Legal Radar

$283M Award Reversed by U.S. Judge in the Loral Patent Case

Loral Space & Communications Inc. can breathe a sigh of relief today as a U.S. Judge reversed a $283 MIllion award against the company. ViSat Inc. has also requested a court order which would bar further action regarding patent infringement. ViaSat which is a satellite network systems firm, sued Loral in 2012 for breach of contract and patent infringement. In April, ViaSat won their case and the jury award. But early in August, U.S. District Judge Marilyn Huff struck down the award and set a new date for the damages trial to be held in November. Huff stated that awards for damages are not "exact science."  ViaSat's request for an injunction which would bar the use of technology which is the primary issue is still pending. 

The initial case stems from a dispute between the two companies who were working to collaborate on a construction project according to the court papers. When the case continues this fall, the award could be increased or decreased. 

Facebook to Go After Supposed Ad Scammer

Allegedly, Martin Grunin purchased multiple accounts for the purpose of advertising. He supposedly used different names and accounts which were taken from legitimate marketing companies however; he never worked for any of them according to Facebook’s complaint. Grunin then sold some of his largest Facebook ad accounts to the highest bidder. Other ad accounts were alleged used to post sexually explicit advertising for dating services. Facebook sent numerous letters asking Grunin to cease his practices and they revoked his authorization after he failed to comply. According to the complaint, he is a repeat offender who continuously violates the terms and applicable law.

 Facebook has filed the case with the federal courts hoping to stop Grunin who has allegedly scammed the tech giant out of hundreds of thousands of dollars in advertising schemes. Grunin is believed to have sold his ill-gotten gains through online sources. Just one account has supposedly been advertised for sale at $30,000.

Google Accused of Bilking AdSense Affiliates

Steve Berman filed a second case against search giant Google alleging they have been swindling websites which host ads through Google’s AdSense program. Free Range Content Inc. is responsible for collecting and distributing content to a variety of sites. They noticed earlier this year that there was an error in reported earnings.  Free Range personnel spoke with Google employees who make a promise that the issue would be addressed. However, with no warning to Free Range, Google disabled their AdSense Account and then neglected to pay the $8000 to $11,000 owed to Free Range Content according to Berman.

 The complaint against Google includes breach of contract as well as unfair enrichment echo charges. These allegations were made last month by an anonymous whistleblower who announced it on pastebin.com. The person making the allegations left no name or proof but did state that if a class action suit was filed proof would be provided. The whistleblower indicated that Google shuts down AdSense accounts without paying clients as a way to “save money.” The poster stated that Google executives are instructed to disable accounts just before Google is scheduled to pay.  Google denies any wrongdoing and discredit the whistleblower.

Chicony Power Technology to Settle with Comarco for $7.6 Million

Comarco Inc. made an announcement saying it finally made an official settlement to end the previously mentioned lawsuit with Chicony Power Technology, Co. Ltd. The deal requires Chicony to make payments to Comarco for an overall sum of $7.6 million. The monetary settlement is said to come in separate installments: at $4.0 million and at $3.6 million.

Comarco mentioned it got its initial installment on May 16, 2014, based on the settlement. The next installment is said to be made on June 2^nd this year. The settlement won’t be effective until Comarco receives the final payment 

The agreement offers Comarco capital infusion needed to capitalize once again its balance sheet and pushing the firm to move forward to its current intellectual property cause.

As mentioned, Comarco began a lawsuit alleging patent infringement and breach of contract against Targus. Comarco offered a notice to other firms claiming infringement on parts of the company’s patent portfolio, which cover multiple mobile solutions.

 

DeKalb County Housing Authority Move Eviction Cases to the Federal Level

Three residents at the Housing Authority of DeKalb County were given eviction notices due to accusations of having criminal charges. The residents of the Section 8 housing facility include three families and on elderly man who is mentally ill. The Atlanta Legal Aid Society represented the residents and claimed that their right to due process had been violated. The housing authority lost the case in the state court and their legal representative stated that they moved the case to federal court because it met all the criteria. The residents are claiming that the housing authority pursued unfair evictions based on criminal histories that were incomplete. Residents were allowed an informal hearing before the housing authority to explain the charges. The residents state that they were either exonerated of the charges or that they were falsely accused; or that the evictions were being based on charges brought against minors which had not yet been resolved.

 The plaintiffs are seeking the reinstatement of their housing vouchers as well as compensatory damages. This includes the cost they incurred to relocate or rent that they incurred because of the eviction.

Facebook Post Invalidates $80,000 Settlement

When Patrick Snay sued Gulliver Schools after it declined to renew his contract, the age-discrimination and retailiation settlement was awarded to Mr. Snay in the amount of $80,000. However, four days after the agreement, the daughter of Mr. Snay made a Facebook comment: "Mama and Papa Snay won the case against Gulliver. Gulliver is now officially paying for my vacation to Europe this summer. SUCK IT."

The Facebook comment constituted a breach of the confidentiality terms of the settlement, violating a non-disclosure clause. Consequently Gulliver Schools was no longer obligated to pay Mr. Snay. Florida's Third District Court of Appeal agreed, reversing the lower court ruling from last year.

AT&T Breaches Contract

Recently, a breach of contract lawsuit was filed against AT&T by Patrick Hendricks after he received an extra charge on his cell phone bill.  After being charged double his normal monthly bill, Hendricks hired an independent consulting firm to investigate AT&T.  This ultimately led to his filing a class action breach of contract lawsuit.  The suit claims that AT&T regularly and intentionally overcharge users.  The consulting firm found that AT&T's bills for iPhone and iPad users "systematically overstate web server traffic by 7-14%."  In one case, it found the bill was overstated by 300%! This is clearly unacceptable.

 

An interesting test that the consulting firm performed was with a brand new iPhone that had all of the services disabled.  After 10 days, AT&T said the phone had used 2,292 KB of data, even though the phone was not used EVER during that time period.  This class action suit includes the following charges: breach of contract, unjust enrichment, and unlawful, unfair and fraudulent business practices in violation of the Unfair Competition Law in the California Business and Professions Code.

Mountain State University Breaks Promises Resulting in Breach of Contract Lawsuit

Three students of Mountain State University are suing the university for fraud and for breach of contract.  Additionally, they are also suing Board of Trustees such as Charles H. Polk.  The three students claim that when they were admitted, the university stated that the program they were admitted to was accredited by the NLNAC and the WVBRN.  However, the students later found out that the program was not accredited as the university publicized and promised.  Consequently, they claim that Mountain State University failed to fulfill its obligations to its students.

 

The three students claim that they have suffered monetary loss, loss of income, loss of educational opportunities, loss of opportunities for career advancement, loss of employment opportunities, significant debt, inconvenience, emotional pain, interference with family relationships, personal embarrassment, mental anguish, loss of enjoyment of life, humiliation and loss of professional reputation.  The university and Board of Trustees failed to provide the quality of education that they promised, made false representations and omitted material facts. 

ION Wins $21.7 Million Jury Verdict Against Greatbatch

DigiBIRD Battery Supplier Found Liable for Fraud, Unfair Trade Practices and Breach of Contract

ION Geophysical Corporation (NYSE: IO) today announced that on October 1, 2009, the jury returned a verdict in its favor in a lawsuit filed by ION against operating subsidiaries of battery manufacturer Greatbatch, Inc. (NYSE: GB), including its Electrochem division, in the 24th Judicial District Court for the Parish of Jefferson in the State of Louisiana.

ION filed the lawsuit in 2002, alleging that Greatbatch had fraudulently misappropriated ION's product designs and other trade secrets related to the batteries and battery pack used in ION's DigiBIRD® marine towed streamer vertical control device and used ION's information to manufacture and market competing batteries and battery packs. The jury found that Greatbatch committed fraud, violated the Louisiana Unfair Trade Practices Act and breached a trust and nondisclosure agreement between Greatbatch and ION, and awarded ION $21,733,411 in damages. In addition to the jury award, ION will be entitled to recover its attorneys' fees and costs related to the case, along with prejudgment interest accruing from the date of filing of the lawsuit.

SOURCE ION Geophysical Corporation

Milestone Construction Management Wrongfully Terminated

On October 26th, 2007, a three member American Arbitration Association panel unanimously found the Pennsbury School District liable for wrongfully terminating and breaching its contract with Milestone Construction Management, Inc. and wrongfully withholding payments to Milestone in bad faith. The Bucks County, Pennsylvanian school district was ordered to pay over $1,000,000.00 in damages to Milestone and to Milestone's bonding company. In addition, the panel ordered the school district to indemnify Milestone in an amount not to exceed $333,352.39 for payments made by the bonding company to several of Milestone's subcontractors and suppliers. On December 30, 2008, the court granted Milestone Construction Management's Motion to Compel Pennsbury School District to proceed back to arbitration to finalize the claim of indemnity based on the amount Milestone Construction was required to pay Centennial Insurance Company under the indemnity agreement.

The Arbitrators' decision was handed down after more than thirty days of testimony involving dozens of witnesses.

The school district contracted with Milestone in the Spring of 2003 to perform the general construction for additions and alterations to Manor Elementary School, located in Levittown, PA. Despite significant problems with the plans and specifications that had been prepared by the Architect, Daley and Jalboot, and delays in obtaining required permits, the school was open and ready for the start of the 2003-2004 school year.

Milestone is represented by Bruce L. Phillips, esquire, of Venzie, Phillips and Warshawer, in Philadelphia.

Milestone Construction Management, founded in 1999 by Rocco Cavallo, is a full service construction management firm, providing a wide range of preconstruction and construction services throughout the Delaware Valley.

SOURCE Milestone Construction Management