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Missing Cougar Company v. Edgar Rice Burroughs, Inc.

No. 91189827 (T.T.A.B. Apr. 7, 2010)
Missing Cougar Company v. Edgar Rice Burroughs, Inc.

5 Cited authorities

  1. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 17,390 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

  2. Kloth v. Microsoft Corp.

    444 F.3d 312 (4th Cir. 2006)   Cited 207 times   1 Legal Analyses
    Affirming dismissal of action for failure to state a claim when plaintiffs failed to plead actual injury

  3. Simmons v. Willcox

    911 F.2d 1077 (5th Cir. 1990)   Cited 82 times
    Holding that the exhaustion requirement would be rendered meaningless if any improper denial of benefits constituted a breach of fiduciary duty under ERISA, since employees could avoid the requirement simply by characterizing their claims for benefits as claims for breach of fiduciary duty

  4. Brown v. Shinbaum

    828 F.2d 707 (11th Cir. 1987)   Cited 62 times
    Holding inadequate notice similar to that excerpted above because it failed to inform of the consequences of default or specify that evidence must be in the form of sworn affidavits

  5. Webb v. N.C. Dept. of Crime Control Pub. Safety

    658 F. Supp. 2d 700 (E.D.N.C. 2009)   Cited 13 times
    Finding that decision to deny employee training in "Driving Instructors School" or Spanish language was not actionable because it did not impact the plaintiff's "pay, benefits, or employment"