co Secalt, S.A. v. Wuxi Shenxi Construction Machinery Co., Ltd. By feeds.findlaw.com Published On :: 2012-02-07T08:00:00+00:00 (United States Ninth Circuit) - In a suit claiming that the defendant's traction hoists infringed the trade dress of the plaintiffs' traction hoist, the district court’s grant of summary judgment, its finding of exceptionality, and its award of attorney’s fees under the Lanham Act are affirmed, where the plaintiffs did not present evidence sufficient to create a triable issue as to the nonfunctionality of its claimed trade dress, but the district court's award of non-taxable costs and certain taxable costs is reversed. Full Article Attorney's Fees Construction Intellectual Property Trade Dress
co Belk, Inc. v. Meyer Corp., U.S. By feeds.findlaw.com Published On :: 2012-05-08T08:00:00+00:00 (United States Fourth Circuit) - In litigation over competing lines of high-end cookware in which the appellees claimed trade dress infringement and unfair and deceptive trade practices, the district court's judgment in favor of the appellees is affirmed, where: 1) the appellant's failure to move pursuant to Rule 50(b) forfeited its challenge on appeal to the sufficiency of the evidence; 2) the district court did not abuse its discretion in qualifying an expert or in admitting his testimony and survey; 3) the appellant engaged in unfair and deceptive trade practices as a matter of law; 4) the infringement was not innocent or unintentional, and the unfair and deceptive trade practices statutes covered it; and 5) the trial judge properly treated the award of profits as damages subject to trebling under state statute. Full Article Civil Procedure Commercial Law Evidence Intellectual Property Trade Dress Remedies Sanctions
co Revision Military, Inc. v. Balboa Mfg. Co. By feeds.findlaw.com Published On :: 2012-11-27T08:00:00+00:00 (United States Federal Circuit) - In a suit for infringement of patents directed to a design for protective goggles used by military establishments, law enforcement agencies, hunters and shooters, district court's denial of plaintiff's request for a preliminary injunction is vacated and remanded where the district court erred in applying the Second Circuit's heightened standard of proof of likelihood of success on the merits, instead of the Federal Circuit standard for consideration of whether to impose such relief. Full Article Intellectual Property Patent Trade Dress Remedies
co Apple Inc. v. Samsung Electronics Co., LTD. By feeds.findlaw.com Published On :: 2013-11-18T08:00:00+00:00 (United States Federal Circuit) - The district court's denial of plaintiff's request for a permanent injunction to enjoin defendants' infringement of several of plaintiff's design and utility patents, as well as defendants' dilution of plaintiff's iPhone trade dress is: 1) affirmed in part, as to the denial of injunctive relief with respect to plaintiff's design patents and trade dress; but 2) vacated in part and remanded, as to the denial of injunctive relief with respect to plaintiff's utility patents. Full Article Intellectual Property Patent Trade Dress International Law
co McAirlaids, Inc. v. Kimberly-Clark Corporation By feeds.findlaw.com Published On :: 2014-06-25T08:00:00+00:00 (United States Fourth Circuit) - Summary judgment in favor of defendant in an action for trade-dress infringement and unfair competition under sections 32(1)(a) and 43(a) of the Trademark Act of 1946 (Lanham Act) and Virginia common law, is vacated and remanded, where: 1) plaintiff alleges that defendant used a similar dot pattern on its GoodNites bed mats as plaintiff used on plaintiff's absorbent products; 2) plaintiff has presented sufficient evidence to create a genuine factual question as to whether their selection of a pixel pattern was a purely aesthetic choice among many alternatives; and thus, 3) plaintiff has presented sufficient evidence to raise a genuine issue of material fact regarding the functionality of its pixel pattern. Full Article Injury & Tort Law Intellectual Property Trade Dress
co Apple v. Samsung Electronics Co., Ltd. By feeds.findlaw.com Published On :: 2015-05-18T08:00:00+00:00 (United States Federal Circuit) - In an infringement case involving intellectual property related to the iPhone,a jury verdict finding that Samsung infringed Apple's design and utility patents and diluted Apple's trade dress is: 1) affirmed as to the verdict on the design patent infringement, the validity of two utility patent claims, and the damages for the design and utility patent infringements; and 2) reversed as to the jury's findings that the asserted trade dresses are protectable; and 3) vacated as to the damages awards against the Samsung productsthat were found liable for trade dress dilution. Full Article Intellectual Property Patent Trade Dress
co Evans v. Building Materials Corp. of Am. By feeds.findlaw.com Published On :: 2017-06-05T08:00:00+00:00 (United States Federal Circuit) - In a complaint alleging design-patent infringement under federal law as well as trade-dress infringement and unfair competition under federal and state law, the district court's denial of defendant's motion to stay the action pending arbitration based on the parties' agreement's arbitration provision, is affirmed where defendant's assertion that the arbitration provision covers the claims stated in the complaint is 'wholly groundless,' a standard that defendant accepts as applicable in this case. Full Article Patent Trade Dress Intellectual Property Contracts
co High Point Design, LLC v. LM Insurance Corp. By feeds.findlaw.com Published On :: 2018-12-19T08:00:00+00:00 (United States Second Circuit) - Affirmed that insurance companies had a duty to provide a defense to a footwear wholesaler that was being sued in an intellectual property case for offering for sale certain infringing slippers. The insurance policy covered advertising injuries, and advertising included offering for sale. Full Article Insurance Law Trade Dress
co Stone Basket Innovations, LLC v. Cook Medical, LLC By feeds.findlaw.com Published On :: 2018-06-11T08:00:00+00:00 (United States Federal Circuit) - Affirming a district court order denying a motion for attorney fees following the dismissal of a patent infringement suit with prejudice because attorney fees are only available in exceptional circumstances and the court decision was not an abuse of discretion. Full Article Attorney's Fees Intellectual Property Patent
co WesternGeco LLC v. ION Geophysical Corp. By feeds.findlaw.com Published On :: 2018-06-22T08:00:00+00:00 (United States Supreme Court) - Reversed and remanded. WesternGeco owns a patent for a system to survey the ocean floor and they believed that a competing system owned by ION infringed on their patent. WesternGeco sued. The jury found ION liable and awarded WesternGeco damages including lost profit damages. ION argued that the lost profit damages was not allowed and the appellate court agreed with them. The US Supreme Court disagreed and reversed and remanded the decision stating that lost profits for a domestic patent was permissible under the Patent Act. Full Article Intellectual Property Patent
co Power Integrations v. Fairchild Semiconductor By feeds.findlaw.com Published On :: 2018-07-03T08:00:00+00:00 (United States Federal Circuit) - Affirmed in part and vacated in part where a jury found that defendant had infringed on plaintiff's patents and had awarded damages based on the entire market value rule. The Federal Circuit court affirmed the infringement judgment, but vacated the damages award stating that the entire market value rule could not be used in this case. Full Article Remedies Patent
co Polara Engineering Inc. v. Campbell Co. By feeds.findlaw.com Published On :: 2018-07-10T08:00:00+00:00 (United States Federal Circuit) - Affirmed in part and vacated in part a patent infringement final judgment. Polara, a manufacturer of accessible pedestrian signal systems, filed suit against its competitor Campbell and prevailed after a trial on certain infringement claims. On appeal, the Federal Circuit affirmed the district court's denial of Campbell's JMOL motion but vacated the enhanced damages award and remanded for further proceedings. Full Article Remedies Patent
co Trustees of Boston University v. Everlight Electronics Co., Ltd. By feeds.findlaw.com Published On :: 2018-07-25T08:00:00+00:00 (United States Federal Circuit) - Held that a patent claim relating to light-emitting diodes was invalid because it did not meet the enablement requirement. After a jury found that the defendants had infringed Boston University's patent, the defendants appealed on the ground that the patent was invalid because it did not adequately teach the public how to make and use the invention. Agreeing with this argument, the Federal Circuit held that the defendants were entitled to judgment as a matter of law. Full Article Intellectual Property Patent
co GoPro, Inc. v. Contour IP Holding, LLC By feeds.findlaw.com Published On :: 2018-07-27T08:00:00+00:00 (United States Federal Circuit) - Vacated and remanded the Patent Board's prior ruling against plaintiff which had filed suit to challenge the defendant’s proposed patent. In vacating and remanding, the Appellate court ruled that plaintiff’s printed catalog was prior art and that the defendant’s proposed patent could have been based on information in that catalog and that the trial court had not properly considered the catalog in making its finding. Full Article Intellectual Property Patent
co Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., Ltd. By feeds.findlaw.com Published On :: 2018-08-01T08:00:00+00:00 (United States Federal Circuit) - Reinstated a patent infringement claim relating to a design for a portable animal kennel. The patent owner insisted it should not be estopped by prosecution history from asserting its infringement claim against a competitor. Agreeing that estoppel did not apply, the Federal Circuit reversed the district court's judgment on the pleadings and remanded for further proceedings. Full Article Intellectual Property Patent
co JTEKT Corp. v. GKN Automotive Ltd. By feeds.findlaw.com Published On :: 2018-08-03T08:00:00+00:00 (United States Federal Circuit) - Dismissed an appeal from an inter partes review decision on grounds that the patent challenger lacked Article III standing. The challenger asserted that the patentee's claims for a motor vehicle drivetrain were invalid. On appeal, the Federal Circuit held that the challenger lacked standing because it had not established an actual injury; in particular, it had no product on the market or any concrete plans for future activity that would likely cause the patentee to complain of infringement. Full Article Intellectual Property Patent
co Core Wireless Licensing v. Apple, Inc. By feeds.findlaw.com Published On :: 2018-08-16T08:00:00+00:00 (United States Federal Circuit) - Affirmed in part, reversed in part, and vacated in part. Plaintiff brought a patent infringement action. A jury found that the defendant infringed on both asserted claims and that neither claim was invalid. The Federal Circuit Court of Appeals affirmed some of plaintiff’s infringement claims, but stated that plaintiff’s theory of infringement of other claims was inadequate to support the judgment of infringement and therefore reversed on that claim. Full Article Intellectual Property Patent
co IXI IP, LLC v. Samsung Electronics Co., Ltd. By feeds.findlaw.com Published On :: 2018-09-10T08:00:00+00:00 (United States Federal Circuit) - Affirmed that certain patent claims relating to a wireless networking device were invalid as obvious. The Federal Circuit affirmed the Patent Trial and Appeal Board in an inter partes review proceeding. Full Article Intellectual Property Patent
co Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc. By feeds.findlaw.com Published On :: 2018-09-10T08:00:00+00:00 (United States Federal Circuit) - Affirmed that a pharmaceutical company's patent claims in a multiple sclerosis drug were invalid for obviousness. Several competitors seeking to market a generic version of the same drug raised the issue of obviousness when the company sued them for infringement. In a 2-1 decision, the Federal Circuit affirmed that the patent claims in question were invalid. Full Article Intellectual Property Patent
co ParkerVision, Inc. v. Qualcomm Inc. By feeds.findlaw.com Published On :: 2018-09-13T08:00:00+00:00 (United States Federal Circuit) - Affirmed that some, but not all, claims in a telecommunications patent were unpatentable as obvious. Finding no error, the Federal Circuit affirmed the determinations made in an review. Full Article Intellectual Property Patent
co Soarus LLC v. Bolson Materials International Corp. By feeds.findlaw.com Published On :: 2018-10-01T08:00:00+00:00 (United States Seventh Circuit) - Held that a company did not violate a nondisclosure agreement by including particular information in a patent application for a 3D printing process. Affirmed summary judgment against a breach-of-contract claim brought by the other party to the nondisclosure agreement, a distributor of specialty polymers. Full Article Contracts Trade Secrets Patent
co Xitronix Corp. v. KLA-Tencor Corp. By feeds.findlaw.com Published On :: 2019-02-15T08:00:00+00:00 (United States Fifth Circuit) - The Fifth Circuit transferred a case back to the Federal Circuit, from which it had been transferred. The two circuits disagreed about which one was the proper forum for this appeal, which involved a company's claim that a competitor violated antitrust law by obtaining a patent through fraud. Full Article Antitrust & Trade Regulation Patent
co Matlin v. Spin Master Corp. By feeds.findlaw.com Published On :: 2019-04-22T08:00:00+00:00 (United States Seventh Circuit) - Affirmed the dismissal of a commercial dispute for lack of personal jurisdiction over the defendant companies, which lacked sufficient contacts with Illinois. The case involved an alleged failure to pay royalties to the owners of certain patent rights. Full Article Civil Procedure Patent
co Quidel Corporation v. Super. Ct By feeds.findlaw.com Published On :: 2019-08-29T08:00:00+00:00 (California Court of Appeal) - Granted writ of mandate and directed trial court to vacate order granting summary adjudication motion. The appeals court held that the trial court’s per se application of Business and Professions Code section 16600 to the contract in question was incorrect. Full Article Patent Contracts
co Selective Ins. Co. of Am. v. County of Rensselaer By feeds.findlaw.com Published On :: 2016-02-11T08:00:00+00:00 (Court of Appeals of New York) - In an insurance action, in which defendant refused to pay plaintiff more than a single deductable payment following the defense of a class action and resulting settlement involving the county, the trial court’s grant of summary judgment to plaintiff is affirmed where county’s improper strip searches of arrestees over a four-year period constituted multiple occurrences under the insurance policy and defendant is responsible for paying deductibles to plaintiff with respect to each class member. Full Article Civil Rights Insurance Law Attorney's Fees Contracts
co In re Sand and Stone Corp. By feeds.findlaw.com Published On :: 2016-03-31T08:00:00+00:00 (Court of Appeals of New York) - In an environmental action, challenging a Town Board's positive declaration under the State Environmental Quality Review Act (SEQRA) and requiring a draft environmental impact statement, the trial court's dismissal of the petition is affirmed where the positive declaration is not justiciable and the case not ripe for judicial review. Full Article Environmental Law Property Law & Real Estate
co Chanko v. Am. Broadcasting Companies By feeds.findlaw.com Published On :: 2016-03-31T08:00:00+00:00 (Court of Appeals of New York) - In an injury and tort action, brought against defendants ABC News, a hospital, and attending physician for the nonconsensual filming and subsequent broadcast of decedent's treatment and death at the hospital, the Appellative Division's order is modified and affirmed where: 1) the broadcasting of the footage as part of a documentary series about medical trauma was not so extreme and outrageous as to support an intentional infliction of emotional distress claim; but 2) plaintiffs have stated a cause of action against the hospital and treating physician for breach of physician-patient confidentiality. Full Article Health Law Injury & Tort Law Media Law
co Yaniveth R. v. LTD Realty Co. By feeds.findlaw.com Published On :: 2016-04-05T08:00:00+00:00 (Court of Appeals of New York) - In a personal injury action, arising after plaintiff, a minor child, was exposed to lead at her grandmother's apartment where she was cared for during the day, the Supreme Court's dismissal of the complaint is affirmed where plaintiff child' did not 'reside' at her grandmother's apartment for the purposes of section 27-2013[h][1] of the Administrative Code of the City of NY, which requires landlords to remove lead-based paint in any dwelling in which a child six year of age and under resides. Full Article Injury & Tort Law Entertainment Law Landlord Tenant Law
co Newcomb v. Middle County Central School District By feeds.findlaw.com Published On :: 2016-12-22T08:00:00+00:00 (Court of Appeals of New York) - In a civil action, arising from an auto accident allegedly caused by defendant school district's sign distracting and obstructing passing drivers on a roadway, the trial court's conclusion that plaintiff should not be permitted to serve late notice of a claim is reversed where the trial court abused its discretion in determining that defendant would be substantially prejudiced without any record evidence to support that determination. Full Article Injury & Tort Law Civil Procedure
co Port of Corpus Christi Auth. v. Sherwin Alumina Company By feeds.findlaw.com Published On :: 2019-08-06T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The bankruptcy court's rejection of a Texas Port Authority's claims of sovereign immunity and fraud in their gambit to invalidate a bankruptcy sale that extinguished an easement they held was affirmed because there was no Eleventh Amendment violation or basis to claim fraud. Full Article Bankruptcy Law Constitutional Law
co Wal-Mart Stores, Inc. v. TX Alcohol By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (United States Fifth Circuit) - Partially affirmed, remanded. A Texas ban on public corporations obtaining package store permits did not violate Equal Protection rights, but the district court erred in finding a discriminatory nature and burden imposed by the public corporation ban. Full Article Constitutional Law Government Law Civil Procedure
co Cole v. Hunter By feeds.findlaw.com Published On :: 2019-08-20T08:00:00+00:00 (United States Fifth Circuit) - Partially affirmed, partially reversed. The court determined that a jury, not judges, will resolve competing factual narratives relating to an excessive force claim that will determine whether qualified immunity applies. Full Article Constitutional Law Civil Procedure Evidence
co Assn. for L.A. Deputy Sheriffs v. Superior Court By feeds.findlaw.com Published On :: 2019-08-26T08:00:00+00:00 (Supreme Court of California) - A prosecutor in a criminal case has a duty to disclose to the defense information that they personally know and information that they can learn about that is favorable to the accused. This obligation to disclose even includes restricted information about law enforcement officers. A law enforcement agency may disclose to the prosecution identifying information about an office and relevant exonerating or impeaching material in a confidential personnel file. Full Article Constitutional Law Criminal Law & Procedure
co Common Cause Indiana v. Lawson By feeds.findlaw.com Published On :: 2019-08-27T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. Injunctions against the state preventing it from implementing a plan to purge voter rolls based on third party information rather than directly contacting voters was affirmed because plaintiff organizations established standing and the decision was not an abuse of discretion. Full Article Constitutional Law Civil Procedure
co Bay Point Properties, Inc. v. MS Transportation Co. By feeds.findlaw.com Published On :: 2019-08-27T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The district court properly dismissed a suit brought by a man whose state court award in a Takings Clause suit against state officials was unsatisfying to him. The State was entitled to sovereign immunity. Full Article Civil Procedure Constitutional Law
co Collins v. Thurmond By feeds.findlaw.com Published On :: 2019-08-28T08:00:00+00:00 (California Court of Appeal) - Affirmed in part. Reversed in part. Plaintiffs sued a number of defendants that included both local and state entities for causes of action alleging racial discrimination in disciplinary actions at a local high school. The appeals court affirmed the dismissal of most of Plaintiffs claims against state-level defendant because such claims cannot be brought against them. The appeals court did find that Plaintiffs have a cause of action under the equal protection clause of the California Constitution and they had standing to pursue the claims. Full Article Civil Rights Constitutional Law Education Law
co Wilson v. Cook County By feeds.findlaw.com Published On :: 2019-08-29T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The district court properly dismissed complaint by Cook County residents raising Second Amendment claims challenging a ban on assault rifles because the issue had already been addressed by the court. Full Article Civil Procedure Constitutional Law
co National Collegiate Athletic Association v. Governor of the State of New Jersey By feeds.findlaw.com Published On :: 2015-08-25T08:00:00+00:00 (United States Third Circuit) - In a case to determine whether SB 2460, which the New Jersey Legislature enacted in 2014 (2014 Law) to partially repeal certain prohibitions on sports gambling, violates federal law the district court's judgment that the 2014 Law violates the Professional and Amateur Sports Protection Act (PASPA), 28 U.S.C. sections 3701-3704, is affirmed where PASPA, but its terms, prohibits states from authorizing by law sports gambling, and the 2014 Law does exactly that. Full Article Constitutional Law Gaming Law Sports Law
co In re: NFL Players Concussion Injury Litigation By feeds.findlaw.com Published On :: 2016-04-18T08:00:00+00:00 (United States Third Circuit) - In a class action suit against the National Football League (NFL), brought by former players who alleged that the NFL failed to inform them of and protect them from the risks of concussions in football, the District Court's judgment is affirmed where the District Court was right to certify the class and approve the settlement. Full Article Class Actions Sports Law Injury & Tort Law
co National Football League Management Council v. National Football League Players Association By feeds.findlaw.com Published On :: 2016-04-25T08:00:00+00:00 (United States Second Circuit) - In a dispute arising out of the alleged improper use of deflated footballs by professional football athlete Tom Brady, the District Court's vacation of the NFL Commissioner's award confirming the discipline of Brady, based upon the court's finding of fundamental unfairness and lack of notice, is reversed where: 1) the Commissioner properly exercised his broad discretion under the collective bargaining agreement; and 2) his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness. Full Article Labor & Employment Law Sports Law Dispute Resolution & Arbitration
co National Collegiate Athletic Association v. Governor of the State of New Jersey By feeds.findlaw.com Published On :: 2016-08-09T08:00:00+00:00 (United States Third Circuit) - In an appeal to determine where whether SB 2460, which the New Jersey Legislature enacted in 2014 to partially repeal certain prohibitions on sports gambling, violates federal law, the District Court's holding that the 2014 Law violates the Professional and Amateur Sports Protection Act (PASPA), 28 U.S.C. sections 3701-3704, is affirmed where PASPA by its terms, prohibits states from authorizing by law sports gambling, and the 2014 Law does exactly that. Full Article Gaming Law Sports Law Government Law
co Mission Bay Alliance v. Office of Community Investment and Infrastructure By feeds.findlaw.com Published On :: 2016-11-29T08:00:00+00:00 (California Court of Appeal) - In an appeal from the trial court's denial of two consolidated petitions to set aside the certification of the environmental impact report and related permits for the construction of an arena to house the Golden State Warriors basketball team, as well as other events, and the construction of adjacent facilities, in the Mission Bay South redevelopment plan area of San Francisco, the trial court's judgment is affirmed where there is no merit to plaintiffs' objections to the sufficiency of the city's environmental analysis and its approval of the proposed project. Full Article Sports Law Environmental Law Government Law
co Riddell Inc. v. Ace American Insurance Company By feeds.findlaw.com Published On :: 2017-08-23T08:00:00+00:00 (California Court of Appeal) - In a case involving helmets worn by professional football players the manufacturers of the helmets were being sued by multiple parties, so the manufacturer sued their insurers for indemnity. The insurers wanted to continue in extended discovery and demanded logs of documents withheld during prior discovery, but the court held that a stay of discover is appropriate, while the manufacturer must also provide privilege logs, reversing the trial court's decision as to the stay and affirming its order as to the privilege logs. Full Article Civil Procedure Sports Law
co Los Angeles Lakers Inc. v. Federal Insurance Company By feeds.findlaw.com Published On :: 2017-08-23T08:00:00+00:00 (United States Ninth Circuit) - Affirming the district court dismissal of an action brought under diversity jurisdiction by the LA Lakers against an insurer when it denied coverage and declined to defend them in a lawsuit alleging violations of the Telephone Consumer Protection Act because the court agreed that the lawsuit was an invasion of privacy suit that was specifically excluded from coverage. Full Article Contracts Sports Law Communications Law Insurance Law
co Tripplett v. Workers' Compensation Appeals Bd. By feeds.findlaw.com Published On :: 2018-07-24T08:00:00+00:00 (California Court of Appeal) - Affirmed the denial of a former professional football player's claim for workers' compensation benefits as former defensive tackle, Larry Tripplett, sought workers' compensation for cumulative injuries he suffered during his playing career. He argued that he was eligible for benefits in California, but the Fourth Appellate District disagreed, finding that he was ineligible because he was outside the state when he signed his employment contract with the Indianapolis Colts. Full Article Sports Law Workers' Compensation
co Anselmo v. Grossmont-Cuyamaca Community College District By feeds.findlaw.com Published On :: 2018-08-03T08:00:00+00:00 (California Court of Appeal) - Reversed the dismissal of a suit filed by a student athlete volleyball player against a community college after she was injured during a tournament game when she dove into the sand and her knee struck a rock. The community college argued that it was protected by an immunity covering field trips and excursions, as set forth in section 55220 of title 5 of the California Code of Regulations. Rejecting this argument, the Fourth Appellate District held that this provision did not apply to an injury suffered by a member of a visiting team during an intercollegiate athletic event. The panel therefore reversed an order granting a demurrer and remanded. Full Article Education Law Sports Law Injury & Tort Law
co Hornish Joint Living Trust v. King County By feeds.findlaw.com Published On :: 2018-08-03T08:00:00+00:00 (United States Ninth Circuit) - Affirmed summary judgment against private landowners in a dispute regarding the boundaries of a hiking and biking trail built along the path of an old railroad easement. The landowners, whose properties abutted the rail corridor, sued the county government to challenge the nature, scope, and width of the corridor covered by the easement. The county counterclaimed asking the court to quiet title. On appeal, the Ninth Circuit agreed that the county was entitled to prevail. Full Article Property Law & Real Estate Sports Law Government Law
co Hass v. RhodyCo Productions By feeds.findlaw.com Published On :: 2018-08-13T08:00:00+00:00 (California Court of Appeal) - Held that the organizer of a half-marathon race potentially could be liable for the cardiac-arrest death of one of the runners. Surviving family members of the runner alleged that the race organizer was negligent or grossly negligent with respect to the provision of emergency medical services. Affirming in part and reversing in part, the First Appellate District held that summary judgment was not warranted based on primary assumption of the risk and that a triable issue of material fact existed regarding gross negligence. Full Article Sports Law Injury & Tort Law
co Jabo v. YMCA of San Diego County By feeds.findlaw.com Published On :: 2018-09-28T08:00:00+00:00 (California Court of Appeal) - Affirmed on summary judgment that a YMCA was not liable for negligence in the death of a man who died of sudden cardiac arrest after playing soccer on a YMCA-owned field that was rented to a nonmember league. Held that the YMCA had no common-law duty of care to provide hands-on usage of an automatic external defibrillator on the facts here. Full Article Sports Law Injury & Tort Law
co Durnford v. MusclePharm Corp. By feeds.findlaw.com Published On :: 2018-10-12T08:00:00+00:00 (United States Ninth Circuit) - Reinstated a consumer's proposed class action lawsuit against a manufacturer of nutritional supplements. Held that the federal Food, Drug, and Cosmetic Act did not preempt the consumer's California law claims that the company made false or misleading statements about the source of the protein in one of its muscle-building products. Reversed dismissal and remanded for further proceedings. Full Article Sports Law Consumer Protection Law