Navigation “Here, even if the smudge in the signature line could be considered a ‘signature’ by an individual, no evidence in the record exists to show where the certified mail was actually delivered, because the return receipt does not contain a specific address as required by Civ. R. 4.1(A)(1),” the court said. “In this case, the […]
'Law.com' Category Archives
Divided 10th Circuit Reverses $1.5M in Sanctions Imposed on 2 Law Firms
“Attorneys have an independent duty to continually reevaluate their claims to avoid prolonging a meritless case,” stated Judge Timothy M. Tymkovich in his dissent. “The failure to do so is sanctionable. Here, plaintiffs’ counsel failed to avoid prolonging a meritless case.”
Johnson & Johnson Battles 'Talc Tunnel Vision' in First Trial Since Bankruptcies
In opening statements on Thursday, Johnson & Johnson lawyer Kim Bruno, of Butler Snow, told a jury in Oakland, California, that plaintiff Marlin Eagles was exposed to asbestos from Naval Shipyards and his work at Peterbilt.
At Oral Argument, Massachusetts Justices Mull Whether Imposing Time Limits on Trials Is an Abuse of Discretion
The central question at issue was whether the lower court abused its discretion.
Finding Geographic Distance Minimizes Consumer Confusion, Judge Sides With Defense in Trademark Infringement Dispute
“Plaintiff is therefore forced to resort to an argument that Defendant’s facilities—located on the opposite coast—infringe on its trademarks. This sort of significant geographic separation between local businesses, coupled with the lack of any legally cognizable consumer overlap, compels application of the principles espoused in Dawn Donut, What-A-Burger, and their progeny. Plaintiff makes many arguments […]