Michael Taylor Designs, Inc. v. Travelers Property Casualty Co.

Motion for Partial Summary Judgment Re: Quantification of Fees


Plaintiff Michael Taylor Designs, Inc. brought its Motion for Partial Summary Judgment Re: Quantification of Attorneys Fees after prevailing on its earlier MSJ on the duty to defend. After the hearing of that motion, Judge Richard Seeborg found that allegations that MTD had "steered" customers to ersatz goods implicitly meant that its salesmen had made statements which influenced customers to buy cheap "synthetic knock-offs," and thus triggered coverage for tarnishment of "trade dress" under the policy at issue.

The instant motion was set for hearing on March 10, 2011, but the case settled before hearing on the matter, with Travelers stipulating to judgment against it for in excess of $200,000.

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Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | Federal, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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