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Blog Posts in May, 2014

  • Auto Insurance - Consideration of Unfair Factors May Result in Discrimination

    The auto insurance industry is facing an increasing number of lawsuits regarding its pricing of insurance. According to the National Law Journal, insurance companies are being sued for using factors including education, occupation, credit scores and lack of prior coverage to set their prices. There is clear evidence that many of these policies lead to higher premiums for minorities and the poor. ...
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  • Charter Settles Wage and Hour Class for $18 Million

    Charter Communications has settled a wage and hour class action for unpaid overtime. On May 24, a Wisconsin federal judge granted preliminary approval for the $18 million settlement. The plaintiffs claim that Charter violated federal and state overtime and wage laws. The plaintiffs performed several duties without being paid wages and the defendant failed to pay overtime compensation. The class ...
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  • Civil Rights Groups Seek Class Action Against Arizona's Immigration Law

    Twenty One civil rights groups from Unions, Churches, Mexican, to Muslim groups have filed a class action in Arizona federal court alleging Arizona's immigration Senate Bill 1070 will "cause widespread racial profiling and will subject many persons of color, including countless U.S. citizens and non citizens who have federal permission to remain in the United States, to unlawful interrogations, ...
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  • Class Certification Granted in Fridgidaire Washing Machine Lawsuit

    A Georgia federal judge has granted class certification in a consumer lawsuit alleging defects in Frigidaire front-loading washing machines. In their Complaint, the plaintiffs alleged that these washing machines collected water in the convoluted bellows after the wash cycle, causing mildew or mold to grow. They alleged that Frigidaire deceived customers, advertising that the machine would make ...
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  • Court Affirms Arbitrator's Decision to Allow Class Arbitration

    In Stolt-Nielsen Tranportation Group Ltd. Et al. v. Animal Feeds International Corp., 06-3474, 2nd Cir. 2008 U.S. App. Lexis 22838), the Second Circuit Court of Appeals doled out a little poetic justice. A business sought to have the Court decide that the arbitrator erred in deciding that the arbitration clause allowed for class arbitration. The Court showed great deference to the arbitration ...
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  • Wal-Mart Agrees to Settle Wage Claim for $86 Million

    On May 11, 2010 Wal-Mart agreed to pay thousands of its former California employees a variety of unpaid wages. California law dictates that all outstanding wages must be paid within 72 hours of when an employee resigns. The plaintiffs are seeking pay for unused vacation time, personal time, and other wages. The settlement includes approximately $12 million in unpaid vacation, and $74 million in ...
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  • Wholesalers Qualify as Persons Liable Under Missouri's Consumer Fraud Act

    The Missouri Supreme Court held that wholesalers are persons liable for violations of the Merchandising Practices Act (MPA). In Gibbons v. J. Nuckolls, Inc., 216 S.W.3d 667 (Mo. 2007), the car buyer had sued an automobile wholesaler under Merchandising Practices Act (MPA), alleging that the wholesaler (Nuckolls) failed to disclose to dealership that car had been in an accident. The trial court ...
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  • Jane Doe v. Polaris

    Overview: Plaintiff suffered injuries when riding an ATV on an asphalt road. Plaintiff filed a lawsuit in Washington County, Missouri alleging that due to negligent manufacture or design of a bolt that kept the rear control arm in place, the bolt snapped , causing Plaintiff to lose control of the ATV. The Plaintiff suffered multiple injuries when the ATV collided with at least two trees. Polaris ...
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  • Unified Messaging Solutions, LLC v. Groupon, Inc. (N.D. IL)

    Representing Plaintiff in a patent infringement action against Groupon, Inc. involving U.S. Patent Nos. 6,857,074 "Systems and Methods for Storing, Delivering and Managing Messages;" 7,836,141 "Systems and Methods for Storing, Delivering and Managing Messages;" 7,895,306 "Systems and Methods for Storing, Delivering and Managing Messages;" 7,895,313 "Systems and Methods for Storing, Delivering and ...
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  • Unified Messaging Solutions, LLC v. Commerce Bancshares, Inc. (ED MO)

    Represented Plaintiff for patent infringement against Commerce Bancshares, Inc. of U.S. Patents 6,857,074; 7,836,141; 7,895,306; 7,895,313; and 7,934,148 "Systems and Methods for Storing, Delivering and Managing Messages." Confidential Resolution. Attorneys: Anthony G. Simon
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  • Unified Messaging Solutions, LLC v. Ameren Corporation (EDMO)

    Represented Plaintiff for patent infringement against Ameren Corporation of U.S. Patents 6,857,074; 7,836,141; 7,895,306; 7,895,313; and 7,934,148 "Systems and Methods for Storing, Delivering and Managing Messages." Confidential Resolution. Attorneys: Anthony G. Simon
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  • Unifi Scientific Batteries, LLC v. Sony Mobile Communications, AB, et al. (E.D. TX)

    Representing Plaintiff in a patent infringement action against Sony Mobile Communications AB, Sony Mobile Communications (USA), Inc., and Texas Instruments, Inc. involving U.S. Patent No. 6,791,298 "Monolithic Battery Charging Device." Case is currently pending in the Eastern District of Texas. Attorneys: Anthony G. Simon
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  • Unifi Scientific Batteries, LLC v. Research in Motion Corporation, et al. (E.D. TX)

    Representing Plaintiff in a patent infringement action against Research in Motion Corporation, Research in Motion, Ltd., Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung Telecommunications America, LLC, Amazon.com, Inc., Amazon Technologies, Inc., and Texas Instruments involving U.S. Patent No. 6,791,298 "Monolithic Battery Charging Device." Barnesandnoble.com, LLC and ...
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  • Unifi Scientific Batteries, LLC v. Nokia, Inc., et al. (E.D. TX)

    Representing Plaintiff in a patent infringement action against Nokia Siemens Networks US, LLC, Nokia, Inc., and Texas Instruments, Inc. involving U.S. Patent No. 6,791,298 "Monolithic Battery Charging Device." Case is currently pending in the Eastern District of Texas. Attorneys: Anthony G. Simon
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  • Unifi Scientific Batteries, LLC v. HTC Corporation, et al. (E.D. TX)

    Representing Plaintiff in a patent infringement action against HTC Corporation, HTC B.V.I, HTC America, Inc., and Texas Instruments, Inc. involving U.S. Patent No. 6,791,298 "Monolithic Battery Charging Device." Case is currently pending in the Eastern District of Texas. Attorneys: Anthony G. Simon
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  • Teleconference Systems, LLC v. Tandberg, Inc., et al. (N.D. CA)

    Represented Plaintiff against Tandberg, Avago, Bayer, Ericsson, and One Communications involving U.S. Patent No. 6,980,526 "Multiple Subscriber Videoconferencing System." Confidential resolution Attorneys: Anthony G. Simon
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  • Teleconference Systems, LLC v. AT&T Corp., et al. (N.D. CA)

    Represented Plaintiff against AT&T and Frito Lay involving U.S. Patent No. 6,980,526 "Multiple Subscriber Videoconferencing System." Confidential resolution. Attorneys: Anthony G. Simon
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  • Technology Properties Limited, LLC v. Samsung Electronics Co., Ltd and Samsung Electronics USA, Inc. (ED TX)

    Represented Defendant for patent infringement against Samsung Electronics Co., Ld and Samsung Electronics USA, Inc. of U.S. Patents 7,295,443; and 7,522,424 "Smartconnect Universal Flash Media Card Adapters" Confidential Resolution. Attorneys: Anthony G. Simon
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  • Storage Technology Corporation, d/b/a Storagetek v. Custom Hardware Engineering and Consulting, (Dist. of Mass.)

    Represented Defendant against patent and copyright infringement allegations regarding computer code designed to diagnose problems within data management libraries. Plaintiff alleged infringement of U.S. Patent Nos. 6,550,391 "Method and System for Moving Cartridges Between Storage Libraries," 5,850,569 "Method for Integrating a Module into a Storage Library," and 4,908,777 "Robot Arm Calibration ...
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  • SmartPhone Technologies, LLC v. Amazon.com, Inc., et al, (E.D. TX)

    Represented Plaintiff against Amazon.com and Amazon Digital Services for infringement of U.S. Patent Nos. 6,466,236 "System and Method for Displaying and Manipulating Multiple Calendars on a Personal Digital Assistant," 6,950,645 "Power-Conserving Intuitive Device Discovery Technique in a Bluetooth Environment," 6,956,562 "Method for Controlling a Handheld Computer by Entering Commands onto a ...
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  • Simulvision Cable Systems, et al. v. Seven Trails West, LLC, et al. (St. Louis City)

    Represented Plaintiff in a breach of contract action against Seven Trails West, LLC d/b/a 500 Seven Trails Drive Investors, LLC. Tried to case to jury and received plaintiff's verdict in the amount of $1,675,000. Attorneys: Anthony G. Simon
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  • Simply Thick, LLC v. Links Medical Products, Inc., (E.D. Mo.)

    Represented Plaintiff in patent infringement action against Links Medical Products, Inc. involving U.S. Patent 7,638,150 "Process for Preparing Concentrate Thickener Compositions." Confidential resolution. Attorneys: Anthony G. Simon
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  • Priority Access Solutions Corp. v. IBM (E.D. Tex.)

    Represented Plaintiff in patent infringement action against IBM involving U.S. Patent No. 5,717,604 "Network Monitoring System for Tracking, Billing, and Recovering Licenses." Confidential resolution Attorneys: Anthony G. Simon
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  • Optical Memory Storage, LLC v. CMC Magnetics Corp. (E.D. MI)

    Represented Plaintiff in patent infringement action against CMC Magnetics Corp., Hotan Corp., Fujifilm Holdings Corp., Fujifilm Holdings America Corp., Fujifilm North America Corp., F/K/A Fujifilm U.S.A., Inc., Fujifilm Recording Media U.S.A., Inc., Hewlett-Packard Co., Imation Corp., Moser Baer India Limited, Ritek Corp., Advanced Media, Inc., Koninklijke Philips Electronics N.V., Philips ...
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  • Note Family, Inc. v. Vivendi Universal Games, Inc. (S.D. Ill.)

    Represented Plaintiff in trademark infringement action against Vivendi Universal Games, Inc for a registered mark used in connection with educational support materials for the teaching of music and music theory to children. Confidential resolution. Attorneys: Anthony G. Simon
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