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8 Jan, 2007 6:00 am by Kimberly A. Kralowec
In Blockbuster, Inc. v. Galeno, ___ F.3d ___ (2d Cir. Dec. 26, 2006), the Second Circuit held that CAFA did not change the ordinary rule that the removing party bears the ... that CAFA has not changed the traditional rule that the party asserting federal jurisdiction bears the burden of establishing jurisdiction). .... .... Blockbuster must show that it appears to a "reasonable probability" that the aggregate claims of the plaintiff class are in excess of $5 million. Mehlenbacher v. ...
The UCL Practitioner - http://www.uclpractitioner.com/
28 Jan, 2007 4:43 am
Michael Hoenig, Atkins Diet Alleged Harm; CAFA's Jurisdictional Demands, 1/08/2007 N.Y.L.J. 3, Volume 237 (2007). In the Products Liability section of January's issue of the New York Law Journal, Michael Hoenig reviews two interesting new opinions. In Gorran v. Atkins, Judge...
Class Action Fairness Act Blog - http://www.cafalawblog.com/
25 Apr, 2008 7:49 am by Marta Kowalczyk
... Introduction On April 14, 2008 Blockbuster Inc. announced publicly its offer to purchase electronic retailer Circuit City Inc. Blockbuster has been in talks with Circuit City ... billion for the transaction. [2] This is equivalent to $6 to $8 a share in cash for the company. [3]Blockbuster also stated that they were willing to pursue alternative deal structures to enable Circuit ... 13] Id. [14] Id. [15] Id. [16] Scott D. Anthony, Blockbuster's Bid for Circuit City, Business Week, Apr. 14, 2008, available ...
The Journal of the Business Law Society - http://www.law.uiuc.edu/bljournal/
12 Sep, 2006 10:20 am by C. Keir
law.com reports: A legal clash between Blockbuster Inc. and Netflix Inc. has triggered a patent debate over who has the right to offer DVD-rental services over the Internet. The ... renting movies over the Internet an original idea that deserves patent protection? Netflix claims it is, and is suing Blockbuster for patent infringement for allegedly copying its seven-year-old online movie-rental business method. Netflix Inc. v. Blockbuster Inc., No. C 06 2361 (N.D. Calif.) Blockbuster is countersuing; ...
Richmond IP Blog - http://ipinstitute.blogspot.com
24 Jun 3:00 am by Victoria VanBuren
... 's motion to compel arbitration in a class-action privacy suit. In Harris v. Blockbuster, Inc., No. 3:09-cv-217-M (N.D. Tex. Apr ... 's consent. The Act provides for liquidated damages of $2,500 for each violation. Blockbuster filed a motion to compel arbitration. Addressing the plaintiffs allegations that the arbitration provision is unenforceable ... .karlbayer.com%2Fblog%2F%3Fp%3D2151'; addthis_title = 'Texas+Federal+Court+Finds+Blockbuster%26%238217%3Bs+Online+User+Agreement+%26%238216%3BIllusory%26% ...
Disputing - http://www.karlbayer.com/blog
28 Jun, 2007 12:25 am by Lawrence B. Ebert
DowJones reported: Home video rivals Blockbuster Inc. and Netflix Inc. have settled their patent dispute over Blockbuster's creation of an online service that ... Netflix's. In a Securities and Exchange Commission filing on Wednesday, June 27 Blockbuster said the two companies had resolved their patent litigation, but said ... . Netflix filed suit in April 2006, alleging that Blockbuster copied its methods for online home video rental orders. Blockbuster then countersued shortly after, claiming Netflix ...
IPBiz - http://ipbiz.blogspot.com
10 Jun 11:26 am by Eric
... Eric Goldman Harris v. Blockbuster Inc., 2009 WL 1011732 (N.D. Tex. April 15, 2009). The Justia page. [I've been sitting on this case ... -standard and entirely typical introductory clause to its user agreement, which said: Blockbuster may at any time, and at its sole discretion, modify these Terms and ... other defects, the judge notes that "there is nothing in the Terms and Conditions that prevents Blockbuster from unilaterally changing any part of the contract other than providing that such changes ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
17 Apr 7:21 am by Venkat
... conditions (particularly arbitration provisions) is becoming an increasingly complicated affair. (The case is Harris v. Blockbuster Inc., 2009 U.S. Dist. Lexis 31531, 3:09-CV-217-M.) Background: This dispute arose out of Facebook's ill-fated "beacon" ... a couple of related disputes in other jurisdictions, but this lawsuit appears to be only against Blockbuster.) Plaintiff sued alleging that the practice of broadcasting video rentals was a violation of the Video Privacy Protection ...
Spam Notes - http://spamnotes.com
16 May 8:42 am by Mehmet Munur
... plaintiff-employee." The District Court, relying on Morrison v. Amway and the underlying Texas precedent, concluded that the Blockbuster arbitration provision was illusory. Based on this web of Texas Supreme Court, Circuit Court, and District Court opinions, ... only to disputes arising after reasonable notice to counter any arguments that the contracts are illusory. The cases are Harris v. Blockbuster Inc., No. 09-217, (N.D. Texas Apr. 15, 2009) and Morrison v. Amway, 517 F.3d 248 (5th Cir. 2008).
Tsibouris Privacy & Technology Law Blog - http://www.tsibouris.com/blog/
17 Nov, 2008 3:39 pm by Sonya Hubbard
Over the past 23 years, Blockbuster, Inc. (BBI) has made a lot of money by renting and selling Hollywood dramas. But the financial drama that the company is involved in now is surely one that its executives, ... television. But it takes money to make those extensive renovations, and that's the problem. The credit freeze is still on, and - in Blockbuster's words - "The recent extraordinary and unexpected limitations in domestic and international capital and credit markets have significantly limited ...
footnoted.org - http://www.footnoted.org
27 Jun, 2007 8:10 am by Doug Isenberg
Video rental chain Blockbuster Inc. said it settled a patent dispute with rival Netflix Inc. that challenged Blockbuster's entry into online DVD rental, but it signaled that the new business was taking a toll on its finances. Blockbuster will not make changes to its Web site or business model as a result of the patent lawsuit settlement, a spokeswoman said. Read the article: Reuters
GigaLaw.com Daily News - http://www.gigalaw.com/news/index.html
28 Dec, 2006 5:11 am by Michael J. Hassen
... Case to District Court for Further Proceedings Plaintiffs filed a putative class action against Blockbuster in New York state court challenging the company's "No Late Fee" program as ... that in order to avoid the late fees the transaction was converted from a video rental to a video sale. Blockbuster, Inc. v. Galeno, ___ F.3d ___, 2006 WL 3775326, *1 ... court's ruling, but issued is opinion explaining that order more than nine (9) months later. Galeno, at *1. Download PDF file of Blockbuster v. Galeno
Tags: 10CAFA
Class Action Defense Blog - http://classactiondefense.jmbm.com/
17 Nov, 2006 7:27 am by lpbncontracts
The New York Times reports that Blockbuster Inc. has reached a deal with Bob and Harvey Weinstein that will give Blockbuster exclusive rights to the Weinstein brothers' movies through 2010. The purpose of the agreement seems to be to prevent...
Tags: News
ContractsProf Blog - http://lawprofessors.typepad.com/contractsprof_blog/
16 Mar, 2005 7:02 am by Amit Patel
[JURIST] Leading Wednesday's corporations and securities law news, staff at the Federal Trade Commission (FTC) [official website] will recommend the agency block Blockbuster Inc.'s [corporate website] prospective bid to buy Hollywood Entertainment Corp. [corporate website] saying the deal would hurt competition in the market for video rentals. The staff will make a formal recommendation to the
JURIST - Paper Chase - http://jurist.law.pitt.edu/paperchase/
2 Jun 10:41 pm by Mitch Jackson
After a four year investigation by the Los Angeles and San Diego county district attorney's offices, Blockbuster Inc has agreed to pay damages for overcharging customers more than the advertised price on items when scanned at check-outs. California provides consumers with many avenues to protect their legal rights. Always feel free to give us a call if you believe your legal rights have been violated. Details at www.JacksonWilson.com
California Personal Injury and Wrongful Death Blog - http://jwinjuryblog.com
28 Jan 3:54 am
... class action against the directors of Viacom (including Sumner Redstone, Chairman and CEO of Viacom), Blockbuster, National Amusements, Inc. ("NAI") (the controlling stockholder of Viacom) and CBS Corporation in alleging that, in connection ... relied on the cash flow analysis that led to the reclassification or that the announced restatement caused a market price decline for Blockbuster's stock; (iii) that the cash flow analysis performed by a midlevel treasury manager of a subsidiary corporation ...
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
3 Dec, 2006 10:41 pm by Lawrence B. Ebert
"When you live by the blockbuster, you can be badly hurt when the blockbuster fails to materialize," said Steve Brozak, an analyst with WBB Securities, who predicted Pfizer shares would tumble 15 percent on Monday. Investors were counting on torcetrapib to ... of Lipitor's lost sales. Pfizer shares plunged to about 20 dollars a year ago when Indian drugmaker Ranbaxy Laboratories Inc. said it would produce a generic form of Lipitor. But last December a federal judge upheld the validity of Lipitor's ...
IPBiz - http://ipbiz.blogspot.com
29 Mar, 2007 12:45 am by A. Benjamin Spencer
... a recent decision by the United States District Court for the Central District of California, Yeroushalmi v. Blockbuster, Inc., 2005 WL 2083008 (C.D.Cal. July 11, 2005), overruled by Abrego Abrego v. Dow Chem. Co., 443 F.3d 676 (9th Cir ... the traditional rule and that defendant bears the burden of establishing federal subject matter jurisdiction. Blockbuster must show that it appears to a "reasonable probability" that the aggregate claims of the plaintiff class are in excess of $5 ...
Federal Civil Practice Bulletin - http://federalcivilpracticebulletin.blogspot.com
... in TARP to include a "say on pay" vote in proxy statements filed after February 17, 2009. To date in 2009, approximately 24 non-TARP companies, including Intel Corporation, Verizon Communications Inc., Motorola, Inc. and Blockbuster, Inc., have also conducted "say on pay" votes. Results have been tracked for 127 companies whose shareholders voted on "say on pay" proposals. As of September 28, 2009, "say on pay" proposals at these 127 ...
The Harvard Law School Corporate Governance Blog - http://blogs.law.harvard.edu/corpgov
22 Apr 7:55 pm by David Johnson
... time" and that all modifications would be effective immediately upon being posted on the site. Because Blockbuster could modify the terms of the arbitration clause at will, the arbitration provision was illusory. As a result, the Court denied Blockbuster' ... can be contacted at (310) 785-5371 or DJohnson@jmbm.com. Notes Fn1 Harris v. Blockbuster, Inc., Northern District of Texas, No 3:09-cv-217-M. Fn2 517 F.3d 248 (5th Cir. 2008). Fn3 A notice of interlocutory appeal has been filed by Blockbuster.
Digital Media Lawyer Blog - http://www.digitalmedialawyerblog.com/
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