Reed v. Reed
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Anglia Television v. Reed
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Citation. 3 All E.R. 690 (House of Lords 1971) Brief Fact Summary. An actor and a media company entered into a contract for the actor to star in a film of a play for television.  The actor had to repudiate the contract, and a question as to the damages owed by the actor to the media company arose. Synopsis of Rule of Law. If a party cannot demonstrate an amount of lost profits they are entitled to, both expenditures incurred before and after the contract was concluded will be part of the damages award, if those expenditures "would reasonably be in the contemplation of th ...

Reed v. McCord
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View this case and other resources at: Citation. 18 App. Div. 381, 46 N.Y.S. 407 (App Div, 2d Dept 1897) Brief Fact Summary. The defendant in a medical negligence case testified as to some of the circumstances surrounding the accident. The coroner then got on the stand and testified as to some of the things that the defendant had said, over objection by the defendant. Synopsis of Rule of Law. A statement made by a party against a party's own interest is not hearsay, and may be admitted substantively. Issue. Whether the statements by the coroner as to the statements made ...

Reed v. Ross
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View this case and other resources at: Citation. 468 U.S. 1, 104 S. Ct. 2901, 82 L. Ed. 2d 1, 1984 U.S. Brief Fact Summary. An individual was convicted of murder, but a Supreme Court case decided after his conviction concluded that a procedural aspect of all cases including his was deemed invalid. Synopsis of Rule of Law. "[W]here a constitutional claim is so novel that its legal basis is not reasonably available to counsel, a defendant has cause for his failure to raise the claim in accordance with applicable state procedures." ...

Gibbs v. Breed, Abbot & Morgan
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Kovacik v. Reed
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Reed v. Sears, Roebuck & Co
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View this case and other resources at: Citation. 934 F. Supp.713 (D. Md. 1996) Brief Fact Summary. Owen L. Reed, Jr. and Donna Reed, (Plaintiffs) bring this action individually and on behalf of their child, seeking damages against Sears, Roebuck & Co., (Defendant) for the sale of an allegedly defective storm door that caused injuries to their child. Defendant seeks summary judgment claiming the sealed containers defense. Synopsis of Rule of Law. The sealed container defense applies to products liability claims alleging "defective design or manufacture" as well as strict p ...

Specht v. Netscape Communications Corp
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Citation. 306 F.3 17 (2d Cir. 2002) Brief Fact Summary. Internet users (Plaintiff) brought suit against Netscape Communications (Defendant) over the ambiguous terms in an online contract to download a variety of Internet programs. Synopsis of Rule of Law. When a computer user is invited to download “free” products, when the terms of the contract are not reasonably clear to the user, the user cannot be bound by the terms of the contract. ...

Bilski v. Kappos
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View this case and other resources at: Citation. 130 S. Ct. 3218 (2010) Brief Fact Summary. Petitioners submitted an application to patent a business method using a mathematical algorithm to hedge against price changes in the energy market.  The patent examiner rejected the application because it was related to an abstract idea with no relationship to a specific apparatus. Synopsis of Rule of Law. The machine-or-transformation test is not the only test for patent eligibility under § 101 of the Patent Act.   ...

Kadant, Inc. v. Seeley Machine, Inc
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View this case and other resources at: Citation. 244 F. Supp. 2d 19 (N.D.N.Y. 2003) Brief Fact Summary. Kadant, Inc. (Plaintiff) claimed that its former employee, Corlew, stole design specifications for its products, which, it claimed, were trade secrets, and that Corlew gave the trade secrets to his new employer, Seeley Machine, Inc. (Defendant), which then used them to develop a new line of products. Synopsis of Rule of Law. Trade secret protection is not appropriate where a plaintiff does not provide evidence showing that the defendant improperly obtained and ...

Smith v. Dravo Corp
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View this case and other resources at: Citation. 203 F.2d 369 (7th Cir. 1953) Brief Fact Summary. Safeway Containers (Plaintiff) had disclosed its secret design to Dravo Corp. (Defendant) for them to appraise it, later alleging that the Defendant had unlawfully misappropriated the secret design. Synopsis of Rule of Law. A confidential relationship may be implied without an express promise of trust. ...

Larami Corp. v. Amron
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View this case and other resources at: Citation. 27 U.S.P.Q.2d 1280 (E.D. Pa. 1993) Brief Fact Summary. Amron (Defendant), a manufacturer of toy water guns, claimed that Larami Corp. (Plaintiff), another manufacturer, had infringed on its patent. Synopsis of Rule of Law. Literal infringement of a patent cannot be proven if the accused product is missing even one element of the claim. ...

Phillips v. AWH Corporation
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View this case and other resources at: Citation. 415 F.3d 1303 (Fed. Cir. 2005) (en banc) (Fed. Cir. 2009) Brief Fact Summary. Phillips (Plaintiff), who sued AWH Corp. (Defendant) for patent infringement, argued that the term “baffles” in claim 1 of his patented invention (the ‘798 patent) was not used in a restrictive manner in order to exclude structures that extend at a 90-degree angle from walls, and that the term should be given its plain meaning, rather than limiting the term to corresponding structures disclosed in the patent’s specification, or ...

Two Pesos, Inc. v. Taco Cabana, Inc.
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View this case and other resources at: Citation. 505 U.S. 763 (1992) Brief Fact Summary. Taco Cabana, Inc. (Plaintiff) sought to assert trademark protection for its trade dress, despite such dress not having acquired a secondary meaning. Synopsis of Rule of Law. Trade dress that is inherently distinctive may be subject to trademark protection even if it has not acquired a secondary meaning. ...

Kewanee Oil Co. v. Bicron Corp
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View this case and other resources at: Citation. 416 U.S. 470 (1974) Brief Fact Summary. Kewanee Oil Co. (Plaintiff) successfully sought an injunction against Bicron Corp. (Defendant) under state trade secret law but was reversed on appeal. Synopsis of Rule of Law. Federal patent law does not preempt state trade secret protection. ...

Lindy Pen Company, Inc. v. Big Pen Corporation
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View this case and other resources at: Citation. 982 F.2d 1400 (9th Cir. 1993) Brief Fact Summary. Lindy Pen Company, Inc. (Liny) (Plaintiff) brought suit against Bic Pen Corporation (Bic) (Defendant) claiming trademark infringement, breach of contract, unfair competition, and trademark dilution; an accounting was ordered by the Ninth Circuit. Synopsis of Rule of Law. In those cases where infringement yields financial rewards, an accounting of profits will be ordered so as to prevent trademark infringement. ...

Georgine v. Amchem Products, Inc.
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View this case and other resources at: Citation. 157 F.R.D. 246 (E.D. Pa. 1994) Brief Fact Summary. The court reviewed a proposed settlement of a class action suit for asbestos-related injuries or wrongful deaths to determine whether to enter a final class certification under Rule 23, and to approve the settlement negotiated on behalf of the class Synopsis of Rule of Law. An impermissible conflict of interest is not established by the simultaneous representation of present and future claimants by counsel in a class action suit. ...

Fickett v. Superior Court of Pima County
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View this case and other resources at: Citation. Ariz. Ct. App., 27 Ariz. App. 793, 558 P.2d 988 (1976) Brief Fact Summary. When a guardian, whom Fickett (Defendant) represented, misappropriated the guardianship estate by converting the funds to his own use, a successor conservator (Plaintiff) sued Fickett (Defendant) for negligently failing to discover the misappropriation scheme Synopsis of Rule of Law. An attorney who undertakes the representation of the guardian of an incompetent assumes a relationship with both the guardian and the ward ...

State v. Callahan
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View this case and other resources at: Citation. Kan. Sup. Ct., 232 Kan. 136, 652 P.2d 708 (1982) Brief Fact Summary. Attorney Callahan (Defendant) represented both the buyer and the seller in a real estate sale, and he failed to disclose to the seller his ongoing business relationship with the buyer, and only later did he inform the buyer that she held only a promissory note, not a second mortgage on the property Synopsis of Rule of Law. When an attorney seeks to represent multiple parties in a transaction with adverse interests, the consent of each party must be ...

Balla v. Gambro, Inc.
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View this case and other resources at: Citation. Ill. Sup. Ct., 145 Ill. 2d 492, 584 N.E.2d 104 (1991) Brief Fact Summary. When Balla (Plaintiff) was discharged from his position as Gambro’s (Defendant) in-house counsel after he informed the firm’s president that he would take any steps necessary to stop the sale of defective dialyzers, Balla (Plaintiff) brought this action seeking damages for retaliatory discharge. Synopsis of Rule of Law. In-house counsel should not be permitted the remedy of an action for retaliatory discharge.  ...

Upjohn v. United States
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View this case and other resources at: Citation. 449 U.S. 383 (1981) Brief Fact Summary. The Internal Revenue Service (IRS) (Plaintiff) served summonses on Upjohn (Defendant) requiring production of questionnaires that had been completed by Defendant’s employees at the request of Defendant’s in-house counsel, and of Defendant’s counsel’s notes of interviews of people who had responded to the questionnaire Synopsis of Rule of Law. The attorney-client privilege protects corporate employees from having to disclose communications between thems ...

Federal Deposit Insurance Corporation v. O’Melveny & Myers
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View this case and other resources at: Citation. 969 F.2d 744 (9th Cir. 1992) Brief Fact Summary. When the law firm of O’Melveny & Myers (the Firm) (Defendant) was sued for professional negligence by the Federal Deposit Insurance Corporation (FDIC) (Plaintiff), as the receiver of a savings and loan association which failed because of the dishonesty of the association’s officers, the Firm (Defendant) argued that it had no duty to determine the honesty of its own client Synopsis of Rule of Law. An attorney must act with competence to avoid public ha ...

Spaulding v. Zimmerman
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View this case and other resources at: Citation. Minn. Sup. Ct., 263 Minn. 34, 116 N.W.2d 704 (1962) www.bloomberglaw.com Spaulding’s (Plaintiff) attorneys agreed to a settlement for injuries sustained in a car accident while not knowing that Spaulding had an aorta aneurysm possibly resulting from the accident; and the attorneys for Zimmerman (Defendant) did know, but did not disclose it to Plaintiff or to the court Synopsis of Rule of Law. When parties who are in an adversarial position reach an agreement to settle, though no rule or duty requires them to discl ...

Shapero v. Kentucky Bar Association
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View this case and other resources at: Citation. 486 U.S. 466 (1988) Brief Fact Summary. The Kentucky Bar Association (Defendant) promulgated a disciplinary rule prohibiting advertisement mailings for certain legal services. Synopsis of Rule of Law. A state may not prohibit the mailing of advertisements to a target audience believed to be in need of certain legal services ...

Lieberman v. Wyoming.com LLC
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View this case and other resources at: Citation. Wyo. Sup. Ct. 82 P.3d 274 (2004) Brief Fact Summary. Following Lieberman’s (Defendant) withdrawal from Wyoming.com LLC (Plaintiff), the LLC (Plaintiff) brought a declaratory judgment action to determine the financial consequences of his withdrawal, asserting that the LLC (Plaintiff) was obligated to pay to Lieberman (Defendant), after repaying his capital contribution, only the value of his capital account (which had a negative value), rather than, as Lieberman (Defendant) asserted, the fair market value of his equit ...