CitationWal-Mart Stores v. Samara Bros., 529 U.S. 205, 120 S. Ct. 1339, 146 L. Ed. 2d 182, 2000 U.S. LEXIS 2197, 54 U.S.P.Q.2D (BNA) 1065, 68 U.S.L.W. 4217, 2000 Cal. Daily Op. Service 2270, 2000 Daily Journal DAR 3057, 2000 Colo. J. C.A.R. 1481, 13 Fla. L. Weekly Fed. S 195 (U.S. Mar. 22, 2000) Brief Fact Summary. Under the trademark Act of 1946, Samara Brothers, Inc. (Plaintiff) brought suit against Wal-Mart Stores, Inc. (Defendant) for, among other causes of action, infringement of an unregistered trade dress design. Synopsis of Rule of Law. Under § 43(a) of the Lanham Act, w ...
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Lamparello v. Falwell
CitationLamparello v. Falwell, 420 F.3d 309, 2005 U.S. App. LEXIS 18156, 76 U.S.P.Q.2D (BNA) 1024 (4th Cir. Va. Aug. 24, 2005) Brief Fact Summary. Lamparello (Plaintiff) argued that his gripe website, www.fallwell.com, aimed at criticizing the views of Reverend Jerry Falwell (Reverend Falwell) (Defendant), an outspoken, nationally known minister, did not infringe on Defendant’s trademarks; did not constitute false designation of origin; and did not constitute illegal cybersquatting. Synopsis of Rule of Law. (1) A gripe website, the domain name of which contains an almost identical spel ...
Viacom Int’l, Inc. v. YouTube
Brief Fact Summary. Viacom International, Inc. (Viacom) and other copyright holders (collectively, “plaintiffs”) (Plaintiff) alleged direct and secondary copyright infringement based on the public performance, display, and reproduction of about 79,000 audiovisual “clips” shown on the YouTube (Defendant) website, an online video sharing service. The plaintiffs (Plaintiff) argued that YouTube (Defendant) was not entitled to safe harbor protection under the Digital Millennium Copyright Act (DMCA) for airing the clips because, as plaintiffs (Plaintiff) claimed, YouTube (Def ...
Nadel v. Play-by-Play Toys & Novelties, Inc
CitationNadel v. Play-By-Play Toys & Novelties, Inc., 208 F.3d 368, 2000 U.S. App. LEXIS 5122, 54 U.S.P.Q.2D (BNA) 1810 (2d Cir. N.Y. Mar. 27, 2000) Brief Fact Summary. Nadel (Plaintiff), a toy idea person, sued Play-by-Play Toys & Novelties, Inc. (Defendant), a toy manufacturer, for taking its toy idea without paying compensation. Synopsis of Rule of Law. Showing genuine novelty or invention can sustain claims for breach of contract, quasi-contract, and unfair competition. ...
ProCD, Inc. v. Zeidenberg
CitationProCD, Inc. v. Zeidenberg, 86 F.3d 1447, 1996 U.S. App. LEXIS 14951, 39 U.S.P.Q.2D (BNA) 1161, Copy. L. Rep. (CCH) P27,529, 29 U.C.C. Rep. Serv. 2d (Callaghan) 1109 (7th Cir. Wis. June 20, 1996) Brief Fact Summary. ProCD, Inc. (Plaintiff) sued Zeidenberg (Defendant) for violation of a shrink-wrapped license included inside its CD-ROM database. Synopsis of Rule of Law. Shrink-wrap licenses are enforceable unless their terms are objectionable on grounds that apply to contracts in general. ...
Lindy Pen Company, Inc. v. Big Pen Corporation
CitationLindy Pen Co. v. Bic Pen Corp., 982 F.2d 1400, 1993 U.S. App. LEXIS 345, 25 U.S.P.Q.2D (BNA) 1570, 93 Cal. Daily Op. Service 309, 93 Daily Journal DAR 673 (9th Cir. Cal. Jan. 14, 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 pre ...
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 ...
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 ...
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. ...
Upjohn v. United States
CitationUpjohn Co. v. United States, 449 U.S. 383, 101 S. Ct. 677, 66 L. Ed. 2d 584, 1981 U.S. LEXIS 56, 49 U.S.L.W. 4093, 81-1 U.S. Tax Cas. (CCH) P9138, 1980-81 Trade Cas. (CCH) P63,797, Fed. Sec. L. Rep. (CCH) P97,817, 47 A.F.T.R.2d (RIA) 523, 30 Fed. R. Serv. 2d (Callaghan) 1101 (U.S. Jan. 13, 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’ ...
In re Refco, Inc. Securities Litigation
CitationIn re Refco, Inc. Secs. Litig., 609 F. Supp. 2d 304, 2009 U.S. Dist. LEXIS 21505 (S.D.N.Y. Mar. 17, 2009) Brief Fact Summary. Law firm helped client commit securities fraud by helping to hide fraudulent transactions. Synopsis of Rule of Law. Under federal law, there is no private right of action for victims of securities fraud against those who participated in a fraud, whether to a limited or great extent, that is executed by others. ...
In re American Continental Corp./Lincoln Savings and Loan Securities Litigation (Jones Day)
CitationIn re American Continental Corp./Lincoln Sav. & Loan Sec. Litig., 794 F. Supp. 1424, 1992 U.S. Dist. LEXIS 9354, Fed. Sec. L. Rep. (CCH) P97,005 (D. Ariz. June 15, 1992) Brief Fact Summary. Because of its activities on behalf of American Continental Corp. (ACC) (Defendant) and Lincoln (Defendant), the law firm of Jones Day (Defendant) was named as a defendant in four of the five separate actions that were filed following Lincoln Savings and Loan’s (Defendant) failure Synopsis of Rule of Law. Reckless conduct is the highly unreasonable omission involving an extreme depart ...
Strickland v. Washington
CitationStrickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674, 1984 U.S. LEXIS 79, 52 U.S.L.W. 4565 (U.S. May 14, 1984) Brief Fact Summary. Washington (Plaintiff) was sentenced to death for his involvement in three brutal stabbing murders, and then sought collateral relief, claiming ineffective assistance of counsel at his sentencing hearing Synopsis of Rule of Law. In order to reverse a conviction or death sentence because of ineffective assistance of counsel, a defendant has to demonstrate the deficiency of counsel’s performance and that the deficiency prejudic ...
Basic Inc. v Levinson
CitationBasic Inc. v. Levinson, 485 U.S. 224, 108 S. Ct. 978, 99 L. Ed. 2d 194, 1988 U.S. LEXIS 1197, 56 U.S.L.W. 4232, Fed. Sec. L. Rep. (CCH) P93,645, 24 Fed. R. Evid. Serv. (Callaghan) 961, 10 Fed. R. Serv. 3d (Callaghan) 308 (U.S. Mar. 7, 1988) Brief Fact Summary. Levinson (Plaintiff), representing a class of shareholders, brought an action against Basic, Inc. (Defendant) and its directors, claiming they violated § 10(b) of the Securities and Exchange Act by issuing three public statements that were false and misleading. Synopsis of Rule of Law. If a public statement issu ...
Sinclair Oil Corp. v. Levien
CitationSinclair Oil Corp. v. Levien, 280 A.2d 717, 1971 Del. LEXIS 225 (Del. 1971) Brief Fact Summary. Levien (Plaintiff), a minority stockholder in Sinven, accused Sinclair (Defendant), the parent company, of using Sinven assets to finance its operations. Synopsis of Rule of Law. The intrinsic fairness test will be applied in a case where a parent company controls all transactions of a subsidiary, receives a benefit at the expense of the subsidiary’s minority stockholders, which places the burden on the parent company to prove the transactions were based on reasonable business ob ...
Brehm v. Eisner
CitationBrehm v. Eisner (In re Walt Disney Co. Derivative Litig.), 906 A.2d 27, 2006 Del. LEXIS 307, 37 Employee Benefits Cas. (BNA) 2756 (Del. June 8, 2006) Brief Fact Summary. Brehm (Plaintiff) sued Eisner (Defendant) for approving an employment agreement and subsequent non-fault termination of Disney’s president, Ovitz. Synopsis of Rule of Law. A complaint that is mostly conclusory does not meet the rules required for a stockholder to pursue a derivative remedy. ...
Stone v. Ritter
CitationStone v. Ritter, 911 A.2d 362, 2006 Del. LEXIS 597 (Del. Nov. 6, 2006) Brief Fact Summary. Shareholders (Plaintiff) brought a derivative action against AmSouth Bancorporation (AmSouth) directors (Defendant) contending that demand was excused because the Defendant breached their oversight duty. Allegedly, the breach caused approximately $50 million in penalties the corporation was required to pay as a consequence of its employees’ failure to file specific reports required by federal banking regulations. Synopsis of Rule of Law. When specified fa ...
J.I. Case Co. v. Borak
CitationJ. I. Case Co. v. Borak, 377 U.S. 426, 84 S. Ct. 1555, 12 L. Ed. 2d 423, 1964 U.S. LEXIS 2352 (U.S. June 8, 1964) Brief Fact Summary. Borak (P), a shareholder of J.I. Case Co. (D), sought private relief arguing that shareholders approved a merger with another corporation with proxy statements that violated federal securities laws. Synopsis of Rule of Law. The court is free to design an appropriate remedy, and a private civil action will lie, when a federal securities act has been violated, but no private right of action is specifically authorized or prohibited. ...
Shaughnessy v. Eidsmo
Citation222 Minn. 141, 23 N.W.2d 362, 166 A.L.R. 435 (Supreme Court of Minnesota, 1946) Brief Fact Summary. Individual 1 contracted to lease a piece of real property from individual 2 for a one-year period, with an option to buy at the end of the year. Individual 1 attempted to exercise the option, but individual 2 refused to draw up the requisite paperwork. Synopsis of Rule of Law. "[A]cts of taking possession and of making part payment, when they are performed under or in reliance upon the oral contract as to be unequivocally referable to the vendor-vendee relationship and not r ...
Yarbro v. Neil B. McGinnis Equipment Co.
Citation101 Ariz. 378, 420 P.2d 163 Brief Fact Summary. Party 1 purchased a used tractor from party 2. Party 1 failed to make various payments for the tractor and party 3 orally agreed to make many of these payments. Synopsis of Rule of Law. "[W]here the leading object of a person promising to pay the debt of another is actually to protect his own interest, such promise if supported by sufficient consideration, is valid, even though it be oral." ...
Speelman v. Pascal
Citation10 N.Y.2d 313, 222 N.Y.S.2d 324, 178 N.E.2d 723 Brief Fact Summary. A theater producer assigned to his Executive Secretary certain sums of money yet to be earned from a movie and play he was working on. Synopsis of Rule of Law. An assignment is enforceable even though at the time the assignment is made there is no "presently enforcible or even existing chose in action but merely a possibility that there would be such a chose of action". ...
Erickson v. Grande Ronde Lumber Co.
Citation162 Or. 556, 94 P.2d 139 (Or. 1939) Brief Fact Summary. Party 1 was the creditor of Party 2. Party 3 agreed to pay Party 2's debts. Synopsis of Rule of Law. "A creditor beneficiary who has an enforceable claim against the promisee can get judgment against either the promisee or the promisor or against each of them on their respective duties to him. Satisfaction in while or in part of either of these duties, or of judgments thereon, satisfies to that extent the other duty or judgment." ...