Category Archives: Litigation

Duplicative-Litigation Doctrine Against the Same

The duplicative-litigation doctrine prevents plaintiffs from “maintain[ing] two separate actions involving the same subject matter at the same time in the same court . . . against the same defendant.” Walton v. Eaton Corp., 563 F.2d 66, 70 (3d Cir. 1977) (en banc). In patent infringement cases, whether patent-infringement complaints involve the same subject matter (such as […]

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Duty of Loyalty After Interim Contract But Before Final Contract

Earlier, in LS3 Inc. v. Cherokee Nation Strategic Programs, L.L.C., No. 20-cv-03555-PAB, NYW (D. Colo. Sept. 29. 2021), the district court had held that Colorado had a strong public policy of not enforcing noncompete provisions, such that non-compete provisions in its LS3’s employment contracts were void and unenforceable. LS3 had claimed its former employees had […]

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Avoid Hubris and Disregard of Procedural Rules

Rule 16 of the Federal Rules of Civil Procedure provides that district courts are to achieve the just, speedy, and inexpensive determination of every action and proceeding. A district court may impose sanctions should a party or its counsel violate these standards under Rule 16. See Fed. R. Civ. P. 16(f) (“On motion or on […]

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Monster Discovery Sanction Excluding Actual Damages

Failure to disclose a computation of damages as required by Rules 26(a) and (e) may result in a motion to strike a claim for actual damages as a discovery sanction under Rule 37. Rule 26(a) requires a party to disclose “a computation of each category of damages claimed by the disclosing party,” among other information. […]

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Protective Orders and Joint Defense Agreements

The purpose of a protective order is to promote an efficient discovery process, while safeguarding the confidential information of the parties. Violating a protective order could lead to sanctions including contempt of court. In the Seventh Circuit, finding contempt requires clear and convincing evidence that (1) a court order sets forth an unambiguous command; (2) […]

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