Search for: "UNITED STATES GYPSUM CO."
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11 Dec, 2006 3:15 pm
... respect to the conduct of transporting materials. See, e.g., United States v. United States Gypsum Co., 438 U.S. 422, 445 (1978). Second, ...
must have been done "for the purpose of dumping into ocean waters. "Purpose" is a state of mind closely akin to "intent", but requiring a greater degree of culpability than ...
239 (10th Cir. 1988) (The term "purpose" in child pornography statute provides state of mind requirement for conduct element of "producing a visual depiction of sexually explicit
conduct ...
31 Oct, 2008 4:56 pm
... had 209 subsidiaries, but only12 were within the jurisdiction of New York state regulators. New York's power was too weak to reach the entire company, ... form of a
Commission of National Insurance, more completely defined in the proposed legislation. All State regulation, including "licensing, examination, reporting, regulation, or other
supervision relating to the sale ... Breyer, concurring in part and dissenting in part). 10.See generally, United States v. United States Gypsum
Co., 438 U.S. 422 (1978 ...
5 Dec, 2006 8:52 am
... waters. 33 U.S.C. § 1411 (a)(1). The MPRSA criminal provisions state, in part: "Except as may be authorized by a permit issued pursuant to [the MPRSA] and subject ... respect
to the conduct of transporting materials. See, e.g., United States v. United States Gypsum Co., 438 U.S. 422, 445 (1978). Second ...
permit for the purpose of dumping into ocean waters. The word "knowingly" also defines a state of mind with respect to an act of transporting, but also applies to the surrounding
factual circumstances ...
27 Jan 6:30 am
... to the law". Id. at 27-28. The Magistrate is "clearly erroneous" only if "the reviewing court…is left with the definite and firm conviction that a mistake has been committed".
United States v. United States Gypsum Co., 333 U.S. 364, 395 (1948). This "clearly erroneous and contrary to law" ... in affirming
Magistrates. E.g., Neuberger Berman Real Estate Income Fund, Inc. v. Lola Brown Trust Co., 1B, 2006 U.S. Dist. LEXIS 11358, *5 (D. Md. Mar. 20, 2006). Gardendance, ...
2 Aug, 2007 4:06 am
United States Gypsum Co. v. LaFarge N. Am., Inc.,
No. 03 C 6027, 2007 WL 2091020 (N.D. Ill. Jul. 18, 2007) (Hart, J.). Judge Hart granted in part defendants motion to enforce the ... and denied plaintiff's motion to compel discovery.
The Court previously ruled upon the parties' cross-motions for summary judgment, holding that plaintiff's state law claims were not preempted by the Illinois Trade Secrets Act,
but significantly limiting the claims and removing some defendants (you can read more ...
20 Apr, 2007 5:05 am
United States Gypsum Co. v. LaFarge N. Am., Inc.,
No. 03 C 6027, 2007 WL 1100804 (N.D. Ill. Apr. 3, 2007) (Hart, J.).Judge Hart granted in part and denied in part the parties' cross-motions for summary judgment. This case was a...
12 Mar, 2008 4:04 am
U.S. Gypsum Co. v. 3M Innovative Props. Co., No. 07 C 6381, 2008 WL 514976 (N.D. Ill. Feb. 20, 2008) (Darrah, J.). Judge Darrah
granted defendants' (collectively "3M") Fed. R. Civ. P. 12(b)(3) motion to dismiss for lack of venue. Plaintiff United States Gypsum ("Gypsum") filed this action asserting its own patent and
seeking declaratory judgments regarding 3M's patents, all to low dust construction compounds. Shortly thereafter, 3M filed a corresponding suit in the District of ...
15 Jan, 2008 3:06 am
... 07 1:07-cv-00791 Electronic Imaging Systems of America, Inc. v. Gannett Co., Inc. et al filed 02/09/07 closed 04/13/07 1 ... E-Ten Information Systems Co., Ltd. et al
filed 09/20/07 1:07-cv-05472 Dicam, Inc. v. United States Cellular Corporation et al ... Holdings
Limited et al v. SinoChem Modern Environmental Protection Chemicals (Xi'an) Co., Ltd. Corporation et al filed 10/05/07 1:07-cv- ... /07/07 closed 11/20/07 1:07-cv-06381
United States Gypsum Company v. 3M Innovative Properties
Company et al filed 11/ ...
15 Mar, 2008 7:00 am
... court orders disclosure of drug dealers' details in patent case Eli Lilly & Co Ltd v Neopharma Ltd & Anor: (IPKat), Zyprexa (Olanzapine) - Eli ... Copyright Licensing
Agency to launch series of new collective digital licences: (IPKat) United States US General
Transparency isn't a substitute for privacy: (Techdirt), US ... DMCA takedown notice on publicly released advertisement about its cyber-defense initiatives: (Techdirt), US
Gypsum Co - Court rules forum selection clause destroys venue: US ...
1 Jul, 2007 8:23 am
... may subject him or her to equitable subordination on the basis of inherent unfairness alone. In re Lemco Gypsum, Inc., 911 F.2d 1553, 1556
(11th Cir.1990). "Insider" is ... rely upon equity's "broad authority to modify creditor-Debtor relationships." United States v. Energy Resources Co., 495 U.S. 545, 549, 110 S.Ct. ... He may bring the action so long as piercing the corporate veil is an action available
under state law in those circumstances to creditors generally. In re Icarus Holding, LLC, 391 F.3d ...
27 Jul, 2008 3:27 pm
... damages for intentional torts and conduct characterized by "actual malice," U. S. Gypsum Co. v. Mayor and City Council of Baltimore,
336 Md. 145, 185 ... A glance at the experience there will explain our skepticism. The points of similarity are obvious. "[P]unitive damages advance the interests of punishment
and deterrence, which are also among the interests ... a remedial matter." Id., at 382. The general observation we made in United
States v. Reliable Transfer Co., 421 U. S. 397, 409 (1975), when we ...
24 Jul 7:22 am
... Knauf companies, which are German-based with subsidiaries in China. Knauf Plasterboard Tianjin Co. Ltd. and Knauf Tianjin have been sued. Taishan Gypsum, a China company, is another defendant. Other potential defendants listed on the call ... China and even to win. But the big problem with that is that
the damages are not likely to be nearly as high as they would be in the United States. And there are
times where it makes sense to sue a Chinese manufacturer for insurance purposes or just to let the ...
16 Jan, 2008 7:47 am
... by judges in the common-law tradition. A basic principle animating our jurisprudence was enshrined in state constitution provisions guaranteeing, in substance, that "every
wrong shall have a remedy." Fashioning appropriate ... implied causes of action on numerous occasions, see, e.g., Wyandotte Transportation Co. v. United States, 389 U.S. 191 . . . (1967) (sustaining implied cause of ... antifraud provisions, §§ 10 and 15(c)(1),
see Kardon v. National Gypsum Co., 69 F.Supp. 512, 513-14 (E.D.Pa.1946 ...
29 Sep 10:53 am
... building boom, hundreds of millions of pounds of drywall was shipped to ports around the United States from China. While 25 states have reported issues, problems were first noted in ... to them to honor those
warranties. On the other hand, Chinese manufacturers like Taishan Gypsum Co. Ltd., brought some 7.5 million pounds of the stuff into the
... fact that a U.S. District court brought a default judgment against Taishan Gypsum late last week, the reality is that "civil judgments in
U.S Courts are not ...
23 Dec, 2007 8:00 pm
... US hold high-level discussions on IP issues: (Intellectual Property Watch), Wembley Gypsum Products v MST Industrial Systems: (Mondaq.com),
Fake pens in China write/ ... 40 years even if the mark is rarely used in that time: (OUT-LAW), United States Shaping policy; changing policy - US Dept of Justice rejects plans ... why infringement is impossible: (Patent Troll Tracker), Statute of Limitations
for actions between co-owners: (Patry Copyright Blog), USPTO Rules changes stopped by injunction: (Mondaq. ...
24 Mar 11:24 am
... response to a widening product liability crisis. The lab tested one sample made in the U.S. by National Gypsum Co.'s GridMarx brand
and three samples made in China. "There is a distinct difference in drywall that was manufactured in the United States and those that were manufactured in China," said Lori Streit, a principal scientist with Unified, in a letter. "The Chinese samples contained traces of
strontium sulfide ...
12 Oct 12:51 am
... , a German company with manufacturing plants in China that supplied about 20 percent of the Chinese drywall brought into the United
States. Don Hayden, the company's lawyer, said that its own toxicology tests from affected homes showed that ... . Even so, he said his company
was cooperating with American government investigations. One drywall manufacturer, the Taishan Gypsum Company, which is controlled by the
Chinese government, was found to be in preliminary default last week by a federal judge ...
17 Mar 9:40 pm
... homeowners, a proposed class action, and the federal suit is now pending before the Honorable Zainey in the United States Eastern District Court of Louisiana (09-2981). Discouraging news for contractors about the new ... of themselves and all others similarly situated v.
Knauf Gips KG, Knauf Plasterboard Tianjin Co., Ltd., Taishan Gypsum Co., Ltd. f/k/a Shandong Taihe Dongxin Co., Ltd., USG
Corporation, L&W Supply Corporation d/b/a Seacoast Supply, Interior Exterior Building Supply, Independent ...
14 Nov 7:28 am
... , an appellate court may reverse a discretionary trial court factual finding if the court is "left with the definite and firm conviction that a mistake has been committed,"
(United States v. U.S. Gypsum Co., 333 U.S. 364, 395
(1948)). Noting this tension the Ninth Circuit brought ... was not among its "permissible" options, and thus that it abused its discretion by making a clearly erroneous finding of fact.
United States v. Hinkson, No. 05-30303 (9th Cir. Nov. 5, 2009).
17 Jun 4:47 am
... that all actions share factual questions concerning drywall manufactured in China, imported to and distributed in the United
States, and used in the construction of houses; plaintiffs in all actions allege that the drywall emits smelly, corrosive ... -based
manufacturers, as well as importers, developers and builders, contractors, suppliers and others. Companies facing suits include Knauf Gips KG, Knauf Plasterboard Tianjin Co.,
Taishan Gypsum Co., L&W Supply Corp. and USG Corp. Lennar Corp., a ...
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