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Dismissals Prejudice

Bennett Jones LLP

Ontario Court of Appeal Changes the Test Under Rule 24.01—The Passage of Time is Prejudicial

Bennett Jones LLP on

In Barbiero v Pollack, 2024 ONCA 904 (Barbiero) the Court of Appeal for Ontario upheld the motion judge’s dismissal of a class proceeding for delay under Rule 24.01 of the Rules of Civil Procedure. The plaintiff had not set...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Drain Tile System/Adjacent Landowner: Vermont Supreme Court Addresses Issues Arising in Nuisance/Trespass Action

The Supreme Court of Vermont (“Supreme Court”) in a May 24th opinion addressed issues stemming from a dairy farm’s installation of a drain tile system that discharged water into a streambed and lake allegedly affecting  a...more

Smart & Biggar

Federal Court dismisses patent infringement Action for delay

Smart & Biggar on

In Sikes et al. v Encana Corporation et al. (Court File No. T-1345-13), the Federal Court recently issued an Order dismissing the Action for delay following a status review under section 382.1 of the Federal Courts Rules,...more

Akin Gump Strauss Hauer & Feld LLP

Bar to File IPR Triggered by Declaratory Judgment Action, Even if Complaint Was Dismissed Without Prejudice

In Ruiz Food Products, Inc. v. MacroPoint LLC, the Patent Trial and Appeal Board (PTAB) considered whether the time-bar provision of 35 U.S.C. § 315(a)(1) was triggered when a real party-in-interest had previously filed an...more

Dickinson Wright

Appealability of Dismissals “Without Prejudice”*

Dickinson Wright on

A fundamental rule of appellate jurisdiction is the need for a “final” decision. In Michigan, a final judgment or order is typically “the first judgment or order that disposes of all the claims and adjudicates the rights and...more

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