Search for: "Sealed Plaintiff"
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15 Nov, 2008 6:33 pm
Lisa H. Miller writes in the Internet Defamation Law Blog about Sealed Plaintiff v. Sealed Defendant # 1, 06-1590-cv (2nd Cir. 2008), a case which addresses the question: "Can a plaintiff sue
anonymously in an internet defamation setting?" The answer is yes, as long as the ... (9th Cir. 2000)), it is instructive because the court listed a set of factors to consider determine
whether plaintiff's desire for anonymity outweighs the public's need for disclosure. For example, "(f) whether ...
12 Aug, 2008 4:50 pm
"This appeal presents questions of first impression for our Court: (1) Under what circumstances may a plaintiff file a complaint using a
pseudonym? and (2) What standard governs our review of a district court's decision to permit or deny a request to file under a pseudonym?" A three-judge panel of the U.S. Court of
Appeals for the Second Circuit today issued this decision addressing those questions in a case captioned Sealed Plaintiff v. Sealed Defendant #1.
29 Jun 7:40 am
... issue that plaintiffs could not have inhaled a harmful amount of the chemical while using Stand 'n Seal as directed. The plaintiffs urged the court to exclude
this expert testimony of Drs. Mark Rigler, William Longo, and Mitchell Sauerhoff. Rigler ... overexposure to Isopar-G can cause respiratory injury. Judge Thrash concluded that the
experts' opinions were admissible. "The plaintiffs' experts disagree with Sauerhoff's opinions, but that disagreement by itself does not make Sauerhoff's or Rigler ...
22 Aug 7:30 pm
... will share the recovery with the whistleblower. However, the FCA requires that the court and the whistleblower keep the lawsuit "sealed"
until the government makes its decision about whether to intervene. The FCA gives the government sixty (60) days to ... subjects of that investigation so they might have an opportunity
to hamper it by destroying evidence. The plaintiffs' second argument was that the seal infringes on the free speech rights of the whistleblowers who file qui tam lawsuits.
Judge O' ...
1 May, 2007 5:12 am
... was filed against Wal-Mart in California state court alleging violations of various labor laws; defense and plaintiff attorneys stipulatedd
to a confidentiality and protective order governing documents filed with the court during the class action litigation, ... set forth a procedure to be followed for filing documents
under seal, but the parties failed to comply with that procedure. Savalgio, at 2-3. Rather, defense and plaintiff attorneys believed
that the trial court had stated a separate motion ...
21 May 7:45 am
... seem to have a clue about information security and how it affects the integrity of elections conducted using computers. Next the plaintiffs called County Clerk of Union
County, Joanne Rajoppi, who had the sophistication to notice a discrepancy in the results ... one defeat of each seal, and testified about other defeats of these kinds of
seals. The last plaintiffs' witness was Wayne Wolf, professor of Electrical Engineering at Georgia Tech. Professor Wolf testified (and wrote in his expert report) ...
8 Feb, 2006 11:35 pm
... until the date the registration issues. Petitioner Teledyne had trouble at take-off when it failed to introduce its GOLD SEAL trademark registration into evidence. It
attached a photocopy of the registration to its petition for cancellation, but it failed to submit a ... of valuable business and good will around its GOLD SEAL mark during the
time petitioner raised no objection." "economic prejudice to the defendant may ensue whether or not the plaintiff overtly lulled the defendant
into believing ...
17 Mar, 2008 5:06 am
... the class action settlement lasted 20 minutes; the court signed the proposed order "apparently without modification" and sealed the
transcript of the hearing on the motion, id., at *3. Some of the attorneys, disgruntled that approximately half of the attorney fee ... court rubber-stamped the committee's
recommendation." The district court aggravated the situation by sealing the records and placing a gag order on the plaintiffs' lawyers. In re High Sulfur Content, at *5.
Moreover, the Circuit Court ...
18 Jun 7:27 am
... court's publicly available docket (which is essentially the court's index of all the cases pending before it). To satisfy the "under seal" requirement, the qui tam
plaintiff must file his or her complaint with a motion to the court asking to have the complaint filed and maintained under seal. In the
absence of such a motion, the clerk's office (the branch of the court that is responsible for maintaining the court's docket and files) may file the case ...
28 Oct, 2008 7:25 pm
... designated "confidential" would have automatically been sealed if filed with the court. Defendants argued that particularized designation
of confidential materials was required by the Seventh Circuit. Plaintiff disagreed and argued that the approach ... involved in extensive
document review necessitated by electronic discovery." Anticipating some disagreement in the designations of plaintiff's production, the court
advised the parties to confer regarding disputed designations to attempt to resolve ...
8 Sep, 2006 7:36 am
... Support of Objections to Order listed now , but it looks like it's staying sealed. A couple of exhibits attached to the document are now
available on Pacer, but the Reply Memorandum ... Objections to Order granting in part IBMs motion to limit SCOs claims, filed by Plaintiff SCO
Group. (blk, ) Additional attachment(s) added on 9/7/2006 ... Document Docket Text: **SEALED DOCUMENT**DECLARATION of Brent O. Hatch re [765]
Reply Memorandum in Support of Objections to Order filed by Plaintiff SCO Group. (blk ...
27 Apr 7:23 am
... certification; -the entire record of the motion for class action certification has been placed under seal; and -the defendants have moved for "judgment on the pleadings"
dismissing the case on the basis of the Noerr Pennington doctrine. Additionally, ... conducted an "in camera" conference with the defendants' counsel only, regarding a discovery motion.
The transcript of that conference is also sealed. Notification that plaintiff's brief for class
action certification has been sealed Defendant's ...
16 Sep, 2008 11:07 am
Patent Appeal Tracer has run a provocative series of posts discussing the process for and practice of sealing documents in the Eastern District of Texas cases, focused of course
on patent disputes. The first post details the procedures as they ... you see news agencies appearing in significant cases to advocate unsealing documents and court proceedings):
Sometimes both the plaintiff and defendant share an interest in minimizing public exposure. (or at least believe it's in their interest; I
would ...
13 May 7:45 am
... issued today by the U.S. District Court for the Eastern District of Virginia (Alexandria Division) discusses the mandatory disclosure and seal requirements of the Federal
False Claims Act. The opinion can be found on Westlaw as United States ex rel. Ubl v. IIF Data ... are found in 31 U.S.C.S. sec. 3730(b)(2), famously require a qui tam plaintiff (or "relator" as plaintiff's are known in the parlance of qui tam) to serve a written disclosure
memorandum and all material evidence on the government as ...
6 Sep, 2006 6:21 am
... Conventional Filing Docket Text: NOTICE OF CONVENTIONAL FILING of Reply Memorandum filed by Plaintiff SCO Group, Counter Defendant SCO
Group re [721] Notice of Conventional ... Pages Docket Text: Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages Reply Memorandum filed
by Plaintiff SCO Group, Counter Defendant SCO ... NOTICE OF CONVENTIONAL FILING of Reply Memorandum and Declaration of BOH with Exhibits filed
by Plaintiff SCO Group, Counter Defendant SCO Group Corrected Caption of Docket 762 ...
16 Feb, 2007 5:06 am
... class action lawsuits were filed against several defendants alleging "that plaintiffs suffered injuries resulting from their use of Tile Perfect Stand 'n Seal
"Spray-On" Grout Sealer." In re Stand 'N Seal Products Liab. ... Judicial Panel on Multidistrict Litigation (MDL) to centralize the lawsuits for pretrial purposes in the Northern
District of Georgia. Id. Plaintiffs in some courts supported centralization but recommended different transferees courts; other plaintiffs opposed centralization at ...
12 Jul, 2007 12:20 am
... construction in determining that all claims of the patent should be interpreted to have a "pressure activated seal" as part of a "pneumatic cylinder." Claim differentiation
supported the plaintiff's argument that claim 1 was not limited because dependent claim 6 added ... prior art devices to maintain force did not
clearly link that inability to the absence of pressure activated seals in the prior art. Thus, these arguments did not show that the cylinders of the patent always had pressure
activated ...
29 May, 2008 6:22 am
... case against General Electric. (Click here for a previous post about the case). According to this story in the Connecticut Law Tribune, plaintiffs lawyers at Sanford, Wittels
& Heisler in Washington, D.C. filed several documents with the court ... management and their alleged discriminatory practices against women, which is supposed to be sealed by court order. . . . " "I wasn't aware of the severity of this problem," said plaintiffs' lead counsel David W. Sanford responded. Sanford
added that ...
21 Nov, 2007 8:32 am
... . If you're a public relations professional trying to help the public understand the company's point of view when it comes to the 'Paxil recall', the 'Stand N Seal Injury'
situation or a 'Defective carseat', you're going to be fighting an expensive and uphill battle. Why? Because the plaintiffs bar 'owns' those terms and terms like them-they
dominate the search engines, the first place where potential plaintiffs and journalists look for ...
22 Dec, 2006 2:44 pm
... Agreements , 81 Chi.-Kent L. Rev. 439-62 (2006). He reports that sealed settlements are fairly uncommon: less than 1/2% of the cases
resolved in the two-year period ... in patent cases and least common in property cases. He notes that, even when the settlement is sealed, the
public is not necessarily deprived of all information about the case. Often the complaint and docket sheet were not sealed -- so one could find
out what the plaintiff's allegations were. Most often, the only information that was ...
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