Load Toad LLC v. Pneumat Systems, Inc.

Nov 14, 2011

OUTCOME: Obtained voluntary dismissal of action after filing motion to dismiss

Load Toad sued client for patent infringement

CHS Inc. v. PetroNet LLC

Jun 15, 2011

OUTCOME: Obtained partial summary judgment on 3 of 5 claims, including copyright, trade secret and confidential information claims. Case settled.

Represented defendant in copyright infringement and trade secret misappropriation case.

Ductcap Products, Inc. v. Davco Enterprises, Inc.

Nov 21, 2008

OUTCOME:

Perrella v. Shorewood RV Ctr

Mar 31, 2007

OUTCOME:

The purchaser and the seller ultimately agreed that the seller would replace the motor home for breach of contract; express warranties; implied warranties of merchantability and fitness; and breach of ... duty to refund or replace under § 325F.665. The engine was not covered under the applicable warranties and after settlement with the purchaser that included a new motor home, the seller sought contribution from the engine manufacturer. The engine manufacturer filed a motion to dismiss. The court denied the motion, holding that contribution was a substantive and independent cause of action in Minnesota based on equitable principles to secure restitution to the seller who had paid more than its just share of liability. Further, because the seller had alleged that the engine manufacturer may have been liable for all or part of the purchaser's claims, contribution was available. The court reasoned that common liability arose when the seller and manufacturer became liable to the purchaser, regardless of the purchaser's failure to assert a claim against the manufacturer, and that the purchaser's failure to assert his claim was irrelevant to the seller's action seeking contribution.

Bellboy Corporation v. Richmond Limited

Feb 07, 2006

OUTCOME: Summary judgment in favor of defendant affirmed

In the first of two transactions between the parties, the importer ordered cartons of bull testes. In the second, the parties contracted for the sale of boneless beef. The importer breached the beef co ... ntract when a dispute arose over the cartons of bull testes. The importer argued that the meat producer had a duty to mitigate its damages when the importer refused to accept the beef. On appeal, the court noted that the deposition testimony of the importer's president was a self-serving opinion from a litigant. Thus, the importer failed to meet its burden to show how damages could have been mitigated. The district court concluded that the meat producer mitigated its damages by later reselling the beef in a commercially reasonable manner. Thus, the district court did not err in granting summary judgment in favor of the meat producer.

F&G Scrolling Mouse et al. v. Microsoft et al.

N/A

OUTCOME: Defendants' motion to transfer venue granted

Plaintiff corporation and plaintiff inventors' filed their lawsuit in Illinois on the basis of plaintiff corporation's citizenship there. Holding that the citizenship of two of the defendant corporatio ... ns, and the presence of the majority of the witnesses, established that Washington state was clearly more convenient, the court granted the 28 U.S.C.S. § 1404(a) motion to transfer. The court found that venue and jurisdiction existed in both districts. The court found that on balance, the convenience of the parties was best served in the Washington. The court noted that plaintiff corporation was a mere shell, and that apart from the lawsuit, it conducted no business in Illinois. The court noted that plaintiff inventors were both aliens domiciled outside the United States, who chose Illinois based on travel convenience. By contrast, the court noted that two of the defendants were located in Washington, and concluded that that district was more convenient for the parties. The court also found that most of the witnesses, both party and non-party, were amenable to process in Washington, but not Illinois, including the witnesses with the presumably most relevant testimony.

Ductcap Products, Inc. v. J & S Frabrication, Inc. et al.

N/A

OUTCOME: Pending

Patent infringement case

ARS Technlogies, Inv. v. Pneumatic Fracturing, Inc.

N/A

OUTCOME: Pending

Andrea Andrews et. al. v. Fantasy House, Inc.

N/A

OUTCOME: Pending

Race and gender discrimination case

CHS v. PetroNet LLC

N/A

OUTCOME: Obtained dismissal of plainitff's trade secret misappropriation and misuse of confidential information claims on summary judgment

CHS alleged 5 counts of copyright infringement, trade secret misappropriation, and misuse of confidential information.