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Our Documents via Download service makes ordering court documents quick and easy. Just indicate the documents you wish to order on the Order Form and fax or mail back to us. Within 24 hours of receipt of your order, you will receive an email from us with links to the requested documents. For any questions, please contact us.

SPECIAL DOWNLOAD:

Harry Potter & the Order of the Court:
The J.K. Rowling Copyright Case and the Question of Fair Use.
Discusses fair use as it relates to the J.K. Rowling case and in terms of the broader application the doctrine, offering many specific examples as to what likely does, and does not, constitute fair use. Includes Rowling's dramatic trial testimony. For attorneys, journalists, writers and bloggers. Published Dec 2008. PDF format, 206 pages. $15.95.

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Case Filings Library (Documents in Recently-Filed Cases, Available by Download)

Case Filings Library follows-up on a selected few of the new cases reported on in Case Filings Alert several months after the case was first noted in Alert and provides the complaint and defendant's answer or memorandum supporting motion to dismiss (or related memorandum), available for download. These basic documents (in PDF format) give you the issues involved in the case and attorneys for both sides. Please scroll down to view the cases.

The cost is $12.50 per case. You do not need to be an Alert subscriber to utilize this service.

New cases are added to Case Filings Library at the beginning of each month (last updated January 09).

To receive list of new cases added each month on a complimentary basis via email, click here.

For more comprehensive coverage of new cases, within days of their actual filing, see Case Filings Alert.

Cases given below are listed in the order in which they were added to the library, the most recently added listed first. The date given after the case summary is the date of original filing. Enclosed in brackets are court documents included in each case download.

ANTITRUST / UNFAIR TRADE
CIVIL RIGHTS / CONSTITUTION
CONSUMER FRAUD
ENVIRONMENT
INTELLECTUAL PROPERTY
LABOR / EQUAL EMPLOYMENT
PRODUCTS LIABILITY

ANTITRUST / UNFAIR TRADE Return to Top

[AT-17] Sanofi-Aventis Accused of Restraint of Trade
Sanofi-Aventis abuses its "Lovenox" monopoly in injectable anticoagulant drugs to restrain trade, a competitor claims in antitrust complaint filed in federal court in Trention, NJ. Eisai Inc. v. Sanofi-Aventis et al. U.S. District Court for New Jersey, August 18, 2008. [complaint; motion to dismiss]

[AT-16] Time Warner Cable Accused of Illegal Tying Arrangement
Time Warner Cable abuses its monopoly on cable service in Kansas through an illegal tying arrangement that forces premium-channel customers to rent a cable box from Time Warner rather than buy a box from the manufacturer of their choice, an antitrust class-action claims in federal court in Kansas City, KS. Meeds v. Time Warner Inc. et al. U.S. District Court for Kansas, August 12, 2008. [complaint; motion to stay]

[AT-15] Liberty League Is a Pyramid Scheme, Suit Alleges
A class-action filed in Los Angeles federal court under the Racketeer Influenced & Corrupt Practices Act claims Liberty League International reaps tens of thousands of dollars from customers by promising them six-figure incomes in less than a year, but the only success stories are the sales the pyramid scheme makes selling its programs and seminars. Huff et al v. Liberty League International LLC et al. U.S. District Court for Central California, July 25, 2008. [complaint; motion to compel arbitration]

[AT-14] Lawsuit Claims Attempt to Monopolize Drug Flonase
SmithKlineBeecham strengthened its monopoly by trying to keep generic versions of the allergy drug Flonase off the market, according to complaint filed in Philadelphia federal court. Painters District Council v. SmithKline Beecham Corp. U.S. District Court for Eastern Pennsylvania, July 29, 2008. [complaint; defendant's pre-trial memo]

[AT-13] Law Firm Accused of Running "Collection Mill"
A class-action filed under the Racketeer Influenced & Corrupt Practices Act in Miami federal court accuses Orlando (FL) law office Palmer, Reifler & Associates of extorting money through a computerized system that sends more than 1 million threats of lawsuits a year to people suspected of shoplifting. Kelly v. Palmer, Reifler & Associates. U.S. District Court for Southern District of Florida, June 26, 2008. [amended complaint; motion to dismiss]

[AT-12] Auto Auction Services Faces Antitrust Suit
Auto Auction Services Corp. conspired with other action houses to restrict competition by demanding outrageous fees of $6.5 million for access to its Auto IMS electronic inventory system, plaintiff claims in San Francisco federal court. Copart Inc. v. Auto Auction Services Corp. U.S. District Court for Northern California, July 14, 2008. [complaint; motion to dismiss]

[AT-11] Price Fixing Alleged in Dog Breeding
The American Mastiff Breeders Council (American Mastiff is a recognized purebred dog) conspired to fix prices on puppies and restrict competition, and punished those who objected, a breeder claims in Las Vegas federal court. Williamson v. American Mastiff Breeders Council et al. U.S. District Court for District of Nevada, June 17, 2008. [complaint; motion to dismiss]

[AT-10] Toy Maker Accused of Unlawful Tying Arrangements
An antitrust class-action filed in San Francisco federal court accuses Ganz USA of abusing its market power in "Webkinz" toys ( which come with codes that let kids play online games featuring their toy) by refusing to sell the toys to retailers unless they buy at least $1,000 of other Ganz products that have nothing to do with the Webinkz toys. Nuts for Candy v. Ganz Inc. et al. U.S. District Court for Northern California, June 9, 2008. [complaint; motion to dismiss]

[AT-9] Video Game Maker Accused of Restraint of Trade
Video game maker Electronic Arts has driven competing makers of video football games out of business by illegal, exclusive arrangements with the NFL, the Arena Football League and the NCAA, according to federal antitrust class-action filed in San Francisco federal court. Pecover et al v. Electronic Arts Inc. U.S. District Court for Northern California, June 5, 2008. [complaint; motion to dismiss]

[AT-8] Amazon Accused of Monopoly in Print on Demand Books
Amazon.com violates antitrust law by demanding that all print-on-demand (POD) publishers who sell through its website use BookSurge, a company that Amazon bought in 2005 for POD publishing. Filed in Bangor, ME. Booklocker.com Inc. v. Amazon.com Inc. U.S. District Court for Maine, May 19, 2008. [complaint; motion to dismiss]

[AT-7] Stryker Orthopedics Kickbacks Restrain Trade, Suit Alleges
Stryker Orthopedics and Howmedica Osteonics Corp. are accused of conspiring to mask kickbacks paid to doctors and hospitals that use their hip and knee replacement devices, in class- action antitrust claim in San Jose federal court. Somerville v. Stryker Orthopedics et al. U.S. District Court for Northern California, May 13, 2008. [complaint; motion to dismiss]

[AT-6] Eli Lilly Accused of Fraud and Racketeering
The State of Connecticut, in a lawsuit filed In Brooklyn federal court under the Racketeer Influenced & Corrupt Practices Act, accuses Eli Lilly & Co. of fraudulent activity in boosting the number of prescriptions for antipsychotic drug Zyprexa, and pushing it for off-label uses. Connecticut v. Eli Lilly & Co. U.S. District Court for Eastern New York, March 6, 2008. [complaint; answer]

[AT-5] UPS Accused of Unlawful Insurance Charges
Plaintiffs claim in class-action filed in federal court in Tulsa, OK, that United Parcel Services abuses its market power to illegally tie insurance on packages worth up to $100 with delivery services, and to charge customers for insurance whether they want it or not. Thermal Technologies Inc. v. United Parcel Service Inc. U.S. District Court for Northern Oklahoma, February 22, 2008. [complaint; motion to dismiss]

[AT-4] Athletic Trainers Allege Restraint of Trade
In an antitrust action filed in Dallas federal court, the 30,000-member National Athletic Trainers' Association claims the 71,000-member American Physical Therapy Association conspires to abuse monopoly power and restrain trade in the "manual therapy" market. National Athletic Trainers' Assoc. v. American Physical Therapy Assoc.et al. U.S. District Court for Northern Texas, February 1, 2008. [complaint; answer]

[AT-3] Class Action Involving Hewlett-Packard Printer Cartridges
In a class action filed in Boston federal court, plaintiff alleges that Hewlett-Packard has paid Staples $100 million since December 2006 to refuse to sell HP-compatible printing cartridges made by anyone but Hewlett-Packard, including Staples' own competing cartridges. Bedi v. Hewlett-Packard Co. et al. U.S. District Court for Massachusetts, December 16, 2007. [complaint; motion to dismiss]

[AT-2] Car Rental Firms in Price Fixing Suit
A class-action antitrust complaint filed in San Diego federal court accuses major car rental firms, including Hertz, Dollar Thrifty Automotive Group, Avis Budget Group and others, of fixing prices on rental cars at California airports. Shames v. Hertz Corp. et al. U.S. District Court for Southern California, November 14, 2007. [complaint; motion to dismiss]

[AT-1] Girl Scouts Accused of Anti-Competitive Practices
A federal suit filed in Manhattan, NY, accuses the Girl Scouts of America of conspiring with Digital products Inc. to structure a bid for photocopy equipment, cutting out plaintiff MDM Business Technologies Group. MDM Business Technologies Group v. Girl Scouts of the United States of America et al. U.S. District Court for Southern New York, August 23, 2007. [complaint; motion to dismiss]

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CIVIL RIGHTS / CONSTITUTION Return to Top

[Civ-14] Allegation of Unlawful Strip Searches
Maricopa County (AZ), through its Sheriff's Office, unconstitutionally strip searches everyone it arrests, a class- action claims in Phoenix federal court. Land v. County of Maricopa. U.S. District Court for Arizona, August 22, 2008. [complaint; answer]

[Civ-13] Employee Claims Right to Refuse Polygraph
Washington Mutual Bank violated the Employee Polygraph Protection Act by firing an employee for refusing to take a lie-detector test, the former employee claims in Atlanta federal court. Cummings v. Washington Mutual. U.S. District Court for Northern Georgia, July 24, 2008. [complaint; answer]

[Civ-12] Anti-abortion Group Sues Wayne State University
An anti-abortion group of students claims the Wayne State University Student Council unconstitutionally denied their club funding and facilities. Filed in Detroit federal court. Wayne State University Students for Life et al v. Driker et al. U.S. District Court for Eastern Michigan, July 23, 2008. [complaint; answer]

[Civ-11] Suit Challenges Constitutionality of FISA Amendments
Thirteen groups, including Amnesty International and Human Rights Watch, have filed suit in New York federal court challenging the constitutionality of the Foreign Intelligence Surveillance Act Amendments on the basis that it "eviscerates the clear legal standards" that Congress established in 1978 to keep the government from having "virtually unregulated authority" to monitor U.S. citizens' international communication. Amnesty International USA et al v. McConnell, Director of National Intelligence, et al. U.S. District Court for Southern New York, July 10, 2008. [complaint; motion for summary judgment; opposition to motion]

[Civ-10] Attorney Sues DOJ Over Job Denials Based on Ideology
In Washington, DC, federal court, plaintiff has filed a class-action in which he seeks damages on behalf of top-ranked law school graduates whom the Department of Justice allegedly refused to hire for political reasons, as documented by recent DOJ Inspector General's report. Gerlich v. U.S. Department of Justice. U.S. District Court for District of Columbia, June 30, 2008. [amended complaint; motion to dismiss]

[Civ-9] NRA Challenges Chicago Handgun Law
Responding to U.S. Supreme Court decision striking down District of Columbia's handgun ordinance (DC v. Heller), the National Rifle Association sued the City of Chicago and the Villages of Morton Grove and Oak Park, claiming the municipalities unconstitutionally violate people's right to own handguns. Filed in Chicago federal court. NRA et al v. City of Chicago et al. U.S. District Court for Northern Illinois, June 27, 2008. [complaint; answer]

[Civ-8] Boy Scouts Sue Philadelphia over Gay Policy
A Boy Scouts chapter has sued the City of Philadelphia, claiming the city is attempting to remove the chapter from city-owned rental space because of the Boy Scouts policy of refusing to admit gays. Cradle of Liberty Council Inc. et al v. City of Philadelphia. U.S. District Court for Eastern Pennsylvania, May 23, 2008. [complaint; answer]

[Civ-7] White Parents Claim Magnet School Bias
In Atlanta federal court, parents of a white student claim DeKalb County School District unconstitutionally discriminates against white kids in its admissions policies for the Kittredge Magnet School, for 4th to 6th graders. Prelutsky et al v. DeKalb County School District et al. U.S. District Court for Northern Georgia, April 29, 2008. [amended complaint; answer]

[Civ-6] Deaf Attorney Sues Kentucky
A deaf attorney says the Commonwealth of Kentucky and its Chief Justice Joseph Lambert violate the Americans with Disability Act by refusing to provide sign language interpreters during her court appearances. Mosier v. Commonwealth of Kentucky. U.S. District Court for Eastern Kentucky, April 21, 2008. [complaint; answer]

[Civ-5] White Student Sues University for Race Discrimination
A white woman who graduated in the top 12 percent of her high school class claims the University of Texas at Austin racially discriminated by rejecting her application while accepting black and Hispanic applicants with lower grades and test scores. Filed in federal court in Austin, TX. Fisher v. State of Texas et al. U.S. District Court for Western Texas, April 7, 2008. [amended complaint; answer]

[Civ-4] Texas Low-Income Program Promotes Segregation, Suit Alleges
In an action filed in Dallas federal court, plaintiff claims that the Texas Department of Housing knows that its Low Income Housing Tax Credit program perpetuates racial segregation in Dallas and other big cities in Texas but refuses to change it and continues to exclude minorities from higher opportunity, predominantly white or non-minority areas. Inclusive Communities Project Inc. v. Texas Department of Housing & Community Affairs et al. U.S. District Court for Northern Texas, March 28, 2008. [complaint; motion to dismiss]

[Civ-3] Woman Sues Public Gulf Club for Discrimination
Elaine Joyce, a champion amateur golfer, has sued the Town of Dennis in Boston federal court for refusing to allow her to play in a "mens only" tournament held on the municipal golf course. Joyce v. Town of Dennis et al. U.S. District Court for Massachusetts, February 15, 2008. [complaint; motion to dismiss]

[Civ-2] Student Claims Face Book Entry Resulted in Expulsion
In Atlanta federal court, a student at Valdosta State University claims the university and its President Ronald Zaccari unconstitutionally expelled him on the grounds that he was a "clear and present danger" to the campus because he posted a Web page on Facebook.com to protest the environmental impact of a proposed parking garage planned for the university. Barnes v. Zaccari et al. U.S. District Court for Northern Georgia, January 9, 2008. [complaint; motion to dismiss]

[Civ-1] Disney World Accused of Discrimination by Banning Segways
Three mobility-impaired people claim Walt Disney World discriminates against them by barring use the Segways at Disney parks. Case filed in Orlando federal court. Ault et al v. Walt Disney World Co. U.S. District Court for Middle Florida, November 9, 2007. [complaint; motion to dismiss]

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CONSUMER FRAUD Return to Top

[CF-24] Apple iPhone
Apple computer advertised its iPhone 3G model as "twice as fast for half the price" of the previous model, but the phone's Internet connection is slower than advertised and is plagued with dropped calls, according to class-action filed in Birmingham federal court. Smith v. Apple Inc. U.S. District Court for Northern Alabama, August 19, 2008. [amended complaint; motion to dismiss]

[CF-23] Facebook Beacon Program
Facebook violated consumers' privacy by disseminating information about their Internet purchases to "user friends" through its Facebook Beacon program, according to class-action filed in San Jose, CA. Lane et al v. Facebook Inc. et al. U.S. District Court for Northern California, August 12, 2008. [complaint; motion to dismiss]

[CF-22] Reunion.com Email
In San Francisco federal court, a class-action claims Reunion.com violates the Can-Spam Act and falsely advertises by sending emails with misleading subject lines that falsely claim that some third party "wants to connect with you." Hoang v. Reunion.com. U.S. District Court for Northern California, July 23, 2008. [amended complaint; motion to dismiss]

[CF-21] Sharp Electronics Projector
Plaintiff claims in class-action filed in Newark federal court that the lamp on Sharp Electronics' DLP Projector dies and/or explodes long before the 2,000 to 3,000 hours promised in Sharp's ads. Glenz v. Sharp Electronics Corp. U.S. District Court for New Jersey, July 21, 2008. [complaint; answer]

[CF-20] Google Adwords
A class-action filed in San Jose federal court claims Google overcharges customers of its AdWords program (where paid ads appear beside search results) by charging them for ads placed on "low quality parked domain and error page Web sites." Levitte v. Google Inc. U.S. District Court for Northern California, July 11, 2008. [complaint; answer]

[CF-19] T-Mobile Rebates
In Chicago federal court, class-action claims that T-Mobile USA and Young America Corp. defraud customers by offering rebates on purchases of cell phones and service plans, but delivering only a VISA rebate card with less than cash value and numerous use restrictions. Rocke v. T-Mobile USA et al. U.S. District Court for Northern Illinois, July 3, 2008. [complaint; motion to dismiss]

[CF-18] Herbal Product Gourdin
Plaintiff claims that defendants market "Gourdin"as an all natural herbal product for treatment of diabetes when in fact the U.S. Food & Drug Administration has no information that the product is recognized as safe and effective. Vogelsang v. Plantation Herbals et al. U.S. District Court for Eastern California, June 24, 2008. [complaint; motion to dismiss]

[CF-17] XM Subscriber Renewals
In Manhattan federal court, a class-action accuses XM Satellite Radio of illegally renewing subscribers' contracts without proper notice. Vaccariello v. XM Satellite Radio Inc. U.S. District Court for Southern New York, June 11, 2008. [complaint; motion to dismiss]

[CF-16] Chili's Calorie Count
In Dallas federal court, class-action accuses Chili's Bar & Grill and others of deceiving customers by undercounting the fat and calories in their food. Paskett v. Brinker International Inc. et al. U.S. District Court for Northern Texas, June 4, 2008. [complaint; answer; motion to abate]

[CF-15] Blue Cross Cancer Coverage
A class-action filed in San Francisco federal court claims Blue Cross and Blue Shield refuses to cover noninvasive surgery for metastatic cancerous lung tumors by wrongfully defining the procedure as "investigational" and not "medically necessary," though the FDA has approved it. Cady v. Anthem Blue Cross Life & Health Insurance Co. et al. U.S. District Court for Northern California, June 2, 2008. [complaint; motion to dismiss]

[CF-14] BOA Fiduciary Accounts
Bank of America abuses its fiduciary accounts to enrich itself at customers' expense, through unnecessary "double dipping' fees," according to class-action filed in Manhattan federal court. Martinez v. Bank of America et al. U.S. District Court for Southern New York, May 29, 2008. [complaint; motion to dismiss]

[CF-13] Jewelry TV
A class-action filed in San Diego federal court claims Jewelry Television cheats the public by selling gemstones falsely advertised as all natural, expensive gems when in fact they are just "low-cost yellow or colorless labradorite that have been given a chemical facelift." Weed v. America's Collectibles Network Inc d/b/a Jewelry Television. U.S. District Court for Southern California, May 23, 2008. [complaint; motion to dismiss]

[CF-12] State Farm Subrogation Payments
State Farm illegally retains policyholders' subrogation payments for rental car expenses, according to class-action filed in Los Angeles federal court. Chandler v. State Farm Mutual Automobile Insurance Co. et al. U.S. District Court for Central California, May 14, 2008. [complaint; motion to dismiss]

[CF-11] T-Mobile Text Messages
T-Mobile USA defrauds customers by charging them for unsolicited text messages and refusing to allow them to disable text messaging on their cell phones, a class action claims in Seattle federal court. Calloway v. T-Mobile USA Inc. U.S. District Court for Western Washington, May 9, 2008. [complaint; answer]

[CF-10] Zimmer Knee Replacements
Zimmer Inc. defrauded patients and Medicare with a kickback scheme to induce purchase of their knee and hip replacement devices, a class-action claims in Manhattan federal court. Thorpe et al v. Zimmer Inc. et al. U.S. District Court for Southern New York, April 24, 2008. [complaint; answer]

[CF-9] Logitech Universal Remote
Logitech sold its Harmony 1000 Advanced Universal Remote through false claims for it, according to class-action filed in San Francisco federal court. Fulford v. Logitech Inc. U.S. District Court for Northern California, #08-cv-02041-JCS, April 18, 2008. [amended complaint; motion to dismiss]

[CF-8] Bankers Life Elderly Care
Plaintiffs allege in class-action filed in Seattle federal court that Bankers Life and Casualty Co. breached contract and took millions of dollars in bad faith for long-term convalescent care policies, while concealing the inevitability of rate hikes that force policy-holders to let their policies lapse "when they need coverage the most." Taylor et al v. Bankers Life & Casualty Co. U.S. District Court for Western District of Washington, March 19, 2007. [complaint; motion to dismiss]

[CF-7] T-Mobile Upgrade Fee
In class action filed in San Diego federal court, plaintiff claims that T-Mobile USA charges customers an $18 "upgrade fee" for new wireless phones, without disclosing it until the next bill comes. Martinet v. T-Mobile USA Inc. U.S. District Court for Southern California, February 27, 2008. [complaint; answer]

[CF-6] Domain Name Registration
A class-action filed in Los Angeles federal court claims that Network Solutions fraudulently traps consumers into paying grossly inflated domain name registration fees by buying up domain names that consumers intend to register, thus making the domains unavailable through other registrars. McElroy v. Network Solutions LLC et al. U.S. District Court for Central California, February 25, 2008. [amended complaint; motion to dismiss]

[CF-5] Nissan Odometers
A class-action filed in Nashville federal court accuses Nissan North America of tampering with odometers to inflate mileage and reduce warranty periods. Harken v. Nissan North America Inc. U.S. District Court for Middle Tennessee, January 30, 2008. [complaint; motion to dismiss]

[CF-4] Dannon Yogurt
Plaintiff claims in a class-action filed in Los Angeles federal court that Dannon illegally and falsely advertises that its yogurt is "scientifically proven" to provide consumers with health benefits that other yogurt products cannot. Gemelas v. The Dannon Co. U.S. District Court for Central California, January 23, 2008. [complaint; answer]

[CF-3] Best Buy Price Match
Best Buy fails to deliver on its "price match guarantee," to match any local competitor's prices and refund the difference plus 10% if a Best Buy customer has already bought the item, according to class-action filed in Manhattan federal court. Jermyn v. Best Buy Co. U.S. District Court for New York, January 10, 2008. [amended complaint; answer]

[CF-2] Pension Plan Fraud
In Dallas federal court, a class-action accuses Indianapolis Life Insurance Co. and other life insurance firms of selling policies that plaintiffs used to fund defined-benefit pension plans but which the IRS investigated as abusive tax shelters. Berry et al v. Indianapolis Life Insurance Co. et al. U.S. District Court for Northern District of Texas, February 12, 2008. [amended complaint; motion to dismiss]

[CF-1] DirectTV Receivers
DirecTV fraudulently "sells" TV receivers through Costco, Best Buy, Circuit City and other national retailers to customers who find out only after purchase that they have not bought the receivers, but only "leased" them, and must pay monthly fees, a class-action claims in Los Angeles federal court. Masters v. DirectTV Inc. et al. U.S. District Court for Central California, February 8, 2008. [complaint; motion to dismiss]

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ENVIRONMENT Return to Top

[E-8] U.S. Is Despoiling Protected Desert, Environmental Group Says
The Bureau of Land Management illegally allows livestock grazing on the Sonoran Desert National Monument, ruining the desert soil, plants, wildlife and historical resources on the almost 500,000 acres of federally-protected land, the Western Watersheds Project claims in federal court in Phoenix, AZ. Western Watersheds Project v. Bureau of Land Management. U.S. District Court for Arizona, August 4, 2008. [amended complaint; motion to dismiss]

[E-7] Suit To Block Oil Drilling
The Bureau of Land Management will violate environmental laws by permitting oil and gas drilling on 73,000 acres of the Roan Plateau Planning Area in west center Colorado, 20,000 acres of which the BLM recognizes as "potential wilderness," environmental groups claim in Denver federal court. Colorado Environmental Coalition et al v. Kempthorne, Bureau of Land Management, et al. U.S. District Court for Colorado, July 11, 2008. [complaint; answer]

[E-6] Polar Bear Hunters Sue Government
In Washington, DC, federal court, Safari Club International has sued the Secretary of Interior, claim that Interior's listing of polar bears on the endangered species list violates plaintiffs'' right to import "sport-hunted polar bear trophies" from Canada, under the Marine Mammal Protection Act. Safari Club International et al v. Kempthorne, Sec. of Interior, et al. U.S. District Court for District of Columbia, May 23, 2008. [complaint; answer]

[E-5] Homeland Security Sued over Fish Virus
In Minneapolis federal court, environmental groups demand a court order to force the Department of Homeland Security and Coast Guard to enforce orders they already have to prevent boats from introducing ballast water contaminated by the deadly fish virus, hemorrhagic septicemia, into Lake Superior. Save Lake Superior Association et al v. Chertoff, Secretary of Homeland Security, et al. U.S. District Court for Minnesota, April 29, 2008. [complaint; answer]

[E-4] Agency Refuses to Protect Lynx, Suit Allges
The U.S. Fish and Wildlife Service illegally failed to act on requests to protect the threatened lynx in north central New Mexico, several environmental groups claim in DC federal court. Wildearth Guardians et al v. Carson Forest Watch. U.S. District Court for District of Columbia, April 17, 2008. [complaint; answer]

[E-3] Sierra Club Seeks to Halt Coal-Fired Plant
Duke Energy and Cinergy operate their polluting, coal- and oil-fired Edwardsport Generating Station without permits, without the best available technology, and without meeting emissions standards, the Sierra Club claims in Indianapolis federal court. Sierra Club v. Duke Energy Indiana Inc. et al. U.S. District Court for Southern Indiana, April 3, 2008. [complaint; motion to dismiss]

[E-2] EPA Said to Fail to Act on Hazardous Waste
The U.S. Environmental Protection Agency is 25 years late on publishing "financial assurance" regulations to reduce the risk of improperly disposed of hazardous substances, the Sierra Club claims in San Francisco federal court. Sierra Club et al v. Johnson, Adm'r of Environmental Protection Agency, et al. U.S. District Court for Northern California, March 12, 2008. [complaint; motion to dismiss]

[E-1] Environmental Group Says L.A. County Pollutes Coast
The Natural Resources Defense Council claims in Los Angeles federal court that the County of Los Angeles and its Flood Control District continue to contaminate the ocean and coastal waterways with bacteria, viruses, human feces and other toxins from its inadequate sewage treatment and storm runoff systems. NRDC v. Los Angeles County et al. U.S. District Court for Central California, March 3, 2008. [complaint; answer]

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INTELLECTUAL PROPERTY Return to Top

[IP-25] Trademark Suit re "Game Stop"
Plaintiff claims in Philadelphia federal court that defendant is operating a copycat Internet-based "Game Stop" retail store, selling exact line of products for which plaintiff is known. Gamestop Inc. v. Game Stop Inc. et al. U.S. District Court for Eastern Pennsylvania, August 22, 2008. [complaint; motion to dismiss]

[IP-24] Stamps.com Said to Violate Patents
PSI Systems claims in Los Angeles federal court that Stamps.com violates three of its patents on postage, mail handling and databases. PSI Inc. v. Stamps.com Inc. U.S. District Court for Central California, August 8, 2008. [complaint; answer]

[IP-23] Paul Simon Sues Watch Company
Paul Simon demands $5 million from Rhythm Watch Co., claiming it marketed clocks and watches with his tune "Bridge Over Troubled Water" without his permission. Filed in Manhattan federal court. Paul Simon Music v. Rhythm USA Inc. et al. U.S. District Court for Southern New York, July 18, 2008. [amended complaint; motion to dismiss]

[IP-22] Lawsuit Claims Patent Violation re Baseball Chest Protector
Everything Baseball claims Wilson Sporting Goods, Adidas, Reebok and others violate its patented chest protector with flexible shoulder guards. Filed in Chicago federal court. Everything Baseball Ltd. v. Wilson Sporting Goods Co. et al. U.S. District Court for Northern Illinois, July 8, 2008. [complaint; answer]

[IP-21] Writer Claims TV Show Is Based on His Screenplay
In Los Angeles federal court, plaintiff claims NBC based its show, "My Name Is Earl," on his screenplay, "Karma," which involved turning bad karma into good karma by righting past wrong/making amends. Gable v. National Broadcasting Co. et al. U.S. District Court for Central California, June 18, 2008. [amended complaint; answer]

[IP-20] Penguin Alleged to Copy Author's Work
Plaintiff claims that Penguin Group twice rejected his novel, "Gold of the Khan," which he copyrighted in 2003, and then published Clive Cussler's novel, "Gold of the Khan," in 2006, which was based upon his work. Filed in federal court in Honolulu. Doody v. Penguin Groups (USA) Inc. U.S. District Court for Hawaii, June 12, 2008. [complaint; answer]

[IP-19] eBay Said to Violate Auction Patent
Transauction claims eBay and others including Overstock.com and uBid.com violate its patented method of conducting Internet auctions. Filed in federal court in Marshall, TX. Transauction v. Bidz.com. U.S. District Court for Eastern Texas, June 6, 2008. [complaint; answer]

[IP-18] Trademark Suit over "Moscow Cats Theatre"
Russian circus legend Yuri Kuklachev, who performs worldwide, claims his ex-managers stole his secrets for training cats to perform and secretly tried to register his trademark, "Moscow Cats Theatre." Kuklachev et al v. Gelfman et al. U.S. District Court for Eastern New York, June 2, 2008. [complaint; answer]

[IP-17] Entrepreneur Magazine Claims it Owns "Entrepreneur of the Year"
Entrepreneur magazine sued Ernst & Young in Los Angeles federal court, claiming Ernst & Young has no right to claim ownership of the phrase "Entrepreneur of the Year," because it is in fact generic and E&Y's trademark is unenforceable. Entrepreneur Media Inc. v. Eygn Ernst & Young et al. U.S. District Court for Central California, June 2, 2008. [complaint; answer]

[IP-16] Lawsuit Says Paramount Unlawfully Sold Dance Scene
Movie director and choreographer Stanley Donen has sued Paramount Pictures and The Gap, claiming Paramount unlawfully sold a famous dance scene of his from the Audrey Hepburn movie "Funny Face" to Gap who is using it in TV commercials to sell women's pants. Filed in Los Angeles federal court. Donen v. Paramount Pictures et al. U.S. District Court for Central California, May 22, 2008. [amended complaint; answer]

[IP-15] Patent Action re Baby Diapers
In Dallas federal court, Kimberly-Clark claims Valor Brands' and Mabesa's "Dry Babies" and "Natural Choice" diapers violate its patents. Kimberly-Clark Worldwide Inc. v. Valor Brands et al. U.S. District Court for Northern Texas, May 21, 2008. [complaint; answer]

[IP-14] NBC Stole Idea for "Trading Places," Suit Alleges
Plaintiff claims NBC swiped the idea for its "Trading Places" TV show from her copyrighted proposed show, "Parenting Your Parent." Filed in federal court in Norfolk, VA. Tessler v. National Broadcasting Corp. U.S. District Court for Eastern Virginia, May 20, 2008. [complaint; motion to dismiss]

[IP-13] Animator Says Dreamworks Stole Story
Plaintiff, who in 1999 created and copyrighted the animated story "Animal's Night Out," about four animals who escape from the Central Park Zoo and have adventures, claims Dreamworks Animation stole the story for its 2005 movie, "Madagascar," in which four animals escape from the Central Park Zoo and have adventures Filed in federal court in West Palm Beach, FL. Davis v. Dreamsworks Animation Inc. U.S. District Court for Southern Florida, May 13, 2008. [amended complaint; answer]

[IP-12] "Rat Pack" Trademark Infringement Suit
TRP Entertainment claims it owns the "Rat Pack" trademark, which B.C. Entertainment continues to violate, and even tried to register as their own. Filed in Las Vegas federal court. TRP Entertainment et al v. B.C. Entertainment Inc. et al. U.S. District Court for Nevada, May 5, 2008. [complaint; answer]

[IP-11] Disney Claims Unlawful Reproductions
Disney Enterprises has sued Kool Klown Party People for trademark infringement in Orlando federal court, claiming Kool Klowns sells entertainment for children's parties using unauthorized reproductions of Disney characters. Disney Enterprises Inc. v. Kool Klown Party People Inc. et al. U.S. District Court for Middle Florida, May 5, 2008. [complaint; answer]

[IP-10] Procter & Gamble Claims Violation of Tooth-Whitening Patents
Procter & Gamble claims Johnson & Johnson and McNeil violate its tooth-whitening patents. Filed in federal court in Madison, WI. Procter & Gamble Co. v. Johnson & Johnson et al. U.S. District Court for Western Wisconsin, #08-cv-00251-bbc, May 2, 2008. [complaint; answer]

[IP-9] Trademark Action re Competing "Cookie Diets"
In Los Angeles federal court, Scientific Weight Loss claims it owns the "Cookie Diet" trademark, and its franchisors have usurped this trademark with a competing Cookie Diet which, unlike the plaintiff's, is not medically supervised. Scientific Weight Loss et al v. U.S. Medical Care Holdings et al. U.S. District Court for Central California, May 1, 2008. [complaint; motion to dismiss]

[IP-8] U.S. Ring Binder Challenges Staples "Better Binder"
In St. Louis federal court, U.S. Ring Binder claims that Staples' "Better Binder" series violates patent on its classic ring binder, a "ring binder with low-profile ring metal." U.S. Ring Binder v. Staples. U.S. District Court for Eastern Missouri, #08-cv-00583-TCM, April 25, 2008. [complaint; answer]

[IP-7] Copyright Infringement Alleged re film used in "Charlie Wilson's War"
The reporter, known as the "Scud Stud" during 1991 Gulf War has sued the makers of "Charlie Wilson's War" over footage used in the movie that stars Tom Hanks and Julia Roberts. Filed in Los Angeles federal court. Kent v. Universal Studios Inc. et al. U.S. District Court for Central California, April 24, 2008. [amended complaint; motion to dismiss]

[IP-6] Inventor Says Toyota Stole His Invention
An inventor says Toyota is knowingly violating his patent on a computerized control system in its Prius, Camry and Highlander hybrid cars. Filed in Seattle federal court. Gardner v. Toyota Motor Co. et al. U.S. District Court for Western Washington, April 23, 2008. [amended complaint; answer]

[IP-5] Subway Accused of Violating Godzilla Trademark
The Subway sandwich franchise violates the Godzilla trademark in its new national TV commercials that show the monster attacking a Japanese city, then endorsing the "$5 footlong" sandwich "by spreading his hands a foot apart," trademark-holder Toho claims in Los Angeles federal court. Toho Co. v. Doctor's Associates Inc. d/b/a Subway, et al. U.S. District Court for Central California, #08-cv-02511-GPS, April 16, 2008. Toho Co. v. Doctor's Associates Inc. et al. U.S. District Court for Central California, April 16, 2008. [complaint; answer]

[IP-4] Publishers Sue Over Digital Reading Matter
Three publishers -- Cambridge University Press, Oxford University Press and Sage Publications -- have sued Georgia State University, contending that the school is violating copyright laws by providing course material to students in digital format without seeking permission from the publishers or paying licensing fees. Filed in Atlanta federal court. Cambridge University Press et al v. Patton et al. U.S. District Court for Northern Georgia, April 5, 2008. [complaint; answer]

[IP-3] Lawsuit re "Bill Me Later" Trademark
In Baltimore federal court, Bill Me Later claims MODASolutions Corp. violates its "Bill Me Later" trademark for a service by which people can buy merchandise from third-party Internet sellers without a credit card, by using the mark, "eBillMe." Bill Me Later Inc. v. MODASolutions Corp. U.S. District Court for Maryland, April 9, 2008. [complaint; answer]

[IP-2] Rodale Claims Trademark Infringement
Rodale has sued U.S. Preventive Medicine Inc. in federal court in Sherman, TX, seeking to protect its "Prevention" (magazine) trademarks, which defendant is using on TV and the Internet, including "The Prevention Channel." Rodale Inc. v. U.S. Preventative Medicine Inc. U.S. District Court for Eastern Texas, April 4, 2008. [amended complaint; answer]

[IP-1] Woody Allen Claims Image Misappropriation
In Manhattan federal court, Woody Allen claims American Apparel misappropriated his image for clothing ads on the Internet and on billboards. Allen v. American Apparel Inc. U.S. District Court for Southern New York, March 31, 2008. [complaint; answer]

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[L-9] DEA Said To Set Age Cap for Agents
Plaintiffs, aspiring agents for the Drug Enforcement Administration, claim the agency maintains an illegal age ceiling that blocks investigators over the age of 37 from becoming special agents and receiving higher pay, according to complaint filed in Detroit federal court. Barnhill et al v. U.S. Attorney General. U.S. District Court for Eastern Michigan, July 30, 2008. [amended complaint; motion to dismiss]

[L-8] Lawsuit Says Wal-Mart Discriminates on Basis of National Origin
Plaintiff who is an Arab claims that Wal-Mart fired him after he complained to the company of employment discrimination and of having to endure a hostile work environment. Subh v. Wal-Mart Stores Inc. et al. Filed in federal court in Wilmington, DE. U.S. District Court for Delaware, July 7, 2008. [complaint; answer]

[L-8] Female Basketball Referee Sues Association
The International Association of Approved Basketball Officials discriminated against her repeatedly because she is a woman, plaintiff claims in federal court in Trenton, NJ. Covington v. International Association of Approved Basketball Officials et al. U.S. District Court for New Jersey, July 21, 2008. [complaint; answer]

[L-7] Lawsuit Says Wal-Mart Discriminates on Basis of National Origin
Plaintiff who is an Arab claims that Wal-Mart fired him after he complained to the company of employment discrimination and of having to endure a hostile work environment. Subh v. Wal-Mart Stores Inc. et al. Filed in federal court in Wilmington, DE. U.S. District Court for Delaware, July 7, 2008. [complaint; answer]

[L-6] American Idol Producers Sued for Labor Violations
The musicians union has sued the producers of "American Idol," claiming that its members had been underpaid because the show's live music was rerecorded by other musicians for reruns, in violation of collective bargaining agreement. Filed in Los Angeles federal court. American Federation of Musicians, AFL-CIO v. American Idol Productions Inc. et al. U.S. District Court for Central California, June 12, 2008. [complaint; answer]

[L-5] Ruth's Chris Steak House Accused of Hiring Illegal Workers
Ruth's Chris Steak House systematically hired undocumented workers and lets them use the Social Security numbers of previous workers, according to class-action filed in federal court in Birmingham, AL. Edwards et al v. Prime Inc. d/b/a Ruth's Chris Steak House et al. U.S. District Court for Northern Alabama, June 6, 2008. [complaint; answer]

[L-4] Woman Coach Says University Discriminated Against Her
Plaintiff, head volleyball coach at the University of Tennessee, claims the university fired her in spite of the fact that she did a better job than male coaches who were not fired. Filed in federal court in Jackson, TN. Draper v. University of Tennessee et al. U.S. District Court for Western Tennessee, May 28, 2008. [complaint; answer; motion to dismiss]

[L-3] Smokejumper Claims Age Discrimination
A 33-year veteran smokejumper (wildland firefighters who parachute from airplanes into burning wildfires) has sued the U.S. Department of Agriculture for age discrimination, claiming the agency fired him unfairly for being 3 seconds too slow in a 1½ mile run, just before he received a heroism award for dragging two people to safety after a plane crash. Filed in federal court in Eugene, OR. Rucker v. Schafer, Sec. of Agriculture. U.S. District Court for Oregon, May 21, 2008. [complaint; answer]

[L-2] Conoco Alleged to Discriminate Against Pregnant Women
Conoco Phillips d/b/a Phillips 66 is firing pregnant women or putting them on unpaid leave, the Equal Employment Opportunity Commission claims in Albuquerque federal court. EEOC v. Conoco Philips. U.S. District Court for New Mexico, May 16, 2008. [amended complaint; answer]

[L-1] Carpal Tunnel Exams Spur Lawsuit
A class-action filed in Memphis federal court accuses Kilgore Co. of violating the Americans with Disabilities Act by giving nerve-conduction exams to job applicants and then refusing to hire people it believes susceptible to carpal tunnel syndrome. Anderson v. Kilgore Co. U.S. District Court for Western Tennessee, April 25, 2008. [complaint; answer]

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[PL-28] Hasbro Easy Bake Oven
A child suffered third-degree burns from using Hasbro's defective, twice-recalled Easy Bake Oven, her mother claims in Detroit federal court. Gervason et al v. Hasbro Inc. U.S. District Court for Eastern Michigan, August 15, 2008. [amended complaint; answer]

[PL-27} Fleet Phospho-Soda
C.B. Fleet Company failed to warn consumers that its saline laxative, Fleet Phospho-Soda, increased the risk of kidney damage, among other harmful side effects, plaintiff claims in Atlanta federal court. Sawyer v. C.B. Fleet Company Inc. U.S. District Court for Northern Georgia, August 6, 2008. [complaint; answer]

[PL-26] Methadone
Survivor action alleging respiratory failure as result of decedent consuming Methadone to treat chronic lower back pain. Filed in Lafayette, IN. Campbell v. Roxane Laboratories Inc. et al. U.S. District Court for Northern Indiana, August 1, 2008 (Removed from Tippecanoe Superior Court). [complaint; answer]

[PL-25] Eczema Drugs
Plaintiff developed testicular cancer from using the topical eczema drugs Elidel and Protopic, manufactured by Novartis and Astellas Pharma, respectively, according to complaint filed in Minneapolis federal court. Angulo v. Novartis Pharmaceuticals Corp. et al. U.S. District Court for Minnesota, July 24, 2008. [complaint; answer]

[PL-24] Saab Engines
In Boston federal court, a class-action claims Saab's four-cylinder multi-valve turbocharged engines fail as result of engine oil sludge, and Saab won't honor its warranty. Angell v. Saab Automobile et al. U.S. District Court for Massachusetts, July 15, 2008. [amended complaint; motion to dismiss]

[PL-23] Hip Replacement
Hip replacement device failed and plaintiff had to undergo reconstructive surgery, according to complaint filed in federal court in Oklahoma City, OK. Fleig et al v. Apex Surgical LLC. U.S. District Court for Western Oklahoma, July 1, 2008. [complaint; answer]

[PL-22] Honda Rancher
In Little Rock federal court, plaintiffs allege that steering rod separated in 2004 Honda TRX Rancher (all-terrain vehicle), causing driver to lose control. Holleman et al v. American Honda motor Co. et al. U.S. District Court for Eastern Arkansas, June 3, 2008. [amended complaint; answer]

[PL-21] Avon Depilatory
Product "Skin So Soft Hands-Free Hair Removal Gel" used as a depilatory by plaintiff got in her eye and caused serious injury, according to complaint filed in federal court in Rock Hill, SC. Caldwell et al v. Avon Products Inc. U.S. District Court for South Carolina, June 20, 2008. [amended complaint; answer]

[PL-20] Mega Brands Toys
In Newark, NJ, federal class-action, plaintiff claims Mega Brands toys have small magnets that children can pull off and swallow, causing potentially fatal intestinal blockage. Berry v. MEGA Brands America Inc. et al. U.S. District Court for New Jersey, April 8, 2008. [amended complaint; motion to dismiss]

[PL-19] Toshiba Laptops
A class-action filed in Los Angeles federal court claims Toshiba sells laptop computers that are improperly designed and not reliable for mobile computing as the hinge assemblies crack, making it impossible to keep the screen upright and causing additional damage to the computer. Atherton et al v. Toshiba America Information et al. U.S. District Court for Central California, March 31, 2008. [amended complaint; answer]

[PL-18] Craftsman Garage Openers
Sears Roebuck sells defective Craftsman garage door openers, according to class-action filed in Newark federal court. Rait v. Sears, Roebuck & Co. et al. U.S. District Court for New Jersey, May 20, 2008. [complaint; answer; motion to dismiss]

[PL-17] Whirlpool Self-Cleaning Oven
Homeowners claim in federal court in Syracuse, NY, that a Whirlpool self-cleaning over caught fire and seriously burned the house. State Farm Fire & Casualty et al v. Whirlpool Corp. et al. U.S. District Court for Northern New York, April 21, 2008. [complaint; answer]

[PL-16] Charite Artificial Disc
After implementation of Charite artificial disc in his lumbar spine for a lumbar disc herniation, plaintiff experienced excruciating pain and disability in his lower back, hips and legs. Filed in Sacramento federal court. Corwin et al v. DePuy Spine Systems Inc. et al. U.S. District Court for Eastern California, June 27, 2008. [complaint; answer]

[PL-15] Ear Candle
A woman claims she lost hearing in one ear and burned an eardrum, because of defective "ear candle" (used in alternative medical procedures such as for removal of ear wax). Filed in Kansas City, KS. Danaher v. Wild Oats Markets Inc. U.S. District Court for Kansas, June 27, 2008. [complaint; answer]

[PL-14] Whirlpool Front-Loading Washers
In Chicago federal court, a class-action claims that several models of Whirlpool front-loading automatic washers contain a design defect that causes the machines to accumulate mold and mildew and produce a moldy odor on clothes washed in the machines. Gardner et al v. Whirlpool Corp. U.S. District Court for Northern Illinois, June 20, 2008. [complaint; motion to dismiss]

[PL-13] Thermos Barbecue
Plaintiff claims that dangerous and defective Thermos Metro gas barbecue, distributed by Target, caused fire to spread out of control. Filed in federal court in Sacramento (removed from Superior Court of California, County of San Joaquin). Mercury Casualty Co. v. Char-Broil et al. U.S. District Court for Eastern California, June 17, 2008. [complaint; answer]

[PL-12] Mitsubishi Paint Coating
Paint on Mitsubishi model 2000-2008 autos peels, fades and becomes discolored, a class-action claims in federal court in Santa Ana, CA. Vizzi v. Mitsubishi Motors North America Inc. U.S. District Court for Central California, #08-cv-00650-JVS-RNB, June 12, 2008. [complaint; answer]

[PL-11] Stryker Pain Pump
A patient claims she developed chondrolysis (cartilage degeneration) at the joint where a Stryker pain pump was attached. Filed in federal court in Tucson, AZ. Benson v. Stryker Corp. U.S. District Court for Arizona, June 12, 2008. [complaint; answer]

[PL-10] Honda Motorcycle
Plaintiff's estate claims in Detroit federal court that he died when his 2002 Honda 954RR motorcycle weaved or wobbled uncontrollably, and that Honda knew of the defect but failed to fix it or recall the bikes. Istvan v. Honda Motor Corp. U.S. District Court for Eastern Michigan, June 11, 2008. [amended complaint; answer]

[PL-9] Thomas & Friends Railway Toy
Plaintiffs allege that 3-year old child contracted lead poisoning from Thomas and Friends railway toy, caused by ingestion of lead paint. Filed in New Orleans federal court. Anderson et al v. RC2 Corp. U.S. District Court for Eastern Louisiana, #08-cv-03672-SSV-ALC, June 9, 2008. [complaint; motion to dismiss]

[PL-8] Toshiba Video Recorders
A class-action filed in Cleveland federal court claims that Toshiba sells D-R550 digital video recorders with defective memory systems that lose data and require constant reprogramming, defects which the company attempted to conceal and refuses to repair. Asp v. Toshiba America Consumer Products. U.S. District Court for Southern Ohio, May 5, 2008. [complaint; motion to dismiss]

[PL-7] GE Microwaves
General Electric has known since 2000 that its JMV Series "Spacemaker" microwave ovens are defective but refuses to repair or replace them, a class action claims in federal court in Hartford, CT. Ramirez v. General Electric Co. U.S. District Court for Connecticut, April 28, 2008. [complaint; motion to dismiss]

[PL-6] "Total Body" Supplement
Excessive selenium in Total Body Essential Nutrition's "Total Body Formula" and/or "Total Body Mega Formula" supplements made plaintiff's hair fall out, discolored their fingernails, made their muscles and joints hurt, blurred their vision and otherwise injured them, according to complaint filed in federal court in Birmingham, AL. Dickens v. Total Body Essential Nutrition Inc. et al. U.S. District Court for Northern Alabama, April 23, 2008. [amended complaint; answer]

[PL-5] Cummings Auto Engines
Cummins makes defective automobile engines whose engine blocks crack, a class action claims in New Orleans federal court. Pardue v. Cummins Inc. et al. U.S. District Court for Eastern Louisiana, April 17, 2008. [complaint; answer]

[PL-4] Gore-Tex Hernia Repair
W.L. Gore & Associates' Gore-Tex Dualmesh Plus hernia repair product caused an infection that killed a woman, her survivors claim in federal court in Rome, GA. Douglas et al v. W.L. Gore & Associates Inc. U.S. District Court for Northern Georgia, April 4, 2008. [complaint; answer]

[PL-3] Antibiotic Drug Levaquin
Plaintiff claims he suffered severe and permanently debilitating tendon injury after use of the drug Levaquin for treatment of bronchitis infection. Neireiter v. Johnson & Johnson et al. U.S. District Court for Minnesota, March 31, 2008. [amended complaint; answer]

PL-2] Sears Washing Machines
Sears Roebuck concealed defects in its front-loading Kenmore washing machines that lead to mold and mildew, according to class-action filed in Chicago federal court. Napoli v. Sears, Roebuck & Co. U.S. District Court for Northern Illinois, March 31, 2008. [amended complaint; motion to dismiss]

[PL-1] Wal-Mart Bicycle
Plaintiff claims he was seriously injured by failure of brakes on bicycle purchased from Wal-Mart. Filed in federal court in Wichita, KS. Burt v. Wal-Mart Stores Inc. U.S. District Court for Kansas, March 31, 2008. [complaint; answer]

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