Mattel wins counterclaim against S.C. toymaker over trademark infringement
Brief statement of claim: Super Duper filed a suit against Mattel in South Carolina, seeking a declaration that certain of its trademarks did not infringe or dilute Mattel's rights in its SEE 'N SAY trademark and related trademarks. While disputing that declaratory judgment jurisdiction existed, Mattel ...
Attorneys – Attorney-Client Privilege – Work Product Doctrine – Civil Practice – Discovery – Banks & Banking – Real Property – Mortgages First South Bank v. Fifth Third Bank, N.A. Although plaintiff-participant provided $4 million of an $11 million loan, and although the parties’ “Participation Agreement” exempted the defendant-lender from liability for “good faith” action or inaction in connection with the loan and also said, “Lender may consult with legal counsel … and shall not be liable for any action taken or omitted to be taken in good faith … in accordance with the advice of such counsel,” the Participation Agreement did not waive the lender’s attorney-client privilege or work-product protection.
Taxation – Payroll Taxes – Financial Hardship – Handicapped Services – Funding Cut Babcock Center, Inc. v. United States The plaintiff-taxpayer has forecasted evidence that, during the time it failed to pay payroll taxes, it was suffering financial hardship and it only paid essential creditors; as such, there is a genuine dispute of material fact as to whether the taxpayer is entitled to a refund of penalties paid for six of the seven quarters in question.
Domestic Relations – Parent & Child – Hague Convention – U.K. Residents – U.S. Visit Hirst v. Tiberghien Even if the respondent-father’s allegations about the respondent-mother were true, they would amount to little more than bad parenting; he has not shown by clear and convincing evidence that the children’s return to petitioner in Manchester, England would expose the children to physical or psychological harm or otherwise place the children in an intolerable situation.