The California Supreme Court issued the following decision earlier this week:
Travis et al. v. Brand et al., Case No. S268480: Government Code section 91003(a) gives trial courts discretion to award attorney’s fees to “a...more
The California Supreme Court issued the following decision last week:
Yahoo, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, No. S253593. Yahoo!’s insurer, National Union, refused to indemnify Yahoo! in...more
11/28/2022
/ Advertising Injury ,
CA Supreme Court ,
Commercial General Liability Policies ,
Consumer Privacy Rights ,
Duty to Defend ,
Indemnity Claim ,
Insurance Litigation ,
Putative Class Actions ,
TCPA ,
Text Messages ,
Yahoo!
The California Court of Appeal for the Fourth Appellate District issued the following decisions this week:
Golf & Tennis Pro Shop, Inc. v. The Superior Court of Orange County, No. G060852: The Court of Appeal...more
The California Court of Appeal, Fourth District, Division 3, issued the following decision on September 7:
Garg v. Garg, Case No. G061500: This decision serves, perhaps, as both a warning and a consolation to attorneys...more
The California Supreme Court issued the following decisions last week:
Hoffmann v. Young, et al., Case No. S266003: Under Civil Code section 846, landowners generally owe no duty of care to keep their property safe for...more
9/7/2022
/ Anti-SLAPP ,
Appeals ,
CA Supreme Court ,
Cal Code of Civil Procedure ,
Duty of Care ,
Free Speech ,
Offer-in-Compromise ,
Prejudgment Interest ,
Property Owners ,
Protests ,
Public Interest ,
Section 998 ,
Settlement Agreements ,
Visitors
The California Supreme Court issued the following decisions:
Cam-Carson, LLC v. Carson Reclamation Authority, et al., Case No. B312729: Plaintiff, a commercial real estate developer joint venture, sued the City of Carson...more
The California Supreme Court issued the following decisions this week:
Coast Community College Dist. v. Commission on State Mandates, No. S262663: The Supreme Court addressed whether several community college districts...more
The California Supreme Court issued the following decision on Thursday:
Zolly v. City of Oakland, No. S262634: In a case involving the California Constitution’s taxpayer approval requirements for local taxes, the...more
The California Supreme Court issued the following decisions:
County of Butte v. Department of Water Resources, et al., No. S258574: California’s Department of Water Resources (DWR) operates the “Oroville Facilities,” an...more
8/8/2022
/ Americans with Disabilities Act (ADA) ,
CA Supreme Court ,
CEQA ,
Department of Water Resources ,
Disability ,
Environmental Impact Report (EIR) ,
Federal Power Act ,
Licensing Rules ,
Public Schools ,
Unruh Civil Rights Act ,
Utilities Sector ,
Water
We are spotlighting a published California Court of Appeal decision on rehearing for its analysis on contract and fraud claims arising out of a real estate transaction.
The California Court of Appeal, Fourth Appellate...more
Siry Investment, L.P. v. Farkhondehpour, No. S262081: The Supreme Court resolved two issues: whether (1) a party in default has standing to file a motion for a new trial alleging legal error in the calculation of damages, and...more
While not from the California Supreme Court, we are reporting on a decision from the California Court of Appeal because of its importance to myriad COVID-19 insurance coverage actions currently being litigated in California. ...more
Grande v. Eisenhower Medical Center, No. S261247: In this case, a staffing agency arranged for a nurse to work at a hospital. The nurse sued the staffing agency for violating the Labor Code and Unfair Competition Law but did...more
Fly Havana and Fat Joe are heading “All the Way Up” to the Second Circuit for “Another Round.” Earlier this month Fly Havana appealed New York District Court Judge Naomi Reice Buchwald’s conclusion that Fly Havana had...more
2/22/2022
/ Admissible Evidence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Discovery ,
Evidence ,
Motion for Summary Judgment ,
Music ,
Music Industry ,
Musical Sound Recordings ,
Sound Recording Copyrights
We have previously written about the trademark dispute between Vortic - a watchmaker that restores antique pocket watches, and converts them into wrist watches - and the venerated Hamilton Watch Company, which produced its...more
Like me, Judge Otis D. Wright of the Central District of California remembers KOOL. A once leading menthol cigarette label, KOOL brands and its owner ITG Brands, LLC sued Capna Intellectual claiming Capna’s Bloom Brands’ use...more
The Northern District of California concluded last week that Constellation Brands has the exclusive right to use the TO KALON and TO KALON VINEYARD marks on wine, and that The Vineyard House, LLC (TVH) “cannot use the term in...more
Now we wait. The final brief was submitted this past week in connection with an interlocutory appeal to the second circuit of the district court’s denial of a preliminary injunction over use of the WOODSTOCK mark. Potentially...more
I used to love pocket watches. My Wyatt Earp Halloween costume was not complete until I had a gold pocket watch hanging from my black vest. It’s no surprise then that reading the court’s decision on a motion for summary...more
Dorsey’s TMCA team has thoroughly covered the history of the dispute between the USPTO and Booking.com B.V., which started when the Trademark Trial and Appeals Board rejected the BOOKING.COM trademark as generic (covered...more
In three separate opinions, a panel of the Ninth Circuit revived a pro se plaintiff’s claim that defendants’ television series “Empire” infringed upon his copyrighted “treatment” for a television series entitled “King...more
The Ninth Circuit breathed new life, for now, into a trademark infringement suit brought by Eat Right Foods Ltd.’s (“ERF”) against Whole Foods Market, Inc. The district court had granted summary judgment for Whole Foods after...more
A recent decision from the federal court of the Southern District of New York serves as a reminder of the broad rights enjoyed by a joint author under the Copyright Act, including the right to create and license derivative...more
The Sixth Circuit recently issued an opinion in NetJets Inc. v. IntelliJet Group, LLC Inc. (unpublished), holding that where a trademark registration is incontestable, it may not be cancelled on the ground that it was void ab...more
Judge Rakoff is back at it in Classic Liquor Importers, Ltd. v. Spirits International, B.V. We previously blogged about the dangers inherent in sending a cease and desist letter without the concurrent appetite for...more