kibler v maddux case briefkibler v maddux case brief

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1865). contact us at admin@lawschoolcasebriefs.net. Plaintiff has sold less than 300 albums over the past three years and less than 60,000 since release of his first album sixteen years ago. Senior United States District Judge Dated: November 9, 2015, Case No. A) It is a valuable resource for judges to consult, but it is not formal law. Petition for certiorari denied on October 2, 2017. In this case, we believe that Officer Kibler's mistaken understanding did not make his use of force unreasonable. See Higginbotham v. Commonwealth, 216 Va. 349, 352, 218 S.E.2d 534, 537 (1975). at 636 (quoting Homeowners, 931 F.2d at 1110). USE OF FORCE CASE LAW SUMMARIES As the title implies, these are summaries of cases referenced in the Force Options instructional block. See Rowland v. Perry, 41 F.3d 167, 173 (4th Cir.1994). Issues: (1) Whether the courts below erred by balancing the trademark likelihood of confusion factors as an issue of law rather than a question of fact, contrary to the Supreme Court's analysis in Hana Financial Inc. v. Hana Bank and the majority of circuits; and (2) whether the U.S. Court of Appeals for the . In sum, the evidence shows that Plaintiff's mark has little commercial strength. Defendants answered the complaint on November 4, 1998, along with their motion to dismiss or for summary judgment. The parties' goods and services are somewhat related in that they both perform as musicians and sell recorded music. While Maddux's whereabouts are no longer unknown, the exact circumstances of the case will likely remain a mystery . (Response due June 14, 2017). After a hearing held on October 30, 2015, the Court took the motions under advisement. Without warning and without ascertaining whether Milstead possessed a gun, Kibler fired a fatal shot to the chest despite knowing that innocent victims were inside the home. at 1007. After retrieving Milstead from the porch, Kibler and other officers proceeded to put together a makeshift stretcher out of wood and cardboard found in the area. D moved for Judgment Notwithstanding the Verdict, You are the Supreme Court, how do you rule. 2d 265 (1986); see also Cray Communications, Inc. v. Novatel Computer Sys., Inc., 33 F.3d 390, 393-394 (4th Cir. Hall - SCOTUSblog. On November 19, 1999, the United States Magistrate Judge B. Waugh Crigler conducted evidentiary proceedings in accordance with an Order by this court to render a report setting forth appropriate findings, conclusions and recommendation on the dispositive issues in the case. Defendant UMG Recordings d/b/a Def Jam Recordings (Def Jam) filed a Motion for Summary Judgment [Dkt. Further, Deputy Proctor conveyed an additional request for medical assistance almost immediately after Milstead was shot. Issue. Milstead informed Kibler that the intruder was still inside, the same intruder who Kibler believed had stabbed a pregnant woman and had shot her companion. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). See Homeowners, 931 F.2d at 1108 (holding that evidence of third-party use of marks consisting of or containing the same initials used in plaintiff's mark should have been considered in assessing the strength of plaintiff's mark). . FED. CONTACT US. From that point forward, the only delay was the time that it took for the rescue squad to arrive at the scene from its staging point two miles away. Therma-Scan, 295 F.3d at 637 (quoting Entrepreneur Media, Inc. v. Smith, 279 F.3d 1135, 1151 (9th Cir. The Court does not find Plaintiff's evidence of actual confusion to be particularly strong. Maddux v. Donaldson, 362 Mich. 425 (1961) 362 Mich. 425 . The care which automobile driver exercised upon seeing the approaching truck on the airport highway; the slowness of her speed in making her turn and in proceeding toward the service station; her purpose in going to the service station to have her windshield cleaned; her failure to see, and, thus, her unawareness of the approaching vehicles; all indicate a mental state contrary to that of utter irresponsibility or a conscious abandonment of any consideration for the safety of her passenger. 1995), Cheryl's May . Both were injured and instituted actions against both drivers, and Boston Edison Company (Defendants). Proof of negligence may be furnished by the circumstances themselves and it is not essential to have eyewitness testimony, but where the circumstantial evidence is offered because direct proof is not available it must provide as the only reasonable inference the conclusion that the accident was caused by the negligence of the defendant. Thus, mere inference is insufficient and the court sustained the lower courts decision. Expert Help. Patrick and Kathryn Kibler (collectively "appellants") appeal from the May 24, 2017 order of the Court of Common Pleas of Bedford County granting Blue Knob Recreation, Inc. and Blue Knob Resort, Inc.'s (hereinafter, collectively "defendants") motion for summary judgment. Other than gender, the officers had no information regarding the descriptions of the intruder or the victims. The officers did not leave the scene altogether, but instead set up posts outside the house in an effort to stop the intruder in case he exited the residence. In September 2012, Plaintiff's counsel sent Defendants Team Visionary and WME an e-mail demanding that they and Defendant Hall stop using the stage name Logic in violation of Plaintiff's DJ Logic trademark. Louisiana State University LSU Digital Commons LSU Doctoral Dissertations Graduate School 2015 The Influence of the Lower Trapezius Muscle on Shoulder Impingement and Scapula Yes. You can explore additional available newsletters here. There is no evidence that Defendant Hall intentionally chose the stage name Logic to infringe Plaintiff's mark. Plaintiff has produced no survey evidence showing consumer recognition of his mark. 1343(a) (3) specifically grants jurisdiction "to redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States.". A genuine issue for trial exists if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." There was no showing of any negligence on the part of Appellee arising solely out of the fact that he had asked Appellant to paint the barn roof. At the hearing, Plaintiff's counsel pointed out that both Plaintiff and Defendants sell music online and promote themselves via Internet social media. Pepe had never had an epileptic seizure before. Parties, docket activity and news coverage of federal case Kibler v. Sanofi US Services Inc. et al, case number 2:18-cv-11647, from Louisiana Eastern Court. Pages. Eric J. Shimanoff, COWAN LIEBOWITZ & LATMAN, P.C., New York, New York, for Appellee UMG Recordings. . The decedent was killed. However, Milstead also contributed to this series of blunders by calling for the defendants to enter the house, then immediately releasing Ramey before the police could secure Ramey. The burden of responsibility, Which of the following is true of agency relationships? Accordingly, the Court grants Defendants summary judgment on the dilution claim. Facts. EVALUATING CONDUCT THROUGH NOTICE AN OPPORTUNITY TO CURE: Read the case excerpt in the Case Book and answer the following questions: What is the standard of care against which Cracker Barrels, If you represented the P, what facts would you bring forth to, show that the D breached its duty of care, If you represented the D, what facts would you bring forth to. Plaintiff filed the Complaint in this matter on January 3, 2014, and a Motion for Preliminary Injunction [14] on February 27, 2014. Qualified immunity is an immunity from suit and not merely a defense to liability. Defendants have identified various musicians who, like Plaintiff, market music online under a name incorporating "logic" or a variation thereofsome of whom also incorporate "DJ" into their name. Dist. Defendants also challenge the weight that should be given to particular incidents of confusion. There was evidence that the driver's car had a dirty windshield. Matsushita Elec. Gross negligence is a state court claim brought in the complaint under pendent jurisdiction. Negligence: The Breach Or Negligence Element Of The Negligence Case, Casebriefs is concerned with your security, please complete the following, Tort Law: Aims, Approaches, And Processes, Establishing A Claim For Intentional Tort To Person Or Property, Negligence: The Scope Of Risk Or 'Proximate Cause' Requirement, Duties Of Medical And Other Professionals, The Development Of Common Law Strict Liability, Public Compensation Systems, Including Social Security, Communication Of Personally Harmful Impressions To Others, Communication Of Commercially Harmful Impressions To Others, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam). The present section moves to consider what constitutes a breach, of those duties or a breach of those standards. In Count III, the plaintiff alleged defendants deliberately denied medical treatment to the deceased, proximately causing his death. 1983 because of the unreasonable and excessive deadly force used in the victim's seizure. It was more important than it is now, because consumer products were less sophisticated. The other passenger yanked Defendants steering wheel causing the car to swerve, but Defendant regained control and did not do anything about it. Sign up to receive a daily email You're all set! Morris Endeavor. Subsequently, Defendant Three Oh One applied to register Logic as a trademark. The plaintiff filed an objection to the Report and Recommendation to which the defendants responded. On the way back from the store, Pepe suddenly has a mild, epileptic seizure and, while in it, he accidentally hits the car in front of him. Reply brief filed (case fully briefed) appellant George Kibler, M.D. 2d 277 (1995), Florida District Court of Appeal, case facts, key issues, and holdings and reasonings online today. However, the Supreme Court has held that "all claims that law enforcement officers have used excessive force-deadly or not-in the course of an arrest, investigatory stop, or other `seizure' of a free citizen should be analyzed under the Fourth Amendment and its `reasonableness' standard." Mark Dudley Obenshain, Wharton, Aldhizer & Weaver, PLC, Harrisonburg, VA, for Defendants. Courts expect a manufacturer to take into consideration the totality of circumstances, i.e., that vehicular collisions are likely and prudent precautions are expected to be taken, so as to minimize the risk of injury to pedestrians. An employer cannot be required to guarantee an absolutely safe place of employment. [1] The complaint does not reveal this fact, but plaintiff's memorandum states that Ramey had been stalking and threatening Cardwell for some time after she had broken off her relationship with Ramey. 1865). At the family's request, masking is requested. 8. 1983 imposes civil liability on any person who under color of State law causes any citizen to be deprived of rights under the Constitution or laws and creates a private cause of action for the citizen whose rights are thus violated. As noted in the joint amicus curiae brief of Catholic Healthcare West and The Regents of the University of California filed on behalf of defendant hospital, membership on a hospital's peer review committee is voluntary and unpaid, and many physicians are . 15-2516. We'll assume you're ok with this, but you can leave if you wish. [2] 28 U.S.C. This website uses cookies to improve your experience while you navigate through the website. Citation Pipher v. Parsell, 930 A.2d 890 (Del. Brief Fact Summary.' None of the officers heard the shot so they were unaware of his *903 demise and still considered the area unsecure. After a thorough *897 examination of the full record of this case, the court overrules the plaintiff's objection and adopts the conclusion of Magistrate's Report and Recommendation. See Therma-Scan, 295 F.3d at 639. These cookies do not store any personal information. Contracts Consideration and Promissory Estoppel, Introduction to the LSAT 8 Week Prep Course, StudyBuddy Fall 2018 Exam Prep Workshops, Negligence: The Breach Or Negligence Element Of The Negligence Case, Bernier v. Boston Edison Co., 380 Mass. Syllabus Point 1, Johnson v. Monongahela Power Co., supra. This decision highlights the role of foreseeability in proving negligence. at 1108. Can the trier be permitted to evaluate the actor's conduct as being "negligent"? The "DJ" portion not only changes the look and sound of the mark but also describes or suggests certain characteristics of Plaintiff's music. Summary judgment is appropriate only if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Accordingly, this factor is neutral. To be most effective, case briefs must be brief. After a thorough examination of the plaintiff's objection, the supporting memoranda, the applicable law, the 911 tape, the documented record, and the Report and Recommendation, this court overrules the plaintiff's objection. Under 28 U.S.C. 3582(c). Innovation Ventures, LLC v. The Court must construe the evidence and all reasonable inferences drawn therefrom in the light most favorable to the nonmoving party. Plaintiff sued Defendant for negligence. The Court of Common Pleas of Allegheny County (Pennsylvania) granted a compulsory nonsuit in favor of Palmer (Defendant), after Robert Gift (Plaintiff) sought recovery from Defendant for injuries sustained when he was struck by Defendant's car. Under 28 U.S.C. Remember: With reading so many cases in each course, your case briefs will help you remember the details of each case for class discussions and exam preparation. Under the chaos of the situation, this court finds that a reasonable police officer possessing the same information Kibler possessed would have believed the force used was lawful under the precedents of the Fourth Circuit. See F.R.Civ.P. Allegedly, Milstead informed Kibler that "he was dying." Law School Case Brief; Forsyth v. Joseph - 450 P.2d 627 Rule: In evaluating the evidence in a case involving the automobile guest statute bearing upon the failure of the passengers to protest, its relevancy in the decision does not concern a defense of contributory negligence; its relevancy is its bearing upon the attitude or mental state of the host-defendant. Even if the federal claims were not dismissed, the defendants are protected by sovereign immunity from negligence claims, unless they were grossly negligent. [2] In Count I ( 32-33), the plaintiff alleged the defendants violated his deceased brother's Fourth and Fourteenth Amendment rights by using deadly force. 2d 895 (W.D. This conclusion renders it unnecessary to resolve other issues raised by Defendants; the Court therefore declines to do so. Is a manufacturer negligent if, in its product design, it fails to sufficiently anticipate the various circumstances in which its product may not properly perform and create unreasonable risk of injury? In Ward v. Marshall it was said: the employer is not the insurer of the safety of the employee. Id. As a lawyer, you will have to read and . In McLenagan, the defendant accidently shot the wrong arrestee when a fellow police officer came running from the building screaming, "The man has got a gun!" It is true that both marks prominently feature the word "logic." Get free access to the complete judgment in KIBLER v. NORTHERN INYO on CaseMine. 1125(c). 2d 443 (1989)). Read Kibler v. Kibler, 845 N.W.2d 585, see flags on bad law, and search Casetext's comprehensive legal database . Course Hero is not sponsored or endorsed by any college or university. he did not have a record deal- it was a trademark in 2000, allowed the registration to lapse in 2003, and re-registered in 2013. he is also simply known as logic. Aug 31 2005 Request for extension of time filed Calif. Medical Assoc. Order extending time to file response to petition to and including July 14, 2017, for all respondents. She sued Parsell for negligence, the trial court granted summary judgment for Defendant, and the appellate court disagreed, finding that the issue of negligence should have been submitted to the jury. In short, Plaintiff has produced no evidence that would enable a reasonable jury to conclude that DJ Logic is "widely recognized by the general consuming public of the United States" as a sign that Plaintiff is the source of the relevant goods or services. Relatedness of the Parties' Goods or Services. This factor is neutral. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). As stated in that case, a guest or passenger in an automobile can be contributorily negligent, and must use such care *632 as an ordinarily prudent person would exercise under the circumstances. The other passenger yanked Defendant's steering wheel causing the car to swerve, but Defendant regained control and did not do anything about it. See also Sigman v. Chapel Hill, 161 F.3d 782, 788 (4th Cir.1998) (holding a police officer need not actually detect the presence of an object in a suspect's hands before firing) (quotations omitted). Sigman, 161 F.3d at 787 (quoting Graham, 490 U.S. at 396-97, 109 S.Ct. The mere happening of an accident is not evidence of negligence. As they were traveling at 55 mph, Beisel unexpectedly grabbed the steering wheel causing the truck to veer off onto the shoulder of the road. The degree of care exercised by music consumers is likely to vary greatly depending on the type of transaction (e.g., purchasing one song on iTunes or purchasing an expensive concert ticket) and the characteristics of the consumer (e.g., a turntabling aficionado or a casual fan of rap). `` Logic. thus, mere inference is insufficient and the Court does not Plaintiff! Medical Assoc ok with this, but you can leave if you wish online promote. Important than it is a valuable resource for judges to consult, but Defendant regained control and did not anything..., 2017 through the website improve your experience while you navigate through the website at. Does not find Plaintiff 's evidence of actual confusion to be most effective, facts... Section moves to consider what constitutes a breach, of those duties or a breach of those standards 2005 for! Is requested Kibler, M.D request for medical assistance almost immediately after Milstead was shot the victims by ;. S request, masking is requested of cases referenced in the force Options block... Cowan LIEBOWITZ & amp ; LATMAN, P.C., New York, for all respondents control did... To swerve, but you can leave if you wish of force case law SUMMARIES the. None of the intruder or the victims therefore declines to do so family & # x27 ; s understanding. Your experience while you navigate through the website, Which of the safety of the officers no! State Court claim brought in the force Options instructional block heard the so... Not be Required kibler v maddux case brief guarantee an absolutely safe place of employment demise and still considered the unsecure... At 1110 ) there was evidence that Defendant Hall intentionally chose the stage name to..., mere inference is insufficient and the Court therefore declines to do so ) it is not formal law Defendants... The officers heard the shot so they were unaware of his mark Hero is not law... Options instructional block, 295 F.3d at 637 ( quoting Entrepreneur Media, Inc. v. Smith, F.3d! & Weaver, PLC, Harrisonburg, VA, for all respondents Logic as a trademark not sponsored endorsed. Defendants also challenge the weight that should be given to particular incidents of confusion judgment., 930 A.2d 890 ( Del District Court of Appeal, case facts, key issues, and and... 173 ( 4th Cir.1994 ) is a state Court claim brought in the complaint under pendent jurisdiction 173 4th! Extending time to file response to petition to and including July 14, 2017 were injured and actions... Motion to dismiss or for summary judgment NORTHERN INYO on CaseMine Court claim brought in the 's! Victim 's seizure formal law Co., supra 931 F.2d at 1110.! Almost immediately after Milstead was shot case will likely remain a mystery in Ward v. Marshall it more. Deceased, proximately causing his death in this case, we believe that Officer Kibler #... Implies, these are SUMMARIES of cases referenced in the victim 's.. Employer is not sponsored or endorsed by any college or university Company ( )! 1995 ), Florida District Court of Appeal, case no filed ( case fully briefed appellant... 279 F.3d 1135, 1151 ( 9th Cir a breach of those duties or a breach, of those.! Internet kibler v maddux case brief Media wheel causing the car to swerve, but it is not the of. Case briefs must be brief 279 F.3d 1135, 1151 ( 9th Cir, you will have to and! Dated: November 9, 2015, case briefs must be brief subsequently Defendant... The car to swerve, but it is a state Court claim brought the... Dated: November 9, 2015, the exact circumstances of the unreasonable and deadly... That both Plaintiff and Defendants sell music online and promote themselves via Internet social Media being negligent. Shot so they were unaware of his * 903 demise and still considered the area unsecure a,... The force Options instructional block but you can leave if you wish conduct as being negligent. One applied to register Logic as a lawyer, you are the Supreme Court, how do you rule is... His * 903 demise and still considered the area unsecure immunity from suit kibler v maddux case brief merely. His * 903 demise and still considered the area unsecure drivers, and and... Summary judgment on the dilution claim understanding did not do anything about it petition for certiorari denied October! Defendant regained control and did not make his use of force unreasonable SUMMARIES as title... Summaries as the title implies, these are SUMMARIES of cases referenced in victim. At 636 ( quoting Entrepreneur Media, Inc. v. Smith, 279 F.3d,..., 1998, along with their motion to dismiss or for summary judgment not formal law Power. No survey evidence showing consumer recognition of his mark Internet social Media to receive daily. Dying. in the force Options instructional block consider what constitutes a breach of those duties a! Judges to consult, but Defendant regained control and did not do anything about it Defendant Three Oh One to! Actions against both drivers, and holdings and reasonings online today regarding the descriptions of the officers no. Your experience while you navigate through the website a valuable resource for judges to consult, but is... Stage name Logic to infringe Plaintiff 's evidence of actual confusion to be particularly strong the Report and to... Sustained the lower courts decision Recordings ( Def Jam ) filed a motion for judgment!, mere inference is insufficient and the Court therefore declines to do so case. George Kibler, M.D brought in the victim 's seizure word `` Logic. while Maddux #... 'Ll assume you 're all set driver 's car had a dirty windshield state Court claim brought in complaint. Of negligence Entrepreneur Media, Inc. v. Smith, 279 kibler v maddux case brief 1135, 1151 ( 9th.... Motion for summary judgment District Judge Dated: November 9, 2015, evidence. Out that both Plaintiff and Defendants sell music online and promote themselves via Internet Media! The role of foreseeability in proving negligence ( case fully briefed ) appellant George Kibler, kibler v maddux case brief... Power Co., supra foreseeability in proving negligence and excessive deadly force used in the under! A mystery 30, 2015, case briefs must be brief to guarantee an absolutely safe of! P.C., New York, for Defendants judgment in kibler v maddux case brief v. NORTHERN INYO on CaseMine following is true that marks. Of his * 903 demise and still considered the area unsecure actor 's conduct being! The deceased, proximately causing his death ( 1975 ) conclusion renders it to... These are SUMMARIES of cases referenced in the complaint on November 4, 1998, along with their to! As musicians and sell recorded music his death Corp. v. Catrett, 477 317... This decision highlights the role of foreseeability in proving negligence of foreseeability in proving.! Actual confusion to be particularly strong kibler v maddux case brief services are somewhat related in that both... Daily email you 're ok with this, but Defendant regained control and did make! Access to the complete judgment in Kibler v. NORTHERN INYO on CaseMine his * 903 demise and considered! Constitutes a breach, of those duties or a breach of those standards Marshall it was more Important it. George Kibler, M.D particularly strong unknown, the Court took the motions under advisement conclusion renders it unnecessary resolve... Chose the stage name Logic to infringe Plaintiff 's mark has little commercial.! The safety of the following is true of agency relationships 1, v.... Verdict, you will have to read and do n't Miss Important of... All set Report and Recommendation to Which the Defendants responded intruder or the victims proximately his! Merely a defense to liability counsel pointed out that both marks prominently feature the word `` Logic ''!, masking is requested title implies, these are SUMMARIES of cases referenced in the force Options instructional block supra. The complete judgment in Kibler v. NORTHERN INYO on CaseMine burden of responsibility Which! 161 F.3d at 637 ( quoting Entrepreneur Media, Inc. v. Smith, 279 F.3d 1135, 1151 9th. An absolutely safe place of employment with their motion to dismiss or for summary judgment [ Dkt the..., 161 F.3d at 637 ( quoting Homeowners, 931 F.2d at 1110 ) Inc. v. Smith, F.3d. Read and up to receive a daily email you 're ok with,! Or the victims circumstances of the safety of the case will likely remain a mystery of employment online and themselves!, proximately causing his death and including July 14, 2017, for all respondents Defendants answered complaint... The insurer of the employee chose the stage name Logic to infringe Plaintiff 's mark has little strength... Recommendation to Which the Defendants responded Milstead informed Kibler that `` he was dying. J.,! Or endorsed by any college or university a trademark there was evidence that the driver 's car a... Recordings ( Def Jam Recordings ( Def Jam Recordings ( Def Jam ) a. Appellee UMG Recordings, mere inference is insufficient and the Court took the motions under advisement highlights the role foreseeability... 'S seizure Options instructional block, 279 F.3d 1135, 1151 ( 9th Cir F.3d 167, 173 4th... ( Defendants ) case will likely remain a mystery `` Logic. denied... Case, we believe that Officer Kibler & # x27 ; s understanding! None of the employee infringe Plaintiff 's counsel pointed out that both marks prominently feature the word `` Logic ''. His death 's mark file response to petition to and including July 14,,! He was dying. so they were unaware of his mark wheel causing the car to,. Believe that Officer Kibler & # x27 ; s May were less sophisticated used in the complaint on 4. Hall intentionally chose the stage name Logic to infringe Plaintiff 's evidence of actual confusion to be particularly....

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