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Federal & State Cases
Combined counsel or attorney
- 1. Kournikova v. General Media
Communs.
- No. 02-56421 , UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT , 51
Fed. Appx. 739; 2002 U.S. App. LEXIS 24439, November 18, 2002 **, Submitted**
This panel unanimously finds this case suitable for decision without oral
argument. See Fed. R. App. P. 34(a)(2)., November 27, 2002, Filed, RULES
OF THE NINTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS.
PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS
CIRCUIT., Summary judgment granted by Kournikova v. General Media Communs.,
2003 U.S. Dist. LEXIS 13159 (C.D. Cal., May 2, 2003)
OVERVIEW:
Plaintiff's requests to enjoin magazine publisher from further publication
and distribution of certain photographs were largely moot as, inter alia,
publisher had stopped distributing magazine in which photographs appeared
and issued an apology.
CORE TERMS:
Preliminary injunction, photographs, magazine, Ninth Circuit Rule, website
... KOURNIKOVA, Plaintiff-Appellant: William E. Wegner, Esq., GIBSON, DUNN & ...
- 2. Astaire v. Best Film & Video
Corp.,
- No. 95-56632, No. 95-56633 , UNITED STATES COURT OF APPEALS FOR THE NINTH
CIRCUIT , 136 F.3d 1208; 1998 U.S. App. LEXIS 12790, February 19, 1998, Filed
CORE TERMS:
V ideo, clips, film, advertisement, exempt, celebrity, dancing, persona,
opening brief, non-advertising ...
... Coral Gables, FL. William E. Wegner, Esq., GIBSON, DUNN & ...
- 3. United States v. Bradley
- No. 96-50015, No. 96-50022, UNITED STATES COURT OF APPEALS FOR THE NINTH
CIRCUIT, 1997 U.S. App. LEXIS 16396, May 5, 1997, Argued and Submitted, Pasadena,
California, July 2, 1997, FILED, RULES OF THE NINTH CIRCUIT COURT OF APPEALS
MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF
THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT., Reported in Table Case
Format at: 117 F.3d 1426, 1997 U.S. App. LEXIS 24313.
CORE TERMS:
Eggs, bird, wildlife, retail price, fair market, discounted, estimation,
smuggled, reliable, selling ...
... Angeles, CA. For WILLIAM WEGNER, Defendant - Appellant ...
- 4. Astaire v. Best Film & Video
Corp.
- No. 95-56632, No. 95-56633, UNITED STATES COURT OF APPEALS FOR THE NINTH
CIRCUIT, 116 F.3d 1297; 1997 U.S. App. LEXIS 41260; 45 U.S.P.Q.2D (BNA) 1902;
98 Cal. Daily Op. Service 1168; 98 Daily Journal DAR 1679, March 3, 1997,
Argued, Submitted, Pasadena, California, June 20, 1997, Filed, As Amended
February 19, 1998. Certiorari Denied October 5, 1998, Reported at: 1998 U.S.
LEXIS 5584.
OVERVIEW:
Videotape manufacturer's dance instructional tapes, which used film footage
of deceased performer, were exempt from liability under statute that permitted
certain uses of a deceased performer's images.
CORE TERMS:
Film, exempt, clips, videotape, advertisement, photograph, deceased, video,
likeness, personality ...
William E. Wegner, Gibson, Dunn & Crutcher, ...
- 5. Kournikova v. General Media
Communs., Inc.
- Case No. CV 02-3747 GAF (AJWx) , UNITED STATES DISTRICT COURT FOR THE CENTRAL
DISTRICT OF CALIFORNIA , 278 F. Supp. 2d 1111; 2003 U.S. Dist. LEXIS 13159;
67 U.S.P.Q.2D (BNA) 1395; 2003-2 Trade Cas. (CCH) P74,211; 31 Media L. Rep.
2007, May 2, 2003, Decided, May 2, 2003, Filed.
OVERVIEW:
Tennis celebrity's claims against a magazine publisher under the Lanham Act
failed as she presented no evidence that she suffered any competitive injury,
or that a reasonable consumer would believe that she endorsed the magazine.
CORE TERMS:
Endorsement, magazine, photograph, caught, consumer, customer, false advertising,
picture, photo, summary judgment ...
... ANNA KOURNIKOVA, plaintiff: William E Wegner, Ethan D Dettmer, ...
- 6. Kournikova v. Gen. Media
Communs., Inc.
- Case No. CV 02-3747 GAF (AJWx) , UNITED STATES DISTRICT COURT FOR THE CENTRAL
DISTRICT OF CALIFORNIA , 2002 U.S. Dist. LEXIS 25810; 64 U.S.P.Q.2D (BNA)
1614, August 9, 2002, Decided, August 9, 2002, Filed, Affirmed by Kournikova
v. General Media Communs., 51 Fed. Appx. 739, 2002 U.S. App. LEXIS 24439
(2002)
OVERVIEW:
Court denied tennis player's motion for preliminary injunction against publisher;
the tennis player could not demonstrate that she was likely to succeed on
the merits of her false advertising and false endorsement claims.
CORE TERMS:
endorsement, magazine, photograph, edition, false advertising, actual malice,
Lanham Act, website, consumer, false impression ...
... ANNA KOURNIKOVA, plaintiff: William E Wegner, Ethan D Dettmer, ...
- 7. Nathan Kimmel, Inc. v. DowElanco
- Case No. CV 97-3941 DDP (RNBx), UNITED STATES DISTRICT COURT FOR THE CENTRAL
DISTRICT OF CALIFORNIA, 64 F. Supp. 2d 939; 1999 U.S. Dist. LEXIS 14473,
September 7, 1999, Decided, September 7, 1999, Filed.
OVERVIEW:
Federal law preempted plaintiffs' state law claims premised on defendant's
improper amendment of its pesticide label; to hold otherwise would be tantamount
to allowing a state to regulate pesticide labeling indirectly.
CORE TERMS:
bag, label, pesticide, preempted, labeling, summary judgment, preemption,
regulation, federal law, fumigation ...
... For DOWLANCO, defendant: William E Wegner, Gibson Dunn & Crutcher,
...
- 8. Warner Bros., Inc. v. Curtis
Management Group, Inc.
- 1995 WL 420043 (C.D.Cal., Mar 31, 1993) (NO. CV 91-4016-WMB)
...Lee, Cara R. Burns, Los Angeles, CA, for plaintiff. Dean T. Barnhard,
Klineman Rose Wolf & Wallack, Indianapolis, IN, William E. Wegner, Scott
A. Edelman, Vivienne A. Vella, Gibson Dunn & Crutcher, Los Angeles, CA,
for defendants. FINDINGS OF FACT...
- 9. Yellow Pages Cost Consultants
v. GTE Directories Corp.
- 716 F.Supp. 1306, 1989-2 Trade Cases P
68,719 (N.D.Cal., May 26, 1989) (NO. C-89-0553 WHO)
... Joel Linzner, Khourie, Crew & Jaeger, San Francisco, Cal., for plaintiffs.
Robert E. Cooper, J. Edd Stepp, Jr., William E. Wegner and Elizabeth A. Grimes,
Gibson, Dunn & Crutcher, Los Angeles, Cal., for defendants. OPINION AND
ORDER ORRICK, District...
- 10. Chavez v. Whirlpool Corp.
- No. B136778., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT,
DIVISION THREE, 93 Cal. App. 4th 363; 113 Cal. Rptr. 2d 175; 2001 Cal. App.
LEXIS 850; 2001-2 Trade Cas. (CCH) P73,470; 2001 Cal. Daily Op. Service 9281;
2001 Daily Journal DAR 11553, October 29, 2001, Decided, CERTIFIED FOR PUBLICATION,
Review Denied February 13, 2002, Reported at: 2002 Cal. LEXIS 659.
OVERVIEW:
Resale price policy adopted by manufacturer of dishwashers, and acquiesced
in by retailer did not constitute an unlawful combination under the Cartwright
Act and was not unfair competition because it was permitted under the Colgate
doctrine.
CORE TERMS:
manufacturer, Cartwright Act, unfair, dealer, unfair competition law, distributor,
resale, retailer, consumer, resale price ...
... Gibson, Dunn & Crutcher, William E. Wegner, Daniel S. Floyd and ...
- 11. Strasberg v. Odyssey Group, Inc.
- No. B095962., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT,
DIVISION SEVEN, 51 Cal. App. 4th 906; 59 Cal. Rptr. 2d 474; 1996 Cal. App.
LEXIS 1173; 96 Cal. Daily Op. Service 9177; 96 Daily Journal DAR 15114, December
17, 1996, Decided, Opinion certified for partial publication. ** Pursuant
to California Rules of Court, rules 976(b) and 976.1, this opinion is certified
for publication with the exception of part I of the Discussion section.
OVERVIEW:
The discovery rule tolled limitations for a suit for a constructive trust
on items withheld from the heir to decedent's estate until the successor
in interest to the heir learned of those items' existence.
CORE TERMS:
personal effects, statute of limitations, conversion, celebrity, beneficiary,
cause of action, fiduciary, collection, probate, auction ...
... Gibson, Dunn & Crutcher, William E. Wegner, Vivienne A. Vella and
...
- 12. Nutro Prods. v. Cole Grain Co.
- No. B058458 , COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT,
DIVISION SEVEN. , 3 Cal. App. 4th 860; 5 Cal. Rptr. 2d 41; 1992 Cal. App.
LEXIS 193; 24 U.S.P.Q.2D (BNA) 1556; 92 Cal. Daily Op. Service 1374; 92 Daily
Journal DAR 2233, February 19, 1992, Decided
OVERVIEW:
Respondent pet-food manufacturer was properly granted injunctive relief because
substantial evidence supported a finding that respondent's product name was
protectable, and there was likelihood of confusion with appellant's product
name.
CORE TERMS:
preliminary injunction, trademark, injunction, irreparable injury, trademark
infringement, pet food, pet, distinctiveness, competitor, failed to demonstrate
...
... Gibson, Dunn & Crutcher, William E. Wegner, Jeffrey C. Briggs, ...
- 13. Health Maintenance Network v. Blue
Cross of So. California
- No. B017620, Court of Appeal of California, Second Appellate District,
Division Five, 202 Cal. App. 3d 1043; 249 Cal. Rptr. 220; 1988 Cal. App.
LEXIS 630, July 13, 1988, Appellants' Petition for Review by the Supreme
Court was Denied October 12, 1988.
OVERVIEW:
A decision granting a permanent injunction against a health insurance organization
that sought to control an HMO that it set up as independent organization
was affirmed where control of the HMO by outside agency was prohibited under
applicable law.
CORE TERMS:
bylaw, nonprofit, board of directors, hospital service, insurer, duty, conflict
of interest, former client, subscriber, appointed ...
... R. Randall Huff and William E. Wegner for Plaintiff and Respondent.
- 14. Health Maintenance Network v. Blue
Cross of So. California
- No. B017620., Court of Appeal of California, Second Appellate District,
Division Five., 200 Cal. App. 3d 23; 245 Cal. Rptr. 757; 1988 Cal. App. LEXIS
315, April 7, 1988, NOT CITABLE - SUPERSEDED BY GRANT OF REHEARING, As modified
April 19, 1988; Rehearing granted May 5, 1988 (See 202 Cal. App. 3d 1043)
OVERVIEW:
There was no conflict between the articles of a nonprofit corporation, providing
for membership, and its amended bylaws that provided for zero membership;
the parent corporation had no authority to appoint any such members.
CORE TERMS:
bylaw, nonprofit, board of directors, hospital service, subscriber, former
client, appoint, duty, executive committee, qualification ...
... R. Randall Huff and William E. Wegner for Plaintiff and Respondent.
- 15. B.W.I. Custom Kitchen v. Owens-Illinois,
Inc.
- No. A034787, Court of Appeal of California, First Appellate District, Division
Five, 191 Cal. App. 3d 1341; 235 Cal. Rptr. 228; 1987 Cal. App. LEXIS 1726;
1988-1 Trade Cas. (CCH) P68,053, March 11, 1987, Certified for partial publication
- Pursuant to rules 976 and 976.1, California Rules of Court, this opinion
is certified for publication except for part I., A petition for a rehearing
was denied March 30, 1987, and respondents' petition for review by the Supreme
Court was denied July 2, 1987. Lucas, C. J. and Panelli, J., were of the
opinion that the petition should be granted.
OVERVIEW:
To prove damage from claimed conspiracy by manufacturers to fix the price
of products sold by independent distributors, indirect purchasers had to
prove that distributors raised prices to compensate for overcharges that
were passed on to them.
CORE TERMS:
conspiracy, container, purchaser, glass, overcharge, indirect, class certification,
price-fixing, class action, manufacturer ...
... John J. Hanson, William E. Wegner, Gibson, Dunn & Crutcher, ...
- 16. Garcia v. Rockwell Internat. Corp.
- No. G001933, Court of Appeal of California, Fourth Appellate District,
Division Three, 187 Cal. App. 3d 1556; 232 Cal. Rptr. 490; 1986 Cal. App.
LEXIS 2361; 106 Lab. Cas. (CCH) P55,694, December 18, 1986, A Petition for
a Rehearing was Denied January 14, 1987, and Respondent's Petition for Review
by the Supreme Court was Denied April 16, 1987. Kaufman, J., did not Participate
therein.
OVERVIEW:
Employer's summary judgment was reversed because employee could maintain
a tort claim for wrongful suspension in retaliation for his whistleblowing
activities and there were disputed fact issues as to employer's motivation
for suspending employee.
CORE TERMS:
mischarging, summary judgment, retaliatory, suspended, triable issue, retaliation,
disciplinary action, disciplined, supervisor, moving party ...
... Stephen E. Tallent, William E. Wegner, John J. Waller, ...
- 17. Rosano v. Superior Court, Civ.
- No. 29835, Court of Appeal of California, Fourth Appellate District, Division
Two, 147 Cal. App. 3d 92; 194 Cal. Rptr. 749; 1983 Cal. App. LEXIS 2169,
September 16, 1983, Petitioner's application for a hearing by the Supreme
Court was denied November 23, 1983.
OVERVIEW:
Petitioner's request for a writ of mandate was denied as petitioner was precluded
from receiving an award of lost profits because his legal right to possession
of respondent's gas station had ended with expiration of the lease.
CORE TERMS:
forcible entry, lease, tenant, service station, legal right, unexpired term,
termination, station, expired, right to possession ...
... R. Randall Huff and William E. Wegner for Real Party ...
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