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ENVIRONMENTAL LAW – Env’tal World Watch LLC v. The Walt Disney Co.

9/21/2012

COMPLAINT – Plaintiffs claim that Disney used chemicals, including chromium, for purposes of heating and cooling air and water in its facilities, then discharged contaminated waste water through sewer pipes onto adjacent properties and waterways. Plaintiffs claim the contamination violated state Health and Safety and Business and Professions codes. (Cal.Super.)

Opinions, Orders & Jury Verdicts

CREDITOR AND DEBTOR – Harrold v. Experian Info. Solutions Inc.

9/20/2012

OPINION – After their bankruptcy discharge, the Harrolds claim Wells Fargo reported inaccurate information on their credit reports. The Fair Credit Reporting Act is not preempted by the bankruptcy code, so that defense fails, but the claims are nonetheless dismissed because the Harrolds did not provide the dates of the inaccurate reports in relation to the bankruptcy. (N.D. Cal.)

BANKING – Kinetic Sys. Inc. v. Fed. Fin. Bank

9/19/2012

OPINION – Kinetic sought payment for Solyndra construction work from the FBB under California’s Stop-Notice law. The FBB argued it was immune and not a “construction lender,” but the court ruled that FBB’s power to “sue and be sued” was a waiver of immunity, and despite differences between FBB and commercial lenders, FBB was a construction lender. (N.D. Cal.)

DISCOVERY – Dolarian Capital Inc. v. SOC LLC

9/17/2012

OPINION – After an agreement to sell arms for use in Iraq and Afghanistan broke down, Dolarian failed to produce requested documents or answer any interrogatories. Dolarian’s boilerplate responses violated Rule 34, which requires objections to discovery to be stated with specificity. Dolarian must produce or object with specificity, and must pay fees and costs. (E.D. Cal.)

Court Filings

PATENT – Pres. Tech. LLC v. ESPN Inc.

9/20/2012

COMPLAINT – Preservation Technologies’ (PT) patents were developed by the USC Shoah foundation to gather, catalog and access thousands of Holocaust video testimonies. PT claims ESPN has infringed the patents in its internet and mobile device video-viewing services. PT seeks an injunction and unspecified past and future damages. (C.D. Cal.)

CYBERSQUATTING – Petroliam Nasional Berhad v. GoDaddy.com Inc.

9/7/2012

BRIEF – Internet domain name registry GoDaddy argues that the court’s decision in Lockheed makes it clear that domain registrars cannot, as a practical matter, police the alleged cybersquatting activities of their customers. Appellant wants to assert a claim of “contributory cybersquatting” that GoDaddy urges the court to reject. (9th Cir.)

TRADEMARKS - Electronic Arts Inc. v. Textron Inc.

1/11/2012

(N.D. Cal.) - Electronic Arts Inc. argues that it should be allowed to continue using real-life depictions of helicopters made by Textron Inc.’s Bell division in its Battlefield 3 video game because the use of the images are protected under the First Amendment.

© 2012 Thomson Reuters