Jan 16
Although many people know her simply as Rihanna, the worldwide superstar’s full name is Robyn Rihanna Fenty. Rihanna has trademarked the name “Fenty” and used it for various branded ventures, most notably her successful beauty line Fenty Beauty. Certainly the name has value and is worth protecting. As reported by TMZ, Rihanna is currently endeavoring to …
Permanent link to this article: https://betweenthenumbers.net/2019/01/rihanna-sues-her-father-over-use-of-their-shared-name/
Jan 03
Defend Trade Secrets Act “DTSA” now provides federal protection against and remedies for trade secret misappropriation that previously existed via the state courts. DTSA defines a trade secret as: “All forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, …
Permanent link to this article: https://betweenthenumbers.net/2019/01/defend-trade-secrets-act-protects-against-misappropriation/
Oct 19
The San Antonio Court of Appeals recently affirmed summary judgment for Marathon Oil Corporation in their defense against a case brought by Michael and Myra Cerny. The underlying litigation alleged that emissions from Marathon plants caused the Cernys various injuries and property damage. However, the Cernys presented no expert medical testimony on the causation of …
Permanent link to this article: https://betweenthenumbers.net/2015/10/appeals-court-requires-a-medical-expert-to-prove-discomfort-causation/
Jun 30
The April 2013 Supreme Court decision in Comcast Corp. v. Behrend, No. 11-864, was a profound change benefitting companies facing class action lawsuits. The Court held that a plaintiff seeking certification must establish through “evidentiary proof” that damages can be measured on a class-wide basis. Individual damage issues can defeat class certification where those issues …
Permanent link to this article: https://betweenthenumbers.net/2015/06/supreme-court-to-address-use-of-statistics-for-class-action-certification/
Jun 04
A recent case illustrated how expert testimony may still be appropriate even when all of the expert’s actual opinions are deemed inadmissible. In Ross v. Rothstein (March 12, 2015), the Court concluded that an expert’s testimony still offered information helpful to the Court with regard to underlying facts that supported his improper (legal) opinions. The Court cited …
Permanent link to this article: https://betweenthenumbers.net/2015/06/expert-can-still-testify-despite-opinions-being-thrown-out/
May 21
A recent case addressed the interesting question of whether a corporation could serve as an expert witness. The matter involved a breach of fiduciary duty case coordinated with an appraisal proceeding, in re Dole Food Company (“Dole”). The defendants designated Stifel, Nicolaus & Company, Incorporated (“Stifel”), a corporation, to serve as their expert witness regarding …
Permanent link to this article: https://betweenthenumbers.net/2015/05/court-requires-expert-witness-to-have-a-body-and-a-brain/
Permanent link to this article: https://betweenthenumbers.net/2015/02/internet-real-estate-continues-to-evolve-with-new-gtlds/
Feb 16
In National Union Fire Insurance Co. of Pittsburgh Pa. v. Tokio Marine and Nichido Fire Insurance Co., the California Court of Appeal in the Second District held that a subsequent indemnity coverage action by an insurer may include expert opinions not presented by the original plaintiff’s experts in the underlying dispute.The underlying plaintiff settled with Costco …
Permanent link to this article: https://betweenthenumbers.net/2015/02/court-rules-indemnification-plaintiff-doesnt-have-to-rely-only-on-former-opposing-expert/
Jan 22
In a recent patent infringement case, a Rule 30(b)(6) deposition (of the person most knowledgeable or “PMK” of a corporation on defined topics) included over 300 objections by plaintiff’s lawyer. The defense subsequently argued for additional time to re-depose the PMK, claiming that the large number of objections effectively “ran down the clock” and prevented …
Permanent link to this article: https://betweenthenumbers.net/2015/01/defense-asks-court-to-let-the-witness-speak/
Aug 29
Jones v. ConAgra Foods, Inc. is a recent case that demonstrates the damages-based hurdles to obtaining class certification. Despite Plaintiff’s presentation of three different damages models (“full refund,” “price premium,” and “regression”), Judge Charles R. Breyer concluded each failed to demonstrate class-wide damages. Because of this failure, Judge Breyer denied class certification. The case involved …
Permanent link to this article: https://betweenthenumbers.net/2014/08/three-strikes-damages-out-in-recent-ca-class-certification/
Feb 17
Internet Real Estate Continues to Evolve with New gTLDs
February 17, 2015
The Internet Corporation for Assigned Names and Numbers (“ICANN”) announced that over 500 new generic top-level domains (“gTLDs”) have now been introduced into the Internet. The milestone 500th gTLD was .NTT, which represents Nippon Telegraph and Telephone. New domains are rolling out at an average of one per day. ICANN has described its current process as the “Internet’s …
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