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(U.S. 5th Cir., Civil Procedure, Contracts, Insurance Law) In an action alleging breach of life insurance investment contracts, the dismissal of the complaint is affirmed where the District Court correctly held that Plaintiffs’ claims were barred by the Texas statute of limitations, because Plaintiffs’ alleged injury was not inherently undiscoverable.
SunCoke En’gy Inc. v. MAN Ferrostaal A.G.
(U.S. 6th Cir., Civil Procedure, Contracts, Trade Secrets) In an action seeking the return of trade secret information, the dismissal of the complaint for lack of personal jurisdiction is reversed, where Defendant’s dealings with Plaintiff in Tennessee and jurisdiction over a highly integrated group of transactions should be adjudicated as a whole and not piecemeal.
Ministry of Def. v. Elahi
(U.S.S.C., Civil Procedure, Dispute Resolution & Arbitration, Government Law, Injury And Tort Law, International Law, Judgment Enforcement) In an action seeking to attach a judgment obtained by Iran, the District Court’s order permitting the attachment is reversed, where Plaintiff could not attach the judgment because he waived his right to do so, as the U.S. paid Plaintiff as partial compensation for his judgment against Iran under the Victims of Trafficking and Violence Protection Act.
Bonner v. Perry
(U.S. 6th Cir., Civil Procedure, Civil Rights, Criminal Law & Procedure) In a 42 U.S.C. section 1983 action based on alleged sexual harassment by a prison official, the dismissal of the complaint on statute of limitations grounds is affirmed, where a prior Sixth Circuit decision held that the Kentucky statute of limitations for Section 1983 purposes was one year.
Synthes v. GMReis
(U.S. Fed. Cir., Civil Procedure, Intellectual Property, Patent) In a patent infringement action involving a bone plating system, district court’s dismissal for lack of personal jurisdiction is reversed where although the court was correct in ruling that it did not have general jurisdiction over defendant, it erred in its ruling that it lacked specific jurisdiction, as defendant purposefully directed its activities at parties in the U.S., plaintiff’s claim of patent infringement arises out of defendant’s activities in the U.S., and assertion of jurisdiction over defendant is reasonable and fair.
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(U.S. Fed. Cir., Civil Procedure, Intellectual Property, Patent) In a patent infringement action involving a bone plating system, district court’s dismissal for lack of personal jurisdiction is reversed where although the court was correct in ruling that it did not have general jurisdiction over defendant, it erred in its ruling that it lacked specific jurisdiction, as defendant purposefully directed its activities at parties in the U.S., plaintiff’s claim of patent infringement arises out of defendant’s activities in the U.S., and assertion of jurisdiction over defendant is reasonable and fair.
Teselle v. McLoughlin
(Cal. App., Civil Procedure, Probate, Trusts & Estates) In a dispute involving a trust, summary judgment for defendants is reversed where: 1) the late filing by plaintiff of an opposition statement did not violate the policies of Code Civ. Pro. section 437c (b)(2) or (b)(3) and thus was not sufficient grounds for granting summary judgment; 2) defendants did not address the amendment to one trust in their motion for summary judgment, which was a material allegation; 3) defendant’s motion for summary adjudication of the elder abuse cause of action was insufficient as he did not provide the necessary facts to support the motion; 4) trial court improperly granted summary adjudication with respect to the cause of action for a constructive trust as defendants did not establish all the necessary elements; and 5) defendants should not have obtained summary adjudication on the accounting cause of action on the basis of plaintiff’s insufficient discovery answers.