred to these groups of computer programs, individually or collectively, as “application programming interfaces,” or API packages, but it is their content, not their name, that matters. The predecessor of Oracle America, Inc. (“Oracle”) wrote these and other

POOLER, Circuit Judge. Fox Television Stations, Inc., along with its affiliates FBC Television Affiliates Association (collectively “Fox”), petition for review of the November 6, 2006, order of the Federal Communications Commission (“FCC”) issuing notices of apparent liability against two Fox broadcasts for violating the FCC’s indecency and profanity prohibitions.2 Fox, along with other broadcast

489 F.3d 444 FOX TELEVISION STATIONS, INC., CBS Broadcasting, Inc., WLS Television, Inc., KTRK Television, Inc., KMBC Hearstargyle Television, Inc., ABC, Inc., Petitioners,v.FEDERAL COMMUNICATIONS COMMISSION, United States of America, Respondents,NBC Universal, Inc., NBC Telemundo License Co., NBC Television Affiliates, FBC Television Affiliates Association, CBS Television Network Affiliates, Center for the Creative Community, Inc., doi

HUFSTEDLER, Circuit Judge: Appellant, Monolith Portland Midwest Company (“Monolith”), brought this action against the appellees, claiming misappropriation of its confidential business information and infringement of its pat *291 ent. Monolith is a Nevada corporation, manufacturing cement in Laramie,

J. JOSEPH SMITH, Circuit Judge: Michael and Robert Meeropol appeal from dismissal on summary judgment in the United States District Court for the Southern District of New York, Harold R. Tyler, Jr. and Lee P. Gagliardi, Judges, of a three-count complaint alleging infringement of statutory copyright (Count I), i

LEIBELL, District Judge. Defendant moved pursuant to Rule 12 (b) (6), Federal Rules of Civil Procedure, for an order dismissing the second cause of action pleaded in the complaint on the ground that it fails to state a claim upon which relief can be granted. The complaint herein sets forth two causes of action, the first being predicated upon breach of contract; the second is for alleged libel of plaintiff

626 F.2d 1171 207 U.S.P.Q. 977, 1978-81 Copr.L.Dec. 25,174,6 Media L. Rep. 1734 TRIANGLE PUBLICATIONS, INC., a Pennsylvania Corporation,Plaintiff-Appellant,v.KNIGHT-RIDDER NEWSPAPERS, INC., a Florida Corporation,Defendant-Appellee. No. 78-1639. United States Court of Appeals, Fifth Circuit. July 24, 1980.

PHILLIPS, Circuit Judge. CGG Land (U.S.) Inc.’s employees (Employees) brought this collective action alleging violations of the Fair Labor Standards Act (FLSA). The FLSA generally requires employers to compensate overtime hours at one and one-half times the employee’s “regular rate” of pay. See 29 U.S.C. § 207(a)(1) (2012). Employees claim that CGG violated

204 F.Supp. 327 (1962) Morris Bertram BURNETT, also known as Murray Burnett, and Frederick Stephani, Plaintiffs, v. Salvatore LAMBINO, also known as Evan Hunter, Simon and Schuster, Inc., Metro-Goldwyn-Mayer, Inc., and Pocket Books, Inc., Defendants. United States District Court S. D. New York. April 6, 1962. *328 Blumberg, Singer, Ross & Gor

Day, J. The motion to set aside the award of the arbitrators was'supported by an affidavit of the attorney of defendants, as follows: i abbithaawinusetting SmdienTd: pi00t' “L-, T. Q. Lee, being duly sworn, on oath say that I was of counsel for Benjamin Millard and Fillmore Millard in the-matter of arbitration between B. Millard, F. Mill&rd and H. A. Gorham, tried before A. J. Whitfi

FRANK, Circuit Judge. 1. Plaintiff with his complaint .'filed a jury demand which defendant moved to strike out. Defendant urges that the relief prayed in the complaint renders a jury trial inappropriate. We do not agree. Plaintiff did not ask for an injunction but solely for damages. Such a suit is an action at “law.” 1 That it is founded solely on a