News & Analysis as of

Judicial Notice

Chris Lazarini Analyzes Enforcement of Exculpatory Clauses

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed the court's enforcement of an exculpatory clause in the context of a Trading Advisory Agreement. Where parties elect to include exculpatory clauses in their contracts, such...more

ITC Judge Takes Notice of PTAB Institution Denials

by Jones Day on

PTAB trials are nearly always (~ 4 out of 5) driven by some concurrent litigation need, either a district court complaint of infringement filed against the petitioner or an International Trade Commission (ITC) investigation...more

Can PTAB Decision Not to Institute IPR Tank Invalidity Defense In ITC?

by Jones Day on

Judge McNamara determined to reopen the record after the hearing and take judicial notice of two PTAB decisions denying institution of IPR challenges of the asserted patents in Certain Composite Aerogel Insulation Materials...more

Off The Record. Or Not?

by Carlton Fields on

In November 2007, an article titled “Off the Record,” which was co-authored by one of this article’s authors, was published in this Journal. It began by saying “[e]very good appellate lawyer knows that an appeal is...more

Use of Judicial Notice in Likelihood of Confusion Analysis Held Improper

by McDermott Will & Emery on

Addressing the likelihood of confusion for competing marks used in connection with financial services, the US Court of Appeals for the First Circuit largely reversed the district court’s finding that the defendant’s use of...more

The Simplest Way to Defeat Claims Alleging an Invalid Assignment of a Deed of Trust: Judicially Noticeable Documents

Recently, much judicial ink has been deployed writing opinions addressing borrower challenges to foreclosure based on allegations that the deed of trust was not validly assigned to the foreclosing lender. Earlier this...more

Federal Court Travels “Wayback” and Takes Judicial Notice of Internet Archive

by Dorsey & Whitney LLP on

Trademark attorneys often must determine when a third-party used a mark in commerce and the extent and nature of such use, particularly when considering whether to take legal action against a third party for the unauthorized...more

Determining Reasonable Notice: Is Character of Employment a Less Important Factor?

by Field Law on

As an employer, when terminating an employee without just cause, it is important to have some sense of the reasonable notice period a court might award in the circumstances in order to prepare an appropriate severance offer....more

PMA Medical Device Preemption Decision – Better Late Than Never

by Reed Smith on

We recently learned of Thomas v. Alcon Laboratories, ___ F. Supp.3d ___, 2013 WL 10888983 (N.D. Ga. Jan. 29, 2013), dismissing a contact lens product liability complaint as preempted under Riegel v. Medtronic, Inc., 552 U.S....more

California Federal Court Dismisses FCA Case Pursuant to Public Disclosure Bar

In United States and State of California ex rel. Fryberger et al. v. Kiewit Pacific Company, et al., No. 12-CV-02698, 2013 WL 5770514 (October 24, 2013), a California federal court in the Northern District of California ...more

Judicial Notice Doctrine Bolstered by Court of Appeal Decision

by Hinshaw & Culbertson LLP on

A recent California decision should make it easier for insurers to attack allegations at the pleading stage in state court actions. ...more

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