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Roger Cleveland Golf Company Inc v. Prince et al

RESPONSE in Opposition re MOTION for New Trial MOTION for Judgment as a Matter of Law Motion for New Trial, Motion for Relief from Judgment, 135 Supplemental MOTION for Judgment as a Matter of LawSupplemental MOTION for New TrialSupplemental MOTION for Relief from Judgment Response

18 Cited authorities

  1. Inwood Laboratories v. Ives Laboratories

    456 U.S. 844 (1982)   Cited 1,259 times   25 Legal Analyses
    Holding that secondary liability for trademark infringement arises when a manufacturer or distributor intentionally induces another to infringe

  2. Spell v. McDaniel

    824 F.2d 1380 (4th Cir. 1987)   Cited 1,029 times   1 Legal Analyses
    Holding that the prevailing market rate can be established with reference to “information concerning recent fee awards by courts in comparable cases”

  3. Bryant v. Aiken Regional Medical Centers Inc.

    333 F.3d 536 (4th Cir. 2003)   Cited 541 times
    Holding that a "plaintiff can prove illegal retaliation under . . . § 1981" in the same manner as he establishes retaliation under Title VII

  4. Williamson v. Consolidated Rail Corp.

    926 F.2d 1344 (3d Cir. 1991)   Cited 528 times
    Holding that an individual who worked for a wholly-owned subsidiary of a railroad had shown sufficient evidence that he was under the control and direction of the railroad at the time of his accident to defeat summary judgment

  5. Tiffany (NJ) Inc. v. eBay Inc.

    600 F.3d 93 (2d Cir. 2010)   Cited 276 times   19 Legal Analyses
    Holding that addressing specific notices of counterfeit Tiffany products was sufficient, even though eBay "knew as a general matter that counterfeit Tiffany products were listed and sold through its website."

  6. Conner v. Shrader-Bridgeport Inter., Inc.

    227 F.3d 179 (4th Cir. 2000)   Cited 140 times
    Holding that the district court's failure to apply the appropriate legal standard amounted to an abuse of discretion

  7. South Atlantic Limited v. Riese

    284 F.3d 518 (4th Cir. 2002)   Cited 127 times
    Holding that a breach of contract must be particularly egregious to permit recovery under Section 75-1.1

  8. Georgia Pac. Consumer v. Von Drehle Corp.

    618 F.3d 441 (4th Cir. 2010)   Cited 52 times
    Instructing that plaintiff could only defeat defendant's contention of justifiable interference with plaintiff's leases if it prevailed on its Lanham Act or unfair competition claims

  9. Scott v. Monsanto Co.

    868 F.2d 786 (5th Cir. 1989)   Cited 86 times
    Holding that restricting use of discovery materials to the opposing party and its counsel, representatives, experts or consults "was not unduly constricting" when plaintiffs had broadly sought discovery

  10. Abasiekong v. City of Shelby

    744 F.2d 1055 (4th Cir. 1984)   Cited 54 times
    Holding that trial court should not substitute its own judgment of facts and witness credibility, particularly where the subject matter of trial is easily comprehended by a lay jury

  11. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 53,735 times   147 Legal Analyses
    Granting relief from the operation of a judgment

  12. Rule 50 - Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling

    Fed. R. Civ. P. 50   Cited 13,627 times   62 Legal Analyses
    Allowing "renewed motion"

  13. Rule 51 - Instructions to the Jury; Objections; Preserving a Claim of Error

    Fed. R. Civ. P. 51   Cited 2,450 times   7 Legal Analyses
    Recognizing exception to rule that error may be assigned to failure to give instruction only if party "properly requested it . . . and properly objected"