LATEST SUMMARIES
ADMINISTRATIVE LAW, GOVERNMENT LAW, INJURY AND TORT LAW
• Terbush v. US
COPYRIGHT, INTELLECTUAL PROPERTY, MANUFACTURING, TRADEMARK
• Jada Toys, Inc. v. Mattel, Inc.
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LATEST SUMMARIES
ADMINISTRATIVE LAW, GOVERNMENT LAW, INJURY AND TORT LAW
Terbush v. US, No. 06-15033
In an action under the Federal Tort Claims Act brought by the family
of an individual killed by a rockslide in Yosemite National Park,
claiming that it was not a freak accident and that the Park Service
was responsible for creating unsafe conditions and failing to warn
of the hazards it created, dismissal of the action is affirmed in
part and reversed in part where: 1) the district court properly
dismissed failure to warn claims and those regarding the design and
construction of wastewater facilities based on the discretionary
function exception to the FTCA; but 2) the record was insufficient
to rule as a matter of law on plaintiffs' maintenance claims.
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COPYRIGHT, INTELLECTUAL PROPERTY, MANUFACTURING, TRADEMARK
Jada Toys, Inc. v. Mattel, Inc., No. 05-55627
In a dispute between two toy manufacturers involving, inter alia,
trademark infringement, copyright, and dilution counterclaims,
summary judgment for plaintiff/counterdefendant as to the
counterclaims is reversed where: 1) the district court erred in its
application of the relevant infringement test; and 2) genuine issues
of material fact existed as to defendant-Mattel's copyright and
dilution claims. (Amended opinion)
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