To be clear, local rules like those in the Eastern District violate the rights
of both plaintiffs and defendants.
Representation
of plaintiffs and defendants in federal district and regional appellate courts in numerous patent infringement and preliminary injunction matters.
Raymond has been retained to act in complex estate, commercial and intellectual property litigation, on behalf
of both plaintiffs and defendants.
Every legal system balances the interests
of plaintiffs and defendants, of society and the individual, of justice and economics.
We take cases on behalf
of both plaintiffs and defendants (sorry, not at the same time).
Information reported includes the type of case, types
of plaintiffs and defendants, trial winners, amount of total damages awarded, amount of punitive damages awarded, and case processing time.
Stephen D. Williger, M.S.S.A. and Frank R. DeSantis have sixty - five years» combined experience trying cases in all forums, on behalf
of both plaintiffs and defendants, and on an extremely broad set of topics, including:
Katherine Stepp represents a national clientele
of plaintiffs and defendants in complex civil litigation matters.
Tom's litigation practice involves all aspects of intellectual property and Tom has litigated cases on behalf
of both plaintiffs and defendants in federal courts all over the country.
Representation
of plaintiffs and defendants in motor vehicle crashes involving wrongful death claims.
On behalf
of both plaintiffs and defendants, our IP litigators have handled numerous trials, as well as TRO and preliminary injunction proceedings, involving intellectual property.
He also spends a significant amount of time handling commercial cases on behalf
of plaintiffs and defendants.
Dan's business litigation included defending a truck manufacturer in suits by disgruntled dealers, the defense of numerous officers and directors of failed savings and loans, a recovery for limited partners in a franchise who were misled by a franchisor, defense of libel actions, trade secret litigation on behalf
of both plaintiffs and defendants, lease covenant disputes for commercial tenants of shopping centers, and business partnership disputes.
A versatile lawyer with extensive experience in complex commercial litigation, domestic and international arbitration, insurance coverage and price redetermination proceedings, James Rogers has tried multiple trials and arbitrations in Texas, Florida, Missouri, and California, on behalf
of both plaintiffs and defendants.
Blois, Nickerson & Bryson LLP acts on behalf
of plaintiffs and defendants in a wide range of insurance and personal injury cases.
We have a statewide civil trial practice [in Oregon] focusing on representation
of plaintiffs and defendants in complex personal injury claims.
Justice Adeniyi Ademola of the court adjourned the case after consultation with counsels
of the plaintiff and the defendant.
We provide high quality scientifically based expert accident reconstruction, collision analyses and expert witness testimony to the litigation community on behalf
of plaintiff and defendant litigants throughout California and the United States.
[4] In this case, neither party filed a trial brief and counsel simply submitted a draft consent order that «trial briefs
of the plaintiff and defendant be filed outside the times prescribed» by the Rules.
The particular circumstances of the case, which include the relative ages
of the plaintiff and defendant, the relationship between the plaintiff and defendant, and the repetitive nature of the abuse, will be considered in relationship to the establishment of the egregiousness of the defendant's conduct and the severity of the plaintiff's resulting emotional distress.
The likeability
of the plaintiff and the defendant is a significant factor.
It is the responsibility
of the plaintiff and the defendant to serve the subpoena on their witnesses and to offer to pay the witness fee prescribed by law.
Drs. Grover and Pisesky are orthopedic surgeons who did independent medical examinations of Ms. Beaton on behalf
of the plaintiff and the defendants respectively.
William Goren «provides great insight on the ADA and provides analysis from the standpoint
of the plaintiff and the defendant,» says J. Courtney Cunningham, a Miami lawyer.
«As to the issue of parental alienation the court finds that the actions
of the plaintiff and defendant have contributed to the plaintiff's alienation from his minor children.»
Not exact matches
Plaintiff did not reveal any confidential information to
Defendant,
and did not show
Defendant any
of its source code, either at this meeting or otherwise.»
Yieldify denies this, countering that «in March 2013, Mr. Jay Radia,
Defendant's Chief Executive Officer,
and Mr. Meelan Radia,
Defendant's Chief Technical Officer, met with representatives
of Plaintiff.
Plaintiff seeks to recover compensable damages caused by
Defendants» violations
of the federal securities laws
and to pursue remedies under Sections 10 (b)
and 20 (a)
of the Securities Exchange Act
of 1934 (the «Exchange Act»)
and Rule 10b - 5 promulgated thereunder.
If both sides, through their eyes
and their people's eyes, have concluded that the
plaintiff is absolutely going to win this case,
and the
plaintiff is going to get a lot
of money because they're totally on board with everything that has been presented, then that might be a good reason for the
defendant to agree to a settlement with the
plaintiff for less money than the potential exposure if the jury comes back
and finds willful infringement.
«To place
defendants» argument in a real world context,» she wrote, «they assert that for the payment
of approximately $ 100 a year to the Copyright Office (the payment for a Section 111 compulsory license)
and without compliance with the strictures
of the Communications Act or
plaintiffs» consent, that they are entitled to use
and profit from the
plaintiffs» copyrighted works.»
This Court has subject matter jurisdiction under 28 U.S.C. § 1332 because there is complete diversity
of citizenship between
Plaintiff and Defendant,
and the amount in controversy exceeds $ 75,000, exclusive
of costs
and interests.
Plaintiff Christopher M. Sulyma, on behalf
of two proposed classes
of participants in the Intel 401 (k) Savings Plan
and the Intel Retirement Contribution Plan, claims that the
defendants breached their fiduciary duties by investing a significant portion
of the plans» assets in risky
and high - cost hedge fund
and private equity investments.
On May 3, 2013, the lead
plaintiff filed a consolidated complaint alleging that, during that same period, all
of the
defendants violated Sections 10 (b)
and 20 (a)
of the Exchange Act
and SEC Rule
On May 3, 2013, the lead
plaintiff filed a consolidated complaint alleging that, during that same period, all
of the
defendants violated Sections 10 (b)
and 20 (a)
of the Exchange Act
and SEC Rule 10b - 5 (b) by concealing material information
and making false statements related to Parent's acquisition
of Autonomy
and that certain
defendants violated SEC Rule 10b - 5 (a)
and (c) by engaging in a «scheme» to defraud investors.
In Metzler v. Corinthian Colleges, Inc., the
plaintiff alleged that the
defendant, an operator
of vocational colleges, had manipulated student enrollment data,
and that
plaintiff suffered losses when the company issued a press release showing lower earnings than the false data had suggested.
The Ninth Circuit took a similar approach in Berson v. Applied Signal Technology, Inc.,
and ultimately fashioned a standard for loss causation in Nuveen v. City
of Alameda when it held that a
plaintiff can establish loss causation «by showing that the
defendant misrepresented or omitted the very facts that were a substantial factor in causing the
plaintiff's economic loss.»
I was an expert witness for the
plaintiff and we were able to show that the anonymous site was in all likelihood linked to another site known to be run by the
defendant because
of an under - the - hood WordPress config variable he probably wasn't aware existed (X-Pingback-Url FTW).
However, it also opened up the subject
of Plaintiff,
Defendant,
and Judge.
Thus it was in the celebrated case
of Rylands v. Fletcher (1868) in the law
of tort, in which water from the
defendant's reservoir had flooded the mines
of the
plaintiff and put them out
of use.
According to Athenian law, the jury had to choose between the alternatives proposed by the
plaintiff and those
of the
defendant.
The complaint lists four individual
plaintiffs and names as
defendants Trader Joe's, which sells some
of the wines that were tested,
and about two dozen California wineries, including some well - known names such as Beringer, Fetzer,
and... Continue Reading
Not only was the printed matter on the McIlhenny bottle
and carton copied, but
defendant adopted a bottle
and carton
of the same size
and shape
and strikingly similar to that
of plaintiff.
The
defendant, in answer, denies that
plaintiff or its predecessors now use, or have ever used, the word «Tabasco» as a trade - mark or identifying name for sauce,
and specially avers that the word «Tabasco» could not
and can not be appropriated as a trade - mark, because it is geographical
and descriptive; that
plaintiff continually acquiesced in the descriptive use
of the word «Tabasco,»
and never made a bona fide attempt to establish the trade - mark it now asserts;
and that any rights that
plaintiff may have had in the name as a trade - mark were lost by the patenting
of the process
and the expiration
of such patent.
It appears from
defendant's own statement, that the McIlhenny bottle
and carton were used as a guide in the manufacture
of his own,
and the inference must follow that his intention then was to make it appear to the casual observer that his sauce
and that
of plaintiff were one
and the same,
and thus secure the advantage
of the extensive advertisement
and wide demand for
plaintiff's product, which the stipulation shows is sold in every State
of the Union
and many foreign countries
and is handled by a large maj ority
of the jobbers in the United States.
Where
defendant, manufacturer
of a sauce similar to
plaintiff's, copied the printed matter on
plaintiff's bottle
and carton
and adopted a bottle
and carton
of the same size
and shape as
plaintiff's, he was guilty
of unfair competition, although certain differences between the bottles could be discovered when the two were placed side by side.
Defendant Bulliard, concededly, has a perfect right, so far as
plaintiff is concerned, to make sauce in accordance with the patent, but he does not pretend to be doing so,
and, in fact, since the adoption
of the National Prohibition Amendment to the Constitution
and the passage
of an enforcement statute by Congress, he may not do so, as the patented process provided for a mixture
of alcohol as well as vinegar with the pepper pulp.
The fact that
defendant has not only dressed his product in imitation
of that
of the
plaintiff, but has, in addition, likewise used
plaintiff's trade - mark, gives added reason why the Court should require that hereafter
defendant not only discontinue the use
of the name «Tabasco,» but that he adopt a new
and distinctive bottle
and carton, such as will clearly
and unmistakably differentiate his sauce from the «Tabasco Pepper Sauce» manufactured by
plaintiff.
Not only did
defendant adopt the name
and imitate the bottles
and cartons in use by
plaintiff, but at the very beginning, when he started the manufacture
and sale
of his sauce in competition with the long established business
of plaintiff, he printed on his bottle labels a caution to use «only the genuine Evangeline,» thus apparently seeking to create the impression that such «Evangeline» Tabasco Sauce was an old
and established brand, against spurious imitations
of which the public should be warned.
Such
of these other manufacturers, including
defendant, whose use
of the word «Tabasco» came to the knowledge
of plaintiff and its predecessors, have been warned to the effect that they have no right to use the word in connection with the sauce, or to use similar packages,
and quite a number
of suits for infringement have been filed by
plaintiff, most
of which have been terminated by consent decrees.
These facts
and circumstances lead to the conclusion that
defendant's effort was to so imitate the bottling
and packaging
of plaintiff's sauce as to readily deceive the unobservant consumer, while yet preserving a sufficient distinction between the two.