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17 Jul 2023, 8:32 am by Eric Goldman
Abitron garnered far less attention than did other intellectual property (IP) cases argued this term, including Jack Daniels Products, Inc. v. [read post]
16 Jul 2023, 6:44 pm by Franklin C. McRoberts
There may be multiple rounds of litigation, such as a pre-answer motion to dismiss, an amended pleading designed to correct deficient standing allegations, a motion to dismiss the new pleading, a dismissal, an appeal, and an affirmance. [read post]
8 Jul 2023, 4:33 pm by Barry Barnett
While views vary on the causes, the usual suspects include the much greater volume and cost of discovery involving electronically stored information, the time-consuming motion practice it often spawns, high-stakes challenges to experts and the opinion evidence they sponsor, and case-dispositive motions for summary judgment. [read post]
13 Jun 2023, 12:22 pm by Takuma Nishimura
The allegation successfully asserted a plausible theory for why the IQOS system might nonetheless initiate combustion despite Philip Morris’ contrary marketing. [read post]
8 Jun 2023, 11:16 am by Jon L. Gelman
The pretrial judge denied MT’s motion.At the close of plaintiff’s case, MT moved for judgment pursuant to Rule 4:40-1, founded on the same borrowed-employee theory it had raised earlier in its summary judgment motion. [read post]
31 May 2023, 4:44 am by Andrew Lavoott Bluestone
Stated otherwise, the question of proximate cause is not resolvable on this motion to dismiss (see Schroeder v Pinterest Inc., 133 AD3d 12, 26 n 7 [1st Dept 2015]). [read post]