Under the Federal Rules of Civil Procedure, a court may grant Rule 11 sanctions when one improperly certifies a document filed with the court that (1) “is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation”; (2) “the claims, defenses, and other legal […]
Pending trademark applications for the RAMEN HOOD mark filed by Ramen Hood, LLC, a California company, were suspending in view of earlier-filed trademark applications for RAMEN HOOD composite word-and-design marks filed by Ramenhood LLC, an Arizona company. Both applications were for restaurant services. When the earlier-filed intent-to-use (“ITU”) applications for the RAMEN HOOD composite word-and-design […]
Under the Stored Communications Act (“SCA”), 18 U.S.C. § 2701, whoever: (1) intentionally accesses without authorization a facility through which an electronic communication service is provided; or (2) intentionally exceeds an authorization to access that facility; and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage […]
The filing of a complaint tolls the statute of limitations for compulsory counterclaims in many courts. See, e.g., Burlington Indus., Inc. v. Milliken & Co., 690 F.2d 380, 389 (4th Cir. 1982); UST Capital Corp. v. Charter Nat’l Life Ins. Co., 684 F. Supp. 757, 759 (D. Mass. 1986). But this conclusion has not been […]
The purpose of the statute of limitations “is to require the reasonably diligent presentation of tort claims.” U.S. v. Kubrick, 444 U.S. 111, 123 (1979); see also Hickerson v. Vessels, 316 P.3d 620, 623–24 (Colo. 2014) (“The purpose of a statute of limitations is to promote justice, discourage unnecessary delay, and forestall the prosecution of […]