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22 Oct, 2008 1:00 pm
In Cundiff v. Verizon California, Inc., ___ Cal.App.4th ___ (Oct. 16, 2008), the Court of
Appeal (Second Appellate District, Division Three) construed Code of Civil Procedure section 384, which addresses "unpaid residuals ... Here, no fund was established at the time final
judgment was entered. However, after the claims were administered and Verizon deposited the money necessary to pay the claims, a fund was
created. The unclaimed funds at issue are the 'unpaid residue' of that ...
6 Nov, 2008 12:02 pm
... it "engaged in unfair business practices by improperly billing residential customers for rented telephone equipment." Cundiff v. Verizon
California, Inc., 167 Cal.App.4th 718 (Cal.App. October 16, 2008) [Slip Opn., at 2]. ... valid, id. The parties could not agree on the
disposition of the unclaimed funds: plaintiffs' counsel sought to amend the judgment under California Code of Civil Procedure section 384 so as
to direct the administrator to disburse the unclaimed funds pro rata to the designated ...
8 Jan 8:17 am
... a guest post by contributor Brian Beckham] Plaintiff Verizon California, Inc.
(Verizon) recently obtained a default judgment in the U.S. District Court for the Northern District of California, San Jose Division, in its favor against Defendant ... further enjoined from directly or indirectly (i) registering, trafficking in or using any
domain name that is identical or confusingly similar to the Verizon marks and (ii) assisting, aiding or abetting any other person or business
entity in engaging in or ...
2 Aug, 2008 6:10 am
By Eric Goldman Verizon California, Inc. v. Navigation Catalyst Systems, Inc., 2008 WL
2651163 (C.D. Cal. June 30, 2008). The Justia page. ... to assess damages (it was just an injunction request), it's clear from the strongly worded opinion that Verizon will get paid if the case gets that far. As a result, this is a major loss for domainers ... domains have nothing to do with anyone's trademark, but
some were typographical error versions of Verizon's trademarks (allegedly, nearly 1400 were variations ...
10 Feb 3:54 pm
... s authority to discipline a telephone service provider for wooing customers who decided to switch to a rival. Verizon received customer
change requests from alternative service providers (i.e., cable companies) ... of impending customer losses to sweet talk the customers into staying. The FCC concluded that
Verizon's conduct violated 47 U.S.C. 222(b), which prohibits ... . Circuit sustained the FCC's order and denied Verizon's petition for review. Verizon California, Inc. v. Federal
Comm. Comm'n, No. 08- ...
30 Jul, 2008 9:32 pm
... - thereby resulting in poor service for the customers of its competitors. One of those customers, Trinko, sued Verizon, alleging that the
poor service was part of a scheme to discourage customers from signing on, or remaining, with its rivals. The Supreme ... highly complex industry, a task for which judges are
ill-equipped. LinkLine Communications, Inc. v. SBC California, Inc. 503 F.3d 876 C.A.9 (Cal.),2007. 3. The Ninth Circuit
eventually rejected AT&T's reliance on Trinko. For one thing, the ...
20 Jul, 2007 3:25 am
... -chip deal, but Qualcomm turned Broadcom down. The move was certainly unexpected. Verizon had initially voiced support for Qualcomm, which
lost a patent infringement case ... Times noted: Stepping out of a raging dispute between two Southern California chip makers, Verizon Wireless said Thursday it would pay licensing fees to Broadcom ... analysts expected. The agreement puts more pressure on San Diego-based Qualcomm
Inc. to settle a series of patent violations alleged by Broadcom. **See also http://ipbiz ...
3 Oct, 2007 8:28 pm
... was also just selected for and interviewed on the "Insider Exclusive's" "Southern California's Premier Law Firms " TV Show. Mr. Miller
wants readers to know about how Verizon Wireless unveiled three new cell phones on Wednesday for the holiday season, including a high-end
handset named Voyager that will compete with Apple Inc's iPhone. The Voyager, made by LG Electronics, trumps the iPhone by offering faster wireless Web access. But in a nod to
...
20 Apr 4:49 am
... in various acts that decrease competition and increase costs to consumers. Lorenzo v. Qualcomm Inc., ___ F.Supp.2d ___ (S.D.Cal. March 3, 2009) ... " because he purchased a
Palm Treo and a Blackberry Curve from Verizon, and receives cellular service from Verizon. Id., at
3-4. The class action also alleged that " ... passed along to consumers, id. The class action asserted causes of action for violations of (1) California's Cartwright Act (the state counterpart of the federal Sherman Antitrust Act), (2) ...
10 Sep 6:00 am
Verizon California Inc. v. OnlineNIC, Inc., 2009 WL 2706393 (N.D. Cal. 2009) Judge
Fogel of the federal district court in San Jose issued ... million dollar statutory damages award. The facts of this case are not kind for OnlineNIC. Verizon obtained a default judgment against the company for cybersquatting. OnlineNIC eventually responded, seeking ... Mr. Liu's "demonstrably false
representations in … sworn declarations); see also Verizon Opening Br., at 14 n. 12 (citing evidence of OnlineNIC's repeated ...
2 Oct 1:47 am
... on punitive damage awards apply to statutory damages. Verizon v. OnlineNIC, Inc. The new case, Verizon California Inc., v. OnlineNIC, No. C 08-2832 JF ( ... § 1117(d). After finding that the defendant had
engaged in various willful misdeeds, the court awarded Verizon $50,000 per violation, totaling $33.15 million. The defendant challenged the ...
, 251 U.S. 63, 66-67 (1919)); see also Zomba Enterprises, Inc., 491 F.3d at 587 ("Regardless of the uncertainty regarding the application of Gore and Campbell ...
9 Jan 3:00 am
... the Subscribe page: [duncanbucknell.com] Highlights this week included: District Court C D California: another victory for Web 2.0,
transcoding doesn't block 'safe harbor' ... - China Law Insight) (Part II - China Law Insight) Perfect 10, Inc v CCBill LLC - Insights on the applications of the safe harbor
principle and how this is applied in ... cybersquatting lawsuit and gets sued in another: Verizon California, Inc v OnlineNIC Inc and Yahoo! Inc v OnlineNIC, Inc (Technology & Marketing Law Blog) ...
2 Jan 12:02 pm
... a bad faith argument if Yahoo chooses to go that route. Verizon California, Inc. v.
OnlineNIC Inc., 5:08-cv-02832-JF (N.D. ... violated the Anti-Cybersquatting Consumer Protection Act: Defendant's actions with respect to Verizon's trademarks undoubtedly violated the ACPA. Defendant has registered hundreds of domain ... of fictitious business entities, shell corporations, and
kiting of its domain names. This builds on Verizon's early win against Navigation Catalyst that certain domaining practices can ...
9 Sep 2:03 am
... $100,000 each for the 5 trademarks infringed ($500,000) -- a total of $710,000. • Verizon California, Inc. v. OnlineNIC, Inc., U.S.D.C., Northern District of California ... suit against
OnlineNIC, which at one time was one of the most prominent domain-name registrars. Verizon claimed that OnlineNIC had improperly registered and
monetized 663 domain names that were ... the U.S. Supreme Court with outsized punitive damage awards in BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996) and State Farm
Mut. ...
23 Jan, 2007 9:03 am
... settlement of patent litigation between the parties and that, as part of the settlement, PetMed Express, Inc. has agreed to pay an undisclosed sum for a nonexclusive license
under a comprehensive portfolio ... Cellco Partnership d/b/a Verizon Wireless, Certegy Inc., Dell Inc., Delta Air Lines,
Inc., Edward D. Jones & Co., L.P ... Synovus, The Gallup Organization, T. Rowe Price Associates, Inc., The Vanguard Group, Inc., Verizon California Inc. and its affiliates, Wachovia Corporation, and Wells Fargo ...
15 Jan 1:00 pm
... that will benefit the class or similarly situated persons," notwithstanding the claims-made nature of the settlement. Cundiff v. Verizon
California, Inc. (2008) 167 Cal.App.4th 718. In Cundiff, the parties reached an agreement for a claims-made ... that provision, it would
appear that any unclaimed checks in a wage and hour settlement should escheat to the State of California's unclaimed property program, at least
to the extent that the checks represented wages. You can download a copy of Cundiff ...
27 Dec, 2007 6:47 am
... reported today, December 27, 2007: Thursday morning, Denver, Colorado-based telecommunications company Qwest Communications International Inc. said it has settled the patent
litigation with Ronald A. Katz Technology Licensing for an undisclosed amount. Under the settlement plan, ... Lynch & Co., Inc., Microsoft, Morgan Stanley, Prudential
Financial, Inc., Sears, Roebuck and Co., Sprint Corp., Sunoco, Inc., Verizon California
Inc. and its affiliates, Wachovia Corp., Walgreen Co., Wal-Mart Stores ...
28 Jan 3:00 pm
The Supreme Court of California has denied a depublication request by California Employment Law
Council in Cundiff v. Verizon California, Inc. (2008) 167 Cal.App.4th 718, a case concerning
Code of Civil Procedure § 384 and the disposition of unpaid residuals in claims-made settlements in class action lawsuits. We mentioned the case in a post earlier this month.
18 Mar 9:29 am
... CV 09 0784 EMC) filed in U.S. District Court for the District of Northern California, United will pay $850,000 to a class of employees with
disabilities and has agreed ... take prompt and appropriate corrective action to end the harassment." PA - "Verizon Pennsylvania Inc.
has agreed to pay $37,000 and furnish other relief ... U.S. Equal Employment Opportunity Commission (EEOC) . . . . The EEOC charged in its lawsuit that Verizon fired Senior Field Clerk [plaintiff] about 10 days after she complained ...
12 Feb, 2008 11:02 am
... the National Security Agency's warrantless wiretapping program. Ann Brick is co-counsel in Campbell v. AT&T and Riordan v. Verizon
Communications, Inc. These cases were joined together with over 40 others that are now pending before U.S. District Court Judge Vaughn Walker in California. Ann says: The ACLU is pursuing this case for the same reason it brings all its cases: to protect civil liberties from illegal encroachments by the
government. ...
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