all - Opinion Summaries

SWEDENBURG v. KELLY

Commercial Law, Constitutional Law
New York's Alcoholic Beverage Control Law violates the First Amendment insofar as it prohibits all commercial speech pertaining to the sale of...

WHAT-A-BURGER OF VIRGINIA, INC. v. WHATABURGER, INC.

Intellectual Property, Trademark
Because the parties operate in separate territorial markets and the likelihood of confusion does not otherwise loom large, defendant was never...

HEMP INDUS. ASS'N v. DEA

Administrative Law, Drugs & Biotech
Defendant cannot regulate plaintiffs' products, which contain a naturally occurring THC not contained within or derived from marijuana, because...

E. FOOD SERVS., INC. v. PONTIFICAL CATHOLIC UNIV. SERVS. ASS'N, INC.

Antitrust & Trade Regulation, Contracts
Plaintiff has no valid claim under the Sherman Act. At issue is not whether an economic market will become less competitive, but rather, which of two...

LION RAISINS, INC. v. USDA

Agriculture, Government Law, Trade Secrets
The FOIA entitles plaintiff to copies of the originals of its own Line Check Sheets, retained by defendant; due to the FOIA's "trade secrets"...

WHITAKER v. THOMPSON

Drugs & Biotech
The FDA properly applied the Federal Food, Drug and Cosmetic Act in determining that plaintiffs could not market "saw palmetto" under their proposed...

BAUR v. VENEMAN

Administrative Law, Agriculture, Constitutional Law
Plaintiff need not allege that Bovine Spongiform Encephalopathy has been detected in the U.S. to allege a credible risk of harm sufficient to satisfy...

WHETSTONE CANDY CO., INC. v. KRAFT FOODS, INC.

Contracts, Corporation & Enterprise Law
Under the express language of a settlement agreement between the plaintiff and defendant, a subsidiary of defendant is not bound by the terms of the...

TALKING RAIN BEVERAGE CO., INC. v. S. BEACH BEVERAGE CO.

Intellectual Property, Trademark
In a trademark infringement action, the district court's dismissal of the complaint and judgment for defendant are affirmed where the court correctly...

NAT. UNION FIRE INS. v. TERRA INDUS.

Insurance Law
District court did not err in concluding 1) contamination of insured's product constituted an occurrence under the commercial umbrella policy issued...