National News & Case Coverage

Case Summaries

Injury & Tort Law

[08/07] Lockerby v. Sierra
In the bankruptcy context, an intentional breach of contract cannot give rise to nondischargeability under 11 U.S.C. section 523(a)(6) unless it is accompanied by conduct that constitutes a tort under state law.

[08/07] Muhammad v. McCarrell
In an inmate's 42 U.S.C. section 1983 action against a Supermax Unit and several of its officers raising a tort claim for battery and alleging that his Eighth Amendment rights were violated when officers used excessive force to extract him from his cell, judgment pursuant to a jury verdict for defendants is affirmed where: 1) the evidence was sufficient to support the jury verdict; and 2) defense attorney's comments during closing arguments did not unfairly prejudice the jury.

[08/06] Iko v. Raley
In a survival and wrongful death action brought pursuant to 42 U.S.C. section 1983 following inmate's death after being forcibly removed from his cell by seven correctional officers, defendants' interlocutory appeal from a partial denial of qualified immunity is dismissed in part and affirmed in part where: 1) there was no jurisdiction over one of the three claims presented on appeal because summary judgment was denied on the sole ground that issues of material fact remained; and 2) plaintiffs alleged facts sufficient to show that the officers violated certain of decedent's clearly established Eighth Amendment rights.

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Consumer Products

[08/07] Peck v. Cingular Wireless, LLC
In a class action lawsuit brought by a former employee against Cingular claiming, inter alia, it violated state law by passing a business and occupation tax (B&O tax) on to consumers in the form of a line item charge, dismissal of the suit is vacated where, contrary to the ruling below, there was no federal preemption of plaintiff's state law claims.

[08/07] Chin v. Chrysler LLC
In a products-liability action claiming defects in braking systems in defendant's cars, an order awarding attorney's fees under California law is reversed where: 1) no substantive provision of California law had ever been pled, nor had any underlying California cause of action ever been found violated; and 2) the district court was bound to apply New Jersey's attorney's fees rule.

[08/05] E.T. Browne Drug Co. v. Cococare Prods., Inc.
In a trademark dispute between manufacturers of beauty and personal-care products over the allegedly trademarked phrase "Cocoa Butter Formula," summary judgment for defendant is affirmed where: 1) a genuine issue of material fact existed as to whether the phrase was generic or descriptive; but 2) plaintiff did not produce evidence to show that the phrase had acquired secondary meaning sufficient to create a protectable trademark interest.

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