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Applera Corporation - Applied Biosystems Group v. Illumina, Inc. et al

Reply Memorandum re MOTION for Summary Judgment on Plaintiffs State-Law Causes of Action for Failure to Comply with the Statutes of Limitations and Opposition to Plaintiff's Cross-Motion for Summary Judgment 119

21 Cited authorities

  1. Norgart v. Upjohn Co.

    21 Cal.4th 383 (Cal. 1999)   Cited 1,296 times   1 Legal Analyses
    Holding that the discovery rule "postpones accrual of a cause of action until the plaintiff discovers, or has reason to discover, the cause of action, until, that is, he at least suspects, or has reason to suspect, a factual basis for its elements"

  2. April Enterprises, Inc. v. KTTV

    147 Cal.App.3d 805 (Cal. Ct. App. 1983)   Cited 357 times
    Holding that a party can be liable in tort for actions authorized by the contract

  3. Milgard Tempering, Inc. v. Selas Corp. of America

    902 F.2d 703 (9th Cir. 1990)   Cited 286 times
    Holding § 455 did not require recusal of a district judge whose law clerk received a job offer from the plaintiff's law firm while the case was pending because the judge screened the law clerk from the case immediately after the firm contacted the clerk

  4. Richardson v. U.S.

    841 F.2d 993 (9th Cir. 1988)   Cited 256 times
    Affirming that only "an intervening decision of the highest state court in a case governed by state law is grounds for reconsidering the law of the case"

  5. Advanced Cardiovascular v. Scimed Life

    988 F.2d 1157 (Fed. Cir. 1993)   Cited 200 times   2 Legal Analyses
    Holding that in a Section 256 claim, laches cannot be decided at the pleading stage "based solely on presumptions"

  6. United States Liab. Ins. Co. v. Haidinger-Hayes, Inc.

    1 Cal.3d 586 (Cal. 1970)   Cited 321 times
    Holding "[d]irectors or officers of a corporation do not incur personal liability for torts of the corporation merely by reason of their official position, unless they participate in the wrong or authorize or direct that it be done."

  7. O'Riordan v. Federal Kemper Life Assurance Co.

    36 Cal.4th 281 (Cal. 2005)   Cited 102 times   5 Legal Analyses
    Imputing agent's knowledge to the principal even though agent acquired the relevant information before the agency relationship began

  8. Preaseau v. Prudential Ins. Co. of America

    591 F.2d 74 (9th Cir. 1979)   Cited 210 times
    Holding that, after removal of diversity case to federal court, the federal court may grant summary judgment notwithstanding earlier denial of summary judgment motion by state court

  9. Miller v. Bechtel Corp.

    33 Cal.3d 868 (Cal. 1983)   Cited 165 times
    Holding that if plaintiff "became aware of facts which would make a reasonably prudent person suspicious, she had a duty to investigate further, and she was charged with knowledge of matters which would have been revealed by such an investigation" even where wrongdoer was fiduciary

  10. Prudential Home Mortgage Co. v. Superior Court

    66 Cal.App.4th 1236 (Cal. Ct. App. 1998)   Cited 100 times   1 Legal Analyses
    Holding that statutory relief under the UCL "is subject to fundamental equitable principles, including inadequacy of the legal remedy."

  11. Section 287 - Limitation on damages and other remedies; marking and notice

    35 U.S.C. § 287   Cited 757 times   92 Legal Analyses
    Limiting liability of medical practitioners for performance of certain medical and surgical procedures

  12. Section 1.60-1.62 - Reserved

    37 C.F.R. § 1.60-1.62   Cited 16 times   1 Legal Analyses

    37 C.F.R. §1.60-1.62