Topic
Summary Judgment
731 published works
M & A Law Prof Blog
URI’s Brief
Here is the brief for summary judgement filed by URI today. I'll have commentary about it on Monday or Tuesday, but at first glance I think it is a good…
EvidenceProf Blog
Take Me To Another Place?: Recent Decision Reveals Tennessee’s Heightened Skepticism of Expert Opinion Evidence
By Colin Miller
The recent opinion of the United States District Court for the Eastern District of Tennessee in Brooks v. Wal-Mart Stores East, L.P., 2007 WL 3389925 (E.D. Tenn. 2007), reveals that…
Drug & Device Law
Rule 702 And Class Certification
By Bexis
In class actions, class certification is the whole enchilada. If the class is not certified, the plaintiffs go home. If the class is certified, the defendant has no choice but…
M & A Law Prof Blog
SLM: The Transcript of the Hearing Today
Here is the transcript of the SLM hearing today. My favorite quote by VC Strine:SLM Attorney: we are still not terminating the agreement, and I think there is a cloud…
Chicago IP Litigation
Rare Summary Judgment of Damages is Doubled/Trebled
Ball Aerosol & Specialty Container, Inc. v. Limited Brands, Inc., No. 05 C 3684, 2007 WL 2570351 (N.D. Ill. Sep. 4, 2007) (Der-Yeghiayan, J.). Judge Der-Yeghiayan granted plaintiff Ball Aerosol…
Chicago IP Litigation
Court is a “Way Station” for Case Headed to the Federal Circuit
Trading Techs. Int'l., Inc. v. eSpeed, Inc., No 04 C 5312, Slip Op. (N.D. Ill. Aug. 27, 2007) (Moran, Sen. J.).* Judge Moran denied plaintiff Trading Technologies' ("TT") motions to…
California Employment Law Update
Discrimination And Sexual Harassment Suit Properly Dismissed On Summary Judgment
By Tony Oncidi
Jones v. California Dep’t of Corrections and Rehabilitation, 152 Cal. App. 4th 1367 (2007) Kim C. Jones worked as a correctional officer at the R.J. Donovan Correctional Facility for approximately…
The IP Law Blog
Experts and Summary Judgment
By Dale Campbell Intellectual property litigation relies heavily upon the use of expert testimony. The Ninth Circuit Court of Appeals recently analyzed the intersection of Federal Rules of Evidence, Rule 702 and the…
Civil Procedure & Federal Courts Blog
10th Circuit on Preclusion and Compulsory Counterclaims
By Civil Procedure & Federal Courts Blog
The 10th Circuit recently decided an interesting preclusion case, Valley View Angus Ranch v. Duke Energy (August 8, 2007). Duke sued Valley View in state court. Valley view asserted defenses,…
New York Attorney Malpractice Blog
Mistake upon Mistake in Legal Malpractice
Its bad enough to make mistakes, worse to make them while representing clients, and even worse when it comes in a legal malpractice case. Here is a case from Texas…