Motion To Strike

News & Analysis as of

District Court Grants Motion to Strike Errata Changing Deposition Answers from a "Yes" to a "No"

In this patent infringement action, the defendants filed a motion to strike an errata change to the deposition testimony of a witness, Joseph Tindall. The district court noted that if the errata were allowed, it would change...more

Avatar Wins Against Another Copyright Owner… in an Unusual Manner

A recent decision from the California Court of Appeal, Fourth Appellate District, ended the hopes and dreams of a copyright owner from receiving a share of the $2.8 billion earned by James Cameron’s Avatar film. In this...more

"The Class Action Chronicle - Summer 2016"

This is the 12th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Cramer v. Starr

A Tort Defendant May Name Plaintiff’s Subsequent Physician As A Non-Party At Fault, Despite The “Original Tortfeasor Rule” - Arizona’s comparative fault statute (UCATA) requires the trier of fact in a tort case to...more

Defence & Indemnity - June 2016: V. SURETY AND BOND ISSUES

Obligee's claim against surety can survive despite Obligee's claim against principal being unenforceable as a result of wording of completion agreement - HOOPP Realty Inc. v. The Guarantee Company of North America, 2015...more

T&E Litigation Newsletter- July 2016 #1

Two decisions issued in June will be of interest to probate litigators and estate planning lawyers. The Massachusetts Appeals Court issued a decision in late June with an interesting twist on the burden required to...more

District Court Strikes Infringement Contentions and Sanctioned Plaintiff for Taking Inconsistent Positions

The defendant, Echoworx, brought a motion to strike ZixCorp's infringement contentions. ZixCorp had served its original infringement contentions on Echoworx, contending that the elements of the patent-in-suit are software...more

District Court Strikes Documents That Were Not Produced During Discovery Even Though Documents Were Publically Available

In this patent infringement action, Mobile Telecommunications Tech., LLC ("MTel") filed against Blackberry Corp., MTel moved to exclude certain exhibits that were archived press releases published by RCR Wireless and SkyTel...more

No “Last Resort” Striking of Undisclosed Expert Opinion

Order Granting-in-Part Motion to Strike Declaration of Miguel Gomez, VIA Techs., Inc. et al. v. ASUS Computer Int’l, et al., Case No. 14-cv-03586 (Magistrate Judge Paul Grewal) - In a recent order in VIA Techs., Inc. v....more

Failure to Observe Bankruptcy Rule Deadline in An Adversary Proceeding Tried in District Court Costs Defendants Opportunity to...

A recent case from the 11th Circuit illustrates the procedural perils of litigation arising from a bankruptcy case but ultimately tried in the district court. In Rosenberg v. DVI Receivables XIV, LLC, the defendants lost...more

The “Pot, Kettle, Black” Doctrine

The adage “the pot calling the kettle black”—referring to someone who is guilty of the very thing that he accuses another of—is a bit of equitable common sense that practitioners ought not to forget. In a recent patent...more

Repeated Willful Violations During Trial of Court’s In Limine Rulings Results in Terminating Sanctions Including Dismissal of...

The Court of Appeal of the State of California - Second Appellate District in Osborne v. Todd Farm Service, et al. (5/2/16 – Case no. B260280) affirmed the trial court’s dismissal of plaintiff’s complaint for personal...more

California Court of Appeal Affirms Demurrer to Class Allegations Where Mobilehome Park Residents Lack Community of Interest

In Schermer v. Tatum, 245 Cal. App. 4th 912 (2016), the California Court of Appeal affirmed two important principles for class actions in California: (1) to have a community of interest, there must be a wrong that is truly...more

The Class Action Chronicle - Spring 2016

This is the 11th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Bill of costs that was untimely due to clerical error was not stricken

Jordan, J. (sitting by designation) Plaintiff’s motion for an extension to file a bill of costs is granted. Defendant’s motion to strike the bill of costs is denied....more

Blake Shelton Says Magazine Wrong About Rehab & Survives Anti-SLAPP Motion

Last year, country music superstar Blake Shelton filed suit in federal court against the creators and publishers of In Touch Weekly, bringing claims of libel per se and false light invasion of privacy after the magazine...more

A Tale of Two Orders: Different Results for Motions to Strike Class Allegations

The Southern District of California and the Northern District of Illinois recently entered orders addressing motions to strike class allegations—with very different results for the respective defendants. Although the claims...more

Solid Affirmances: Avandia Summary Judgment, and Westminster

We were not able to make our annual pilgrimage to the Westminster Kennel Club Dog Show this year, so we had to settle for watching the televised portions on the couch with the Drug and Device Law Rescued Ragamuffins. And the...more

District Court Grants Motion to Strike Damage Expert Where Damage Expert Did Not Serve Report Prior to Court Deadline

In this patent infringement suit, Defendants and Counterclaimants James Stephens and Spectrum Laboratories, LLC ("Spectrum") moved to strike the report of Plaintiff's damages expert, Robert Taylor. Spectrum argued that the...more

Actor James Woods Defeats Anonymous Tweeter’s Special Motion to Strike Defamation Suit

In July 2015, renowned film and television actor James Woods filed a $10 million defamation lawsuit against anonymous Twitter user “Abe List,” alleging that Abe List falsely accused Woods of being a cocaine addict. The...more

Court Rules On Pre-Trial Motions To Strike

Andrews, J. Three motions to strike and one motion to preclude untimely evidence from trial are granted in part, denied in part, and dismissed as moot in part. The court has ruled in plaintiffs’ favor for each issue...more

Don’t Rest on Your Laurels: The Importance of Adapting Objections to Changed Circumstances

Without a crystal ball, trial lawyers can make objections only on the basis of what has occurred or what they reasonably expect might occur based on the facts and circumstances existing at the time. Litigation, however is a...more

Federal ALJ Allows OSHA to Seek Enterprise-Wide Abatement of Hazards Discovered at One Location

OSHA inspections are usually site-specific, meaning that the agency’s authority to issue penalties and to seek abatement of workplace hazards applies to the workplace actually inspected. Last month, a federal Administrative...more

District Court Strikes Expert Opinion Testimony on Patent Subject Matter Eligibility Under Section 101

Defendants Metaswitch Networks Ltd and Metaswitch Networks Corp. ("Metaswitch") filed a motion to strike plaintiff's expert opinions of Mr. Lanning, including his opinions that the patents in suit claim patent-eligible...more

PTAB Grants Patent Owner Request for Surreply to Defend Reduction to Practice Claim - HTC Corp. v. NFC Technology, LLC

Addressing whether a patent owner may file a surreply brief in an inter partes review (IPR) proceeding, the Patent Trial and Appeal Board (PTAB or Board) granted the request, but limited the size of the surreply and the scope...more

72 Results
|
View per page
Page: of 3
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×