Reed v. Reed
Brief

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Anglia Television v. Reed
Brief

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
Brief

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
Brief

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 ...

FREEDOM OF RELIGION
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Chapter 15 FREEDOM OF RELIGION Here are the key concepts involving "freedom of religion": Two clauses: There are two distinct clauses in the First Amendment pertaining to religion: Establishment Clause: First, there is the Establishment Clause. That clause prohibits any law "respecting an establishment of religion." The main purpose of the Establishment Clause is to prevent government from endorsing or supporting religion. Free Exercise Clause: The second clause is the Free Exercise Clause. That clause bars any law "prohibiting the free exercise of religion." The main purpose ...

FREEDOM OF EXPRESSION
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Chapter 14 FREEDOM OF EXPRESSION The First Amendment provides, in part, that "Congress shall make no law ... abridging the freedom of speech, or of the press. ... " These rights (plus the accompanying "freedom of association") are often grouped together as "freedom of expression." Here are the key concepts relating to freedom of expression: Content-based vs. content-neutral: Courts distinguish between "content-based" and "content-neutral" regulations on expression. Content-based: If the government action is "content-based," the action will be generally subjected to strict scrutin ...

The First Amendment: Freedom of Religion
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CHAPTER 9 The First Amendment: Freedom of Religion §9.1 INTRODUCTION AND OVERVIEW The First Amendment provides, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. ...” The two clauses of this sentence, commonly referred to as the Establishment Clause and the Free Exercise Clause, ostensibly divide the constitutional principle of religious freedom into two doctrinal realms, each with its own particular principles and methods. Stated very generally, the Establishment Clause precludes the government from favoring any particular r ...

The First Amendment: Freedom of Speech and of the Press
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CHAPTER 8 The First Amendment: Freedom of Speech and of the Press §8.1 INTRODUCTION AND OVERVIEW As usual, we begin with the text. The words are simple and straightforward: “Congress shall make no law ... abridging the freedom of speech, or of the press.” There is power in this simplicity. The blunt proscription would seem to preclude any legislation that limits or punishes the protected activities. No law. But as the length of this chapter attests, the simplicity of text does not translate into a paucity of doctrine, and the doctrines rarely, if ever, speak in terms of absolutes. Rath ...

False Imprisonment: Protecting Freedom of Movement
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5 False Imprisonment: Protecting Freedom of Movement INTRODUCTION Battery and assault protect the right to be free of physical intrusions on the person. Trespass allows redress for intrusions on private property. False imprisonment safeguards an equally fundamental value, the right to be free of restraint on one's freedom of movement, the right to “go freely through the world,”[1] the right not to be confined against one's will. Physical confinement is a drastic intrusion on personal liberty, as well as a humiliating blow to a person's sense of dignity and independence. It isn't surpris ...

Specht v. Netscape Communications Corp
Brief

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
Brief

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
Brief

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
Brief

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
Brief

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
Brief

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.
Brief

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
Brief

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
Brief

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.
Brief

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
Brief

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
Brief

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.
Brief

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.  ...