Motion for Leave

News & Analysis as of

Federal Court Grants Cedents’ Request For Expedited Discovery In Reinsurance Dispute

A federal court in Georgia recently granted the plaintiffs-cedents’ motion for leave to conduct certain expedited discovery from their reinsurer, holding that the potential prejudice to the cedents if discovery is not allowed...more

District Court Denies Leave to Amend to Add Implied License Affirmative Defense Where Motion for Leave Was Filed Just Two Months...

Google, Inc. and YouTube, LLC (collectively "Google") filed a motion for leave to amend their answer to include an implied license affirmative defense. Because Google filed the motion to amend its answer more than two months...more

Tables Turned: 21 States Tell Delaware to “Fork Over Our Unclaimed Property!"

The latest salvo in an ongoing battle against Delaware was fired on June 9, when 21 states, led by Texas and Arkansas, filed a motion in the U.S. Supreme Court to force Delaware to return to the States between $150 million...more

Delaware Asks U.S. Supreme Court to Decide Escheat Dispute Between States

On May 26, 2016, Delaware filed a motion with the United States Supreme Court requesting leave to file a bill of complaint against other states regarding escheatment of uncashed “official checks.” Specifically, Delaware...more

Test for Leave to bring Secondary Market Securities Class Action is not a “Low Bar”

The recent decision in Bradley v. Eastern Platinum Ltd. saw the Superior Court of Justice reaffirm the position that the test for statutory leave to bring a secondary market securities class action “is not a low bar.” Justice...more

Google Appeals Equustek to SCC

The Google and Equustek Saga has garnered attention across Canada and even among US commentators (something rare for Canadian decisions). In September, 2015, Google Inc. filed an application for leave to appeal the decision...more

District Court Denies Motion for Leave to Have Forensic Expert Report Used as Affirmative Evidence

The defendants filed a motion for leave to have the forensic expert report of Curtis Rose considered as affirmative evidence. The defendants timely served Rose's expert rebuttal report but sought to use his opinions as...more

Theratechnologies leave threshold proves too robust for plaintiff shareholder in Securities Class Action

In Mask v. Silvercorp Metals Inc. released on October 22, 2015, the Ontario Superior Court of Justice considered a motion for leave to commence an action for secondary market misrepresentation under section 138.8 of the...more

Producing 500,000 Pages of Documents and Source Code Found to be Good Cause For Leave to Amend Infringement Contentions

Order Granting Motion For Leave To Amend Infringement Contentions, Delphix Corp. v. Actifio, Inc., Case No: 13-CV-04613 BLF-HRL(Judge Howard R. Lloyd) - The NorCal IP Blog has reported on multiple decisions granting or...more

PTAB Designates Recent Ruling as Information: Proposed Complaints Do Not Trigger the Time-Bar Under § 315(b) - TRW Automotive US...

In a ruling recently designated as informative, the U.S. Patent and Trademark Office’s (PTO’s) Patent Trial and Appeal Board (PTAB or Board) rejected a patent owner’s argument that the petitions were time-barred, finding the...more

Illinois Supreme Court Denies All Ten Amici Requests in Support of State in Pension Appeal

Over four days in mid-January, no fewer than ten entities – public entities, charitable institutions and individuals – filed motions for leave to file amicus briefs in support of the State’s defense of the public pension...more

Blaustein v. Lord Baltimore Capital Corp., No. 272, 2013 (Del. Jan. 21, 2014)

In this opinion, the Supreme Court of the State of Delaware affirmed the Court of Chancery’s denial of plaintiffs’ motion for leave to amend and supplement their complaint to allege a new fiduciary duty claim and a new...more

Deloitte & Touche Inc. Seeks To Discontinue Class Action Against Bre-X Principals

Deloitte & Touche Inc. (“Deloitte”), the long-acting trustee for the Estate of Bre-X Minerals Ltd., has brought motions in the Alberta and Ontario courts seeking leave to discontinue the class action litigation that it has...more

Court Confirms No Need For Defendants To Lead Evidence In Motion For Leave Under Part XXIII.1 Of The Ontario Securities Act

In the recent decision of Dugai, Murphy v. Manulife Financial Corporation (2013 ONSC 327), the Divisional Court confirmed the principle that defendants have no obligation to lead evidence on a motion for leave to assert a...more

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