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3 Jun 6:00 am
Costco Wholesale Corporation v. Omega, S.A. (Cert petition
May 2009) Costco filed a cert petition on May 21 in a case that addresses an absolutely brilliant copyright and economics issue. The case may
... unauthorized. In contrast, liability for tortious interference with contractual relations, an intentional tort, would require that Omega show that Costco had knowledge of the contractual relationship limiting importation. Secondly, the Copyright Act's statutory damages and Attorneys' fees provision ...
26 Dec, 2008 6:05 pm
... developments in California law, you already know that this is a post about a new issue in overtime litigation. In Marin v. Costco
Wholesale Corporation (December 23, 2008), the Court of Appeal (First Appellate District, Division
One), in a case of ... ???s bonus plan comports with the rationales for the pertinent sections of the Manual. (Slip op., at p. 13.) The primary reason that Costco's bonus plan caused any difficulty is that it operates as a hybrid of a "production" bonus and a "flat amount" ...
18 Mar, 2007 9:31 am
ISSAQUAH, WA - (MARKET WIRE) - 03/16/07 - Costco Wholesale Corporation ("Costco")(NASDAQ: COST) ("the Company") released the following statement: On March 15, 2007, the
Company was served with a grand jury subpoena from the United States Attorney's Office in the Western District of Washington. The subpoena seeks documents and information relating to
the granting of stock options. The Company will cooperate fully with the ...
10 Jul, 2008 1:35 am
I previously covered the decision in Costco Wholesale Corp. v. Superior Court (2008) [no longer
citeable] in the context of a discussion about PMQ depositions. While the premise of that post remains valid, the use of Costco as an example
does ... issues: (1) Does the attorney-client privilege (Evid. Code, section 954) protect factual statements that outside counsel conveys to corporate counsel in a legal opinion
letter? (2) Does Evidence Code section 915 prohibit a trial court from conducting an in ...
5 Mar, 2007 4:32 pm
State of Oregon Supreme Court Costco Wholesale Corp. v. City of Beaverton March 5, 2007 Oregon
Supreme Court | Decision on Review, 206 Or App 380 (2006) | Audience Questions Petitioner City of ... annex several properties as "island" annexations under ORS 222.750. ORS 222.750
permits a city to unilaterally annex territory that is "surrounded by" the corporate boundaries of the city, without the consent of property owners or residents… More here. This
podcast was recorded on March 5, 2007 at Lewis & ...
Listen Now:
5 Oct 4:00 pm
Well, we didn't get a cert decision in Costco Wholesale Corporation v. Omega, S.A. but we did get a bombshell. The Supreme Court has invited the Solicitor General to file a brief on behalf of the United States.
It'll be interesting ... you very much hope you won't be asked." Here are the documents from the Court docket: Petition of Writ of Certiorari (Costco) Brief of Amicus Curiae Public Citizen in Support of Petitioner Brief of Amici Curiae Public Knowledge, Electronic ...
30 Jul 2:12 am
... website. Further, Plaintiff owns several copyright registrations for its variety of DVDs. Plaintiff purchased allegedly infringing P90X® DVDs from several Costco stores across the country. Plaintiff complains that "despite receiving notice of its infringing activities, Costco has continued to market, sell ... DVDs in violation of Plaintiff's federal copyright" registrations and registered trademarks. The case is Product
Partners, LLC v. Costco Wholesale Corporation, CV 09-04990
GW (C.D. Cal. 2009).
20 May 12:00 pm
... Investment Officer of the New York City Pension Funds, William C. Thompson, Jr. today called on Costco Wholesale Corporation to accept Supplemental Nutritional Assistance Program (SNAP) payments, commonly referred to as
food stamps, at ... reputational risk for Costco." Thompson continued in his letter, which can be viewed at www.comptroller.nyc.gov, "at a time
when Costco is poised to open a facility in East Harlem - where tens of thousands of residents receive SNAP - such refusal is both contrary ...
21 May 4:44 am
Costco Wholesale Corporation ("Costco") has filed a petition for writ of certiorari with the U.S. Supreme Court seeking to revisit and reconsider the proper interpretation of the first sale
rule for foreign manufacturing and sales of products. ... U.S. 135 (1998). The Ninth Circuit upheld that the resale of the products was not protected by the first sale doctrine.
According to Costco: "The words "lawfully made under this title" quite clearly do not mean "manufactured in the United States, and also ...
28 Apr, 2008 5:06 am
... putative labor law class action against Costco alleging that it "misclassified certain managers as exempt employees." Costco Wholesale Corp. v. Superior Court, ___ Cal ... prepared a 22-page letter dated August 4, 2000, addressed to
Costco's corporate counsel. Id. Internal meetings followed, attended by in-house counsel, and ... attorneys objected to the referee's
recommendation, and requested that the trial court rule on Costco's objection without reviewing the letter, id., at 352. The trial court agreed
...
10 Jul, 2007 2:27 pm
... and wine in grocery and convenience stores, and is making headway on a petition that could put the issue before voters. "The wholesalers, I think, are primarily concerned
about losing revenue with the large retailers if it does get in grocery stores," he said. "I think they're more concerned about leaving the door open for large retailers to bypass (the
wholesalers)." Recently, Costco, a large discount chain, challenged alcohol distribution laws in Washington state and won the right to
order ...
26 Aug 5:02 pm
... of being one of thenation's worst abusers of eminent domain. The Empire State Development Corp. (ESDC) and localities have approved condemnation of property for a huge range of
wealthy private entities, including the New York Stock Exchange, Costco, Stop & Shop and Columbia University. The latest outrage is the
effort by the Empire State Development Corp. to take homes and other private property for Bruce Ratner's Atlantic Yards stadium development. There are owners who don't want to sell ...
12 Mar, 2008 12:36 pm
... et al., 06-35538,06-35542, 06-35543 (January 29, 2008). As a result, regulations that Costco Wholesale Corporation alleged were in violation of federal antitrust laws, by limiting competition and causing
retailers to charge ... of Washington's "three-tier" system of manufacturers, distributors, and retailers, prohibits retailers in Washington such as Costco from purchasing alcohol products directly from manufacturers, forcing them instead to purchase from distributors, and prohibiting them from ...
3 Jun 8:15 am
... Which, if history is any indication, Perfect 10 is already drafting the papers (joke). 3: Cert Watch: Costco Wholesale Corporation v. Omega, S.A. Finally today, we have a small dose of copyright fail, though I am ... within
the U.S., at least according to the 9th Circuit. However, that creates a series of problems with copyright law, which Costco highlights in its
reply. The biggest is that it encourages companies to move manufacturing and the creation of copyrighted works overseas, and could be used ...
2 Jun 7:13 am
... over an unwanted secret ingredient he claims turned up in his tuna sandwich. More than two years after Robert McKenna says he nearly choked on a bone in his tuna, the retired NYPD
lieutenant says the incident still sticks in his craw. So McKenna is filing a $100,000 lawsuit against Bumble Bee and Costco, where his wife
bought the six-ounce cans of solid white albacore she used to make the sandwich." Article: Posted in Company News, Lawsuits Tagged: Bumble Bee, Costco, Lawsuit, Linkedin, tuna
21 Jan 4:00 pm
... Corp. (2008) 169 Cal.App.4th 804 reviewed the bonus/overtime payment plan of Costco, and reversed a $5.3 million class action judgment.
This case concerns the lawfulness of defendant Costco Wholesale Corporation's formula for computing overtime compensation on semi-annual bonuses paid to hourly employees. ... pages. If you have a bonus/overtime case that
could be affected by the holding in Marin v. Costco, you can download the full text of the opinion here in PDF or Word format. A petition for
...
2 Apr 3:14 pm
In its April 1, 2009 Conference Report, the California Supreme Court noted that Petitions for Review were denied in Ghazaryan v. Diva Limousine, LTD. (2009) 169 Cal.App.4th 1524 and
Marin v. Costco Wholesale Corporation (2008) 169 Cal.App.
4th 804 (among other denials). You can read about Ghazaryan on this blog here, and Marin here.
20 Jul 3:02 am
... following amounts, which the court recently approved: Ikea Illinois, LLC: $994,241 Attorney's Fees, $30,196 Costs Lowe's Home Centers, Inc.: $815,512 Attorney's Fees Costco Wholesale Corporation: $642,500 Attorney's Fees, $6,000 Costs Total
amount: $2,488,449 Read the original SJ opinion here (link) Read the Ikea award here (link) Read the Lowe's award here (link) Read the Costco
award here (link)
5 Oct 6:00 am
... day we hear whether the Supreme Court will grant cert in Omega SA et al v. Costco Wholesale
Corporation. The Supreme Court has in the past released cert decisions for cases they consider during their fall long conference on the
following Monday. The appeal was scheduled for conference on September 29, so that would put today as the date we would be likely to hear. Costco filed a supplemental brief on September 28 (that addressed the S.D.N.Y.'s September 25 decision in ...
7 May 8:00 am
... boards for Level 3 Communications, Inc., Peter Kiewit Sons' Inc., and Valmont Industries. The least tenured director is Ms. Decker. Ms. Decker was elected to the board in 2007. Ms.
Decker also serves on the boards for Costco Wholesale Corporation and Intel Corporation. CEO Compensation Mr. Warren Buffett, CEO and Chairman of the Board, received
$175,000 in total compensation in 2008. Berkshire Hathaway does not grant stock options to executive officers. The ...
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