Blawg Search - Law Blogs, Lawyer Blogs, Legal Blogs Directory & Search Engine

Signed April 23, 2007--Memo to Counsel by Judge J. Frederick Motz. This memo is in response to defendant's motion for summary judgment as to a surviving claim from a prior ruling. The Court relied on the Fourth Circuit's establishment of a two-part test for determining whether under Fed. R. Civ. P. 15(d)(2) a new claim or defense relates back to the party's original complaint: (1) whether a factual nexus exists between the original pleading and the amendments; and (2) if such a factual nexus ...

... a description, by "category and location" of all ESI in the possession, custody, or control of the custodians. This description is to be discussed at the Rule 26 conference. Before these amendments, attorneys hoped to avoid e-discovery (and many still do!) and ... e-discovery early. Judges are learning as well and don't take it too well when counsel "blow off" the requirements of the Rule 26 "meet and confer." Mikron v Hurd, Mikron Industries Inc. v. Hurd Windows & Doors, Inc., 2008 WL 1805727 ...

... right to stake claims in product-by- process terms. Instead this decision merely restates the rule that the defining limitations of a claim - in this case process terms - are also the terms that show infringement ... there appears to be some legitimate concern over procedural violations on the sua sponte ruling, Hal Wegner has notes that the CAFC's actions follow previous, similar ... Cir. 1988)(Markey, C.J.)(en banc in part); Midwest Industries, Inc. v. Karavan Trailers, Inc., 175 F.3d 1356 (Fed.Cir.1999 ...

... whether advice of counsel needs to be pled in an answer as an affirmative defense under Federal Rule of Civil Procedure 8(c). The Special Master recognized that courts have referred ... Dictionary 430 (7th ed.1999)); Reis Robotics USA, Inc. v. Concept Industries, Inc., 462 F.Supp.2d 897, 906 (N.D. ... accused infringer in mitigation of a claim of willfulness; it is not a "true" or "mandatory" affirmative defense under Rule 8(c) that must be pled in the answer. In the Court's view, this conclusion best ...

... Markman was first applied to a design patent claim in Elmer v. ICC Fabricating, Inc., 67 F.3d 1571 (Fed. Cir. 1995). Of these, the accused infringer ... F.Supp.2d 631 (N.D.Ill. 2003); ADC Telecommunications, Inc. v. Panduit Corp., 200 F.Supp.2d 1022 (D.Minn ... 2001); Lakewood Engineering and Mfg. Co. v. Lasko Metal Products Inc., 2001 WL 1012573 (N.D.Ill. 2001); Keystone Retaining Wall ... 2d 1149 (D.Kan. 1999); Black & Decker Inc. v. Cedarberg Industries, Inc., 1998 WL 526534 (N.D.Ill. 1998); Superior ...

... federal court case. The procedural history and facts of Hall Street Associates, LLC v. Mattel, Inc. and Tyco Industries, Inc.; Tyco Manufacturing Corp., Tyco Toys, Inc. and View Master Ideal Group, Inc. are lengthy but, suffice it to say, the underlying dispute involves the lease of a building owned by ... about an unmoored arbitration award. The Ninth Circuit opinion is here (they declined to broaden the FAA rules on modification). You can review the Petition and Response or... just wait for ...

For those involved with suppliers of steel tubing... In United Star Industries Inc., v. Plastech Engineered Products, Inc. the Seventh Circuit issued an opinion upholding a trial court's determination that a commercial contract for supplying steel tubing did allow for passing the costs ... be imposed by the trial court against a law firm (not individual lawyers) under Federal Rule 11(c)(3) where the trial court found that the law firm had brought unsupported claims on behalf ...

... heard, i.e., that he had no obligation to enforce the judgment on behalf of the class. The trial court disagreed. It ruled that "by assuming the responsibility of pursuing claims on behalf of the class, class counsel assumed the obligation to pursue it until the end ... guardian of the rights of the absentees, is vested broad administrative, as well as adjudicative, power." (Greenfield v. Villager Industries, Inc., supra, 483 F.2d at p. 832.) Thus, unlike situations in which the litigant has retained ...

... 2009), read letter decision here. This case involves the hostile bid by Exelon Corp. to take over NRG Energy, Inc. The plaintiffs in this case are stockholders of NRG who claim that NRG directors are breaching their fiduciary duties by not agreeing to the bid ... to distinguish this case from the famous case of Blasius Industries, Inc. v. Atlas Corp., 564 A.2d 651 (Del. 1988). Also distinguished from the facts of this case was the recent oral ruling in San Antonio Fire & Police Pension Fund v. ...

SCT_Bench.JPG Oral argument highlights concerns about undermining the final judgment rule and the importance of the attorney-client privilege, in Mohawk Industries, Inc. v. Carpenter (No. 08-678) Last month, on the first day of the new Term, the Supreme Court heard oral argument on a significant case that will determine whether, and under what circumstances, an interlocutory appeal may be filed challenging ...