Topic
Summary Judgment
731 published works
Chicago IP Litigation
Trade Secret Identifications Must Be Specific, Blanket Assertions Are Insufficient
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…
Drug & Device Law
Shouting “Credibility” And Praying For Trial
By Bexis
Hypothesize a car crash case. The only witness says that the light was red. The party with the burden of proving that the light was green cannot possibly prevail, so…
Sentencing Law and Policy
Another Amendment to obsess over?
Main April 9, 2007Another Amendment to obsess over?I am just back from a terrific faculty workshop in which Prof. Suja Thomas discussed her latest project that builds off her intriguing…
Appellate and Supreme Court
Summary Judgment Proper on Survival Claim
In Polk v. City of Killeen, the Third Court of Appeals has affirmed a take nothing summary judgment on the plaintiff's survival claim. What makes this otherwise run-of-the-mill decision interesting…
Personal Injury
Court rejects motion to throw out punitive damages
By Ken Shigley
We were pleased to get word today that a federal court in Georgia denied a motion for partial summary judgment to exclude a claim for punitive damages against a trucking…
Delaware Corporate & Commercial Litigation Blog
Summary Judgment Denied in Section 225 Expedited Proceeding
In Openwave Systems, Inc. v. Harbinger Capital Partners Master Fund I, Ltd., (Del. Ch., Mar. 5, 2007), 2007 WL 704943, read opinion here, the Delaware Chancery Court denied a motion for…
Civil Procedure & Federal Courts Blog
The Thursday Interview
By Civil Procedure & Federal Courts Blog
Click the link at the bottom of this post to listen to this week's installment of the Thursday interview. This week's interview is with Prof. Suja Thomas of the University…
Delaware Corporate & Commercial Litigation Blog
Summary Judgment Denied on Coverage Issues
Tenneco Automotive Inc. v. El Paso Corporation, (Del. Ch., Jan. 8, 2007), read opinion here. This case involves a byzantine connection of related companies and successor companies that have a…
Chicago IP Litigation
Court Denies Post-Trial Motions Upholding The Jury’s Willfulness Finding
Black & Decker Inc. v. Robert Bosch Tool Corp., No. 04 C 7955, 2006 WL 3783006 (N.D. Ill. Dec. 22, 2006) (St. Eve, J.). Having already denied plaintiff summary judgment…
Delaware Patent Litigation Report
Reconsideration granted after court reviews proper record
Padcom, Inc. v. Netmotion Wireless, Inc., No. 03-983-SLR, Mar. 8, 2006. Robinson, J. Motion for reconsideration granted. Various requests for clarification are addressed. Court finds Defendant raises a material…