Legal Opinion

Brother Records, Inc. v. Jardine

Court of Appeals for the Ninth Circuit

Decided December 19, 2005No. 04-55096PublishedCited by 5 opinions

1Opinion of the Court

CANBY, Circuit Judge.

Brother Records, Inc. (“BRI”) is a California corporation that was formed by four of the original members of the music group “The Beach Boys.” Alan Jardine was an original band member and is a director and shareholder of BRI. In a pri- or federal lawsuit, BRI successfully sued Jardine for trademark infringement. While that action was pending, Jardine filed suit against BRI and its shareholders in California Superior Court, alleging breach of fiduciary duty and related claims. The California Court of Appeal held that Jardine’s suit was not barred as res judicata under…

2Cases cited16 opinions

  1. Atlantic Coast Line Railroad v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1970
  2. Mills v. GreenSupreme Court of the United States · 1895
  3. Bernhard v. Bank of America National Trust & Saving AssociationCalifornia Supreme Court · 1942
  4. Chick Kam Choo v. Exxon Corp.Supreme Court of the United States · 1988
  5. Parsons Steel, Inc. v. First Alabama BankSupreme Court of the United States · 1986

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3Cited by5 opinions

  1. Negrete v. Allianz Life Insurance Co. of North AmericaCourt of Appeals for the Ninth Circuit · 2008
  2. Tur v. YouTube, Inc.Court of Appeals for the Ninth Circuit · 2009
  3. Brother Records, Inc. v. JardineCourt of Appeals for the Ninth Circuit · 2005
  4. Negrete v. Allianz Life Insurance Company of North AmericaCourt of Appeals for the Ninth Circuit · 2008
  5. Tur v. Youtube IncCourt of Appeals for the Ninth Circuit · 2009

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