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9 Jul 2015, 6:27 am
The plaintiff prevailed in the earlier action, but claimed that the defendant’s false declarations prolonged it. [read post]
5 Nov 2019, 5:00 am by Daniel E. Cummins, Esq.
The court noted that this was not enough to create general jurisdiction everywhere in the country.The court otherwise noted that a Defendant’s involvement in marketing does not create an exceptional case allowing for the exercise of general jurisdiction outside of the states where the Defendant is “at home. [read post]
12 Sep 2017, 7:28 am by Docket Navigator
[Plaintiff] repeatedly emphasized that the TR 23.809 standards document does not describe a GGSN that preserves the PDP context after receiving an error indication because the GGSN marks the PDP context as invalid. . . . [read post]
26 Jun 2020, 5:00 am by Daniel E. Cummins, Esq.
 In this Opinion, the court ruled that a Plaintiff does not have to specifically pled punitive damages in order to seek such damages. [read post]
18 Oct 2014, 3:00 am
(CERCLA), the federal Superfund statute, does not preempt state statutes of repose such as the North Carolina 10 year statute of repose. [read post]
8 Oct 2012, 10:04 am by Steve Statsinger
Even where the defendant does not contest the PSR’s factual description of the prior offense, the “modified categorical approach” still requires more. [read post]
17 Feb 2016, 6:14 am
  Judge Forrest further found that the plaintiff's claims, which are based on the defendant's use and exploitation of the recorded performance, essentially allege that the defendant violated the plaintiff's reproduction and distribution rights "that are encompassed within the bundle of rights afforded to copyright owners,"  Lastly, the Court concluded that the plaintiff's claim "does not contain an extra element in addition to… [read post]
21 Oct 2021, 4:00 am by Howard Friedman
Defendants do not argue that NCP does not exist, or that there is any fraud afoot here. [read post]
19 Sep 2013, 2:22 pm by Jon Sands
However, a list does not mean the defendant is actually a blood member. [read post]
31 Mar 2021, 5:00 am by Daniel E. Cummins, Esq.
A Motion to Stay a civil matter pending the resolution of a criminal investigation and charges was granted in the Federal Middle District court case of Doe v. [read post]
22 Jun 2016, 10:47 am
In this Indiana litigation, Singleton Trading, which does business as Elama and Blue Spotlight, is accused of infringing U.S. [read post]
1 Oct 2015, 6:56 am by Docket Navigator
"Plaintiff briefly complains that Defendants’ descriptions of the patent claims are 'oversimplifications,' but it does not delineate what, if anything, Defendants leave out. . . . [read post]
20 Jun 2016, 10:52 am
Hammond, Indiana - Trademark attorneys for Plaintiff Indiana Botanic Gardens, Inc. of Hobart, Indiana sued Defendant Snyder Manufacturing Corporation of Long Beach, California, which does business as Eurospa Aromatics and Eurospa Chemicals, alleging trademark infringement and related causes of action. [read post]
5 Apr 2013, 6:59 am by David Oscar Markus
  NACDL does an excellent job, but the Chamber of Commerce is the best:Finally, it's furlough Friday, and the Federal Public Defender's office is closed. [read post]
30 Mar 2016, 7:37 am by David Markus
She claims that insofar as it does so, it violates her Sixth Amendment “right . . . to have the Assistance of Counsel for [her] defence. [read post]
31 Mar 2014, 7:35 am by Docket Navigator
[Plaintiff's expert] does not have the proper foundation to conclude that [plaintiff] would have made every sale that [defendant] did at its intended higher price. . . . [read post]
29 Aug 2019, 7:45 pm by Daniel E. Cummins
  The various Defendants, including the college, the alumni association, and the individual Defendant, filed a series of Motions to Dismiss. [read post]