Settlement bars later federal intellectual property claims
The 4th U.S. Circuit Court of Appeals affirmed summary judgment for the defendants, holding that a prior settlement agreement and state-court dismissal barred the plaintiff’s later federal intellectual […]
4th Circuit enforces sweeping dismissal provision against IP claims
The 4th U.S. Circuit Court of Appeals has held that a prior settlement agreement and state-court dismissal encompassed all claims that could have been brought in the earlier litigation. The […]
4th Circuit: City breached settlement agreement
Where the city of Charlotte resolved an employment discrimination suit with a firefighter but it failed to treat the employee’s payment as pension-eligible wages, it breached the agreement. The payment […]
Bill would protect NCAA, leagues from lawsuits
Two Republican congressmen introduced a bill Wednesday that would provide the NCAA, college conferences and member schools with federal protection from legal challenges that stand in the way of their […]
Tort/Negligence – Invasion of Privacy – Misappropriation of Personality – Business Correspondence – Civil Practice – Statute of Limitations — Contract – Settlement Agreement – Indiana Law – Liquidated Damages
Insurance Products Marketing, Inc. v. Conseco Life Insurance Co. Despite a settlement agreement that severed the parties’ business ties, defendants have continued to use plaintiffs’ names on their business correspondence. By doing so, defendants may have been taking advantage of plaintiffs’ reputations or the value associated with their names.
Intellectual Property – Trademark – Contract – Settlement Agreement – Natural Zone of Expansion – Cleaning Products – Electronics
Monster Daddy, LLC v. Monster Cable Products, Inc. The plaintiff-cleaning products company and defendant, a provider of audio and video products (including an electronics cleaning product), entered into a settlement agreement in 2007. The agreement granted plaintiff the right to extend its trademark into the natural zone of expansion for its various goods and services.
Contract – Settlement Agreement – Third Party Mention – No Condition Precedent
Byrd v. Livingston This lawsuit arose after the defendant-seller granted an easement to defendant TIAA Timberlands, II, LLC around the same time she sold the land at issue to the plaintiff-buyer. After mediation, the parties entered into an “agreement in principle” which relocated the easement “express grant superseding and canceling the 66’ grant, son’s parcel included.”
Plaintiff who lost hand in farm accident settles for $650,000
A Marion County man who suffered the loss of his hand while using a mechanical corn picker has settled a products liability lawsuit for $650,000. Nathan Hughey of Mount Pleasant said his client, Donnie Larrimore, agreed to the settlement on Jan. 4, more than four years after the September 2006 accident.
Intellectual Property – Patent License – Settlement Agreement – Validity & Enforceability Challenge – ‘Transacting Business’
Hilex Poly Co. LLC v. Omega Plastics Corp. Even though, when a patent license is part a settlement agreement ending litigation, licensees are generally estopped from challenging the validity of the underlying patents, since defendants also challenge the validity . . .
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