CitationMattel, Inc. v. MCA Records, 296 F.3d 894, 2002 U.S. App. LEXIS 14821, 63 U.S.P.Q.2D (BNA) 1715, 2002 Cal. Daily Op. Service 6617, 2002 Daily Journal DAR 8297 (9th Cir. Cal. July 24, 2002) Brief Fact Summary. The music group Aqua recorded a song called Barbie Girl, on an MCA Records-produced (Defendant) album. The manufacturer of the Barbie doll, Mattel, Inc. (Plaintiff), sued for trademark infringement. Synopsis of Rule of Law. The parody of a well-known product, where the product has assumed a role in society outside the protections offered under trademark law, is allowed as protec ...
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KP Permanent Make-up, Inc. v. Lasting Impression I, Inc
CitationKP Permanent Make-Up, Inc. v. Lasting Impression I, Inc., 543 U.S. 111, 125 S. Ct. 542, 160 L. Ed. 2d 440, 2004 U.S. LEXIS 8170, 72 U.S.P.Q.2D (BNA) 1833, 73 U.S.L.W. 4029, 18 Fla. L. Weekly Fed. S 28 (U.S. Dec. 8, 2004) Brief Fact Summary. Two sellers of permanent make-up used the phrase “micro color†in marketing materials. KP Permanent Make-Up, Inc. (Plaintiff) claimed it first used the phrase while Lasting Impression I, Inc. (Defendant) had an incontestable trademark for the phrase. Plaintiff sued Defendant in a declarator ...
Dawn Donut Company, Inc. v. Hart’s Food Stores, Inc
CitationDawn Donut Co. v. Hart’s Food Stores, Inc., 267 F.2d 358, 1959 U.S. App. LEXIS 5189, 121 U.S.P.Q. (BNA) 430 (2d Cir. N.Y. May 21, 1959) Brief Fact Summary. Dawn Donut Company, Inc. (Plaintiff) distributed doughnut mix under the name “Dawn†in an area of New York separate from Hart Food’s (Defendant) use of the name, and sought to enjoin such use.Dawn Donut Company, Inc. (Plaintiff) distributed doughnut mix under the name “Dawn†in an area of New York separate from Hart Food’s (Defendant) use of the ...
Unauthorized Practice of Law Committee v. Parsons Technology, Inc.
Brief Fact Summary. Parsons Technology, Inc. (Defendant), the publisher of Quicken Family Lawyer (QFL), was charged with violating the unauthorized practice of law statute in Texas. Synopsis of Rule of Law. To simply advise an individual regarding whether or not to file a form requires legal skill and knowledge, and therefore amounts to the practice of law. ...
Klein v. Boyd
CitationFed. Sec. L. Rep., 90,136 (3d Cir. 1998) Brief Fact Summary. Four investors (Plaintiff) in a failed limited partnership sued the law firm (Defendant) that represented the partnership for federal securities law violations, common law fraud, and Racketeer Influenced and Corrupt Organizations Act (RICO) violations Synopsis of Rule of Law. A duty to disclose may arise from either a fiduciary relationship or from affirmative misrepresentations omitting a material fact, and attorneys who participate significantly in the making of their client’s misrepresentations should be held acco ...
In re Hale
View this case and other resources at: Brief Fact Summary. When Barbara Grutter (Plaintiff), a white Michigan resident with a 3.8 grade average and 161 LSAT score, was denied admission to the University of Michigan Law School (Defendant), she sued the latter in federal district court, alleging racial discrimination against her in violation of the Fourteenth Amendment on the basis of the law school’s (Defendant) direct consideration of race as a factor in the admissions process Synopsis of Rule of Law. Diversity is a compelling interest that can justify the narrowly tailored use of ...
Smith v. Lewis
CitationSmith v. Lewis, 530 P.2d 589, 13 Cal. 3d 349, 118 Cal. Rptr. 621, 1975 Cal. LEXIS 174, 78 A.L.R.3d 231 (Cal. 1975) Brief Fact Summary. While Lewis (Defendant) was representing Smith (Plaintiff) in a divorce action and failed to include, as part of the community the retirement benefits earned by Smith’s (Plaintiff) husband during their marriage, Smith (Plaintiff) brought this malpractice action against Lewis (Defendant). Synopsis of Rule of Law. An attorney is expected to perform enough research to enable him to make an informed and intelligent judgment on behalf of his clien ...
Greycas, Inc. v. Proud
CitationGreycas, Inc. v. Proud, 826 F.2d 1560, 1987 U.S. App. LEXIS 10984, 23 Fed. R. Evid. Serv. (Callaghan) 888 (7th Cir. Ill. Aug. 3, 1987) Brief Fact Summary. Greycas, Inc. (Plaintiff) argued that Proud’s (Defendant) misrepresentations in his capacity as attorney to Crawford, a party in opposition to Plaintiff, were actionable. Synopsis of Rule of Law. An attorney may be professionally liable to a party in opposition to his client. ...
Nix v. Whiteside
CitationNix v. Whiteside, 475 U.S. 157, 106 S. Ct. 988, 89 L. Ed. 2d 123, 1986 U.S. LEXIS 8, 54 U.S.L.W. 4194 (U.S. Feb. 26, 1986) Brief Fact Summary. Whiteside (Defendant) argued that his counsel’s refusal to allow him to commit perjury denied him his right to counsel. Synopsis of Rule of Law. A criminal defendant is not denied the right to counsel if his counsel will not let him commit perjury ...
United States v. Shaffer Equipment Co
CitationUnited States v. Shaffer Equip. Co., 11 F.3d 450, 1993 U.S. App. LEXIS 32040, 24 ELR 20706, 37 ERC (BNA) 2078 (4th Cir. W. Va. Dec. 9, 1993) Brief Fact Summary. Attorneys for the United States Environmental Protection Agency (EPA) (Plaintiff) deliberately concealed the misrepresented achievements and credentials of the EPA (Plaintiff) On-Site Coordinator responsible for preparing the administrative hearing documents. The court sanctioned counsel for the concealment by dismissing the case in its entirety Synopsis of Rule of Law. Zealous advocacy by an attorney represen ...
Georgine v. Amchem Products, Inc.
CitationGeorgine v. Amchem Prods.,Inc., 157 F.R.D. 246, 1994 U.S. Dist. LEXIS 11358 (E.D. Pa. Aug. 16, 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. ...
Paradigm Ins. Co. v. Langerman Law Offices
CitationAriz. Sup. Ct., 24 P.3d 593 (2001) Brief Fact Summary. When Langerman (Defendant) was sued for legal malpractice by Paradigm Insurance Company (Plaintiff) which had hired him to defend one of its insureds, Defendant argued there was no express agreement that he also represented Plaintiff, and therefore, there was no attorney-client relationship existing between him and Plaintiff on which Plaintiff could base its suit. Synopsis of Rule of Law. An express agreement is not required for an attorney-client relationship to be formed. ...
Fassihi v. Sommers, Schwartz, Silver, Schwartz and Tyler, P.C.
CitationFassihi v. Sommers, Schwartz, Silver, Schwartz & Tyler, P. C., 309 N.W.2d 645, 107 Mich. App. 509, 1981 Mich. App. LEXIS 3085 (Mich. Ct. App. July 7, 1981) Brief Fact Summary. Fassihi (Plaintiff) was a 50 percent shareholder whose membership in a closely held medical corporation was terminated, prompting the suit he filed against the corporation’s law firm for breach of fiduciary, legal, and ethical duties and for fraud. Synopsis of Rule of Law. A law firm of a closely held corporation may owe a fiduciary duty to a 50 percent shareholder, even though it generally represe ...
Fickett v. Superior Court of Pima County
CitationFickett v. Superior Court, 558 P.2d 988, 1976 Ariz. App. LEXIS 719, 27 Ariz. App. 793 (Ariz. Ct. App. 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 ...
Yablonski v. United Mine Workers of America
CitationYablonski v. United Mine Workers, 448 F.2d 1175, 1971 U.S. App. LEXIS 8818, 145 U.S. App. D.C. 252, 77 L.R.R.M. 2921, 65 Lab. Cas. (CCH) P11,880 (D.C. Cir. July 21, 1971) Brief Fact Summary. After Yablonski (Plaintiff) and other members (Plaintiff) of the United Mine Workers of America (UMWA) (Defendant) brought an action against the UMWA (Defendant), they moved to disqualify the Defendant’s outside counsel, on the grounds of conflict of interest, from representing the Defendant after the firm withdrew as counsel for three of its highest officers Synopsis of Rule of Law. Whe ...
In re Grand Jury Subpoena
CitationIn re Grand Jury Subpoena, 274 F.3d 563, 2001 U.S. App. LEXIS 24064, 51 Fed. R. Serv. 3d (Callaghan) 936 (1st Cir. Mass. Nov. 8, 2001) Brief Fact Summary. Based on a private joint defense agreement, officers and outside counsel of a closely held corporation claim individual privilege in communications involving the corporation in their corporate capacities. Synopsis of Rule of Law. Individual officers in a corporation, in their corporate capacities, may not claim individual attorney-client and work product privileges in communications with corporate counsel regarding the corporati ...
Securities Investor Protection Corp. (SIPC) v. Vigman
CitationSecurities Investor Protection Corp. v. Vigman, 587 F. Supp. 1358, 1984 U.S. Dist. LEXIS 16266, Fed. Sec. L. Rep. (CCH) P91,549 (C.D. Cal. May 30, 1984) Brief Fact Summary. Boltz and Hartman, counsel of record for Securities Investor Protection Corp. (SIPC) (Plaintiff), had participated in similar proceedings against one of the defendants in this matter while they were employed as attorneys by the SEC, and so Vigman (Defendant) and the others sought to disqualify Boltz and Hartman Synopsis of Rule of Law. An attorney may accept private employment in a matter in which he had substa ...
Nemours Foundation v. Gilbane
CitationNemours Foundation v. Gilbane, Aetna, Federal Ins. Co., 632 F. Supp. 418, 1986 U.S. Dist. LEXIS 27530 (D. Del. Mar. 27, 1986) Brief Fact Summary. Nemours (Plaintiff) moved to have both the attorney and the law firm currently employing him disqualified from further representation in this case because one of the attorneys working for defense counsel had been employed in the past by a law firm representing a co-party of Nemours Foundation (Plaintiff) Synopsis of Rule of Law. An attorney may not represent a client whose interests are materially adverse to that of a former client where ...
Brennan’s Inc. v. Brennan’s Restaurants, Inc.
CitationBrennan’s, Inc. v. Brennan’s Restaurants, Inc., 590 F.2d 168, 1979 U.S. App. LEXIS 16631 (5th Cir. La. Feb. 26, 1979) Brief Fact Summary. A lawsuit followed when the Brennan family split ownership of their businesses between two family groups in which each group claimed ownership of the registered trademarks, and Brennan’s, Inc. (Plaintiff) sought to disqualify the attorney who had represented all the family corporations Synopsis of Rule of Law. A former client seeking to disqualify an attorney appearing on behalf of his adversary need only show that the matters ...
State v. Callahan
CitationState v. Callahan, 652 P.2d 708, 232 Kan. 136, 1982 Kan. LEXIS 340 (Kan. Oct. 22, 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 obtained after fully discl ...
Cuyler v. Sullivan
CitationCuyler v. Sullivan, 446 U.S. 335, 100 S. Ct. 1708, 64 L. Ed. 2d 333, 1980 U.S. LEXIS 96 (U.S. May 12, 1980) Brief Fact Summary. Sullivan (Defendant) was convicted of murder and then was granted habeas corpus by the court when it found the possibility of conflict in his representation Synopsis of Rule of Law. Where a defendant does not raise an objection to multiple representation at trial, the mere potential of a conflict of interest in representation is not enough to invalidate a conviction. ...
Fiandaca v. Cunningham
CitationFiandaca v. Cunningham, 827 F.2d 825, 1987 U.S. App. LEXIS 11259, 8 Fed. R. Serv. 3d (Callaghan) 858 (1st Cir. N.H. Aug. 25, 1987) Brief Fact Summary. A settlement offer made by the State of New Hampshire (Defendant) to a class of plaintiffs was contrary to the interest of another client of the offeree’s attorney. Synopsis of Rule of Law. An attorney may not represent two clients when a settlement offer made to one is contrary to the interests of the other ...
Balla v. Gambro, Inc.
CitationBalla v. Gambro, Inc., 584 N.E.2d 104, 145 Ill. 2d 492, 1991 Ill. LEXIS 125, 164 Ill. Dec. 892, 16 A.L.R.5th 1000, 7 I.E.R. Cas. (BNA) 1 (Ill. Dec. 19, 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 retali ...
Meyerhofer v. Empire Fire and Marine Ins. Co.
CitationMeyerhofer v. Empire Fire & Marine Ins. Co., 497 F.2d 1190, 1974 U.S. App. LEXIS 8192 (2d Cir. N.Y. June 10, 1974) Brief Fact Summary. After attorney Goldberg (Defendant) was charged with making materially false and misleading statements in connection with a registration statement related to a public offering by Empire Fire and Marine Ins. Co. (Empire) (Defendant), he gave investor Meyerhofer’s (Plaintiff) counsel a copy of an affidavit containing confidential information received from Goldberg’s (Defendant) former client, Empire (Defendant) Synopsis of Rule of Law. ...
In re Columbia/HCA Healthcare Corp. Billing Practices Litigation
CitationTenn. Laborers Health & Welfare Fund v. Columbia/Hca Healthcare Corp. (in Re Columbia/Hca Healthcare Corp. Billing Practices Litig.), 293 F.3d 289, 2002 U.S. App. LEXIS 10969, 2002 FED App. 0201P (6th Cir.), 53 Fed. R. Serv. 3d (Callaghan) 789 (6th Cir. Tenn. June 10, 2002) Brief Fact Summary. When the district court held that Columbia/HCA (Defendant) had waived any attorney-client privilege associated with documents that it had voluntarily disclosed to the Department of Justice during an investigation, Columbia/HCA (Defendant) argued that it had only selectively waived its priv ...