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These news items and case summaries are a service provided by FindLaw. Picadio Sneath Miller & Norton, P.C. does not endorse any service or product advertised or discussed in any of these items.

Business

[07/02] Asian stocks lackluster as traders eye US job data

Intellectual Property

[06/19] Jury rules against Minn. woman in download case

Insurance

[07/02] Battle of the Sexes Boosts Kwik Fit Insurance Sales

Environment

[07/01] Protection sought again for giant, spitting worms

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Case Summaries

Intellectual Property

[07/02] Marshak v. Treadwell
In an action related to a trademark dispute involving the singing group "The Drifters," district court judgment is affirmed in part and reversed and remanded in part where: 1) the court did not err in issuing contempt findings against the plaintiffs as they reassembled plaintiff's business under different names in order to evade the injunction issued by the district court judge; 2) the court erred in holding co-plaintiff Revels in contempt, as defendant never actually moved for him to be held in contempt, and he thus never obtained notice and a separate hearing; and 3) the court properly awarded defendant attorney's fees, but abused its discretion in refusing to impose any remedy other than attorney's fees, as plaintiff continued to evade the injunction and infringe the trademark. The matter is remanded for an order of accounting of plaintiff's profits.

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Insurance Law

[07/02] Clarendon National Ins. Co. v. United Fire & Casualty Co.
In an action brought to determine the priority of coverage between certain insurance policies, district court judgment is affirmed where: 1) defendant's demand for plaintiff to be involved in the defense of anticipated suits by injured parties is enough to create an actual controversy and give plaintiff the right to bring a declaratory judgment action to determine priority of coverage; and 2) the court did not err in determining that defendant's policy provided primary coverage for the accident and that its umbrella policy would also be triggered before the policy issued by plaintiff came into play.

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Environmental Law

[06/22] US v. Missouri Industrial Energy Consumers
In a dispute involving enforcement of the Clean Water Act, district court's judgment against defendant is affirmed where: 1) the court did not err in finding defendant did not have standing to intervene in an action to enforce the Clean Water Act against the Metropolitan St. Louis Sewer District, as defendant did not adequately allege that it would suffer a concrete and particularized injury, nor did it establish that its injury was fairly traceable to the challenged action and would likely to be redressed by a favorable decision; and 2) defendant did not have the right to intervene under either Fed. R. Civ. P. 24(a)(1) or 24(a)(2).

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Commercial Law

[07/01] Arnold's Wines, Inc. v. Boyle
District court order granting defendants' motions to dismiss plaintiff's request for a declaratory judgment is affirmed where sections of the New York Alcoholic Beverage Control Laws banning direct sales to consumers by out-of-state liquor retailers and instituting a three-tier system for the regulation of alcoholic beverages evenhandedly regulate the importation and distribution of liquor within the state and do not discriminate against out-of-state producers in violation of the Commerce Clause, and thus are a valid exercise of the state's rights under the Twenty-first Amendment.

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