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Declaration Reply Declaration By Thomas Boeder In Support of Flagship Motion For Attorneys Fees

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27 Cited authorities

  1. Leegin Creative Leather Products, Inc. v. PSKS, Inc.

    551 U.S. 877 (2007)   Cited 458 times   74 Legal Analyses
    Holding that vertical agreements are not per se illegal

  2. Orson, Inc. v. Miramax Film Corp.

    79 F.3d 1358 (3d Cir. 1996)   Cited 522 times
    Holding that "legal memoranda and oral argument are not evidence."

  3. United States v. Paramount Pictures

    334 U.S. 131 (1948)   Cited 591 times   4 Legal Analyses
    Holding that an agreement among five producers of motion pictures and their affiliates to share profits according to prearranged percentages was anticompetitive

  4. Electronic Funds Solutions, LLC v. Murphy

    134 Cal.App.4th 1161 (Cal. Ct. App. 2005)   Cited 128 times
    Reversing default judgment in case involving trade secret misappropriation and other business torts

  5. U.S. v. Crescent Amusement Co.

    323 U.S. 173 (1944)   Cited 202 times
    Holding that factual findings "must stand or fall depending on whether they are supported by evidence"

  6. Williams v. Russ

    167 Cal.App.4th 1215 (Cal. Ct. App. 2008)   Cited 82 times
    Addressing a party's "failure to preserve evidence for another's use in pending or future litigation" and corresponding sanctions

  7. Adams v. Aerojet-General Corp.

    86 Cal.App.4th 1324 (Cal. Ct. App. 2001)   Cited 79 times
    Rejecting the contention that an attorney has "presumptive knowledge [about the former client and relevant legal issues] based solely on his former membership in a law firm which represented the former client"

  8. R.S. Creative, Inc. v. Creative Cotton, Ltd.

    75 Cal.App.4th 486 (Cal. Ct. App. 1999)   Cited 73 times
    Terminating sanctions upheld where plaintiff originally offered forged contract as true, destroyed evidence of the forged document, would not sit for her continued deposition, and violated two discovery orders

  9. U.S. v. Syufy Enterprises

    903 F.2d 659 (9th Cir. 1990)   Cited 96 times   3 Legal Analyses
    Holding that industries that require "onerous front-end investments that might deter competition from all but the hardiest and most financially secure investors" are characterized by structural entry barriers

  10. Admiral Theatre Corp. v. Douglas Theatre Co.

    585 F.2d 877 (8th Cir. 1978)   Cited 127 times
    Holding that taxing of cost of service for witness, who was not listed on plaintiff's original witness list and that was ultimately precluded from testifying, was justified because defendant did not know at the time of service that witness' testimony would be precluded

  11. Rule 8.1115 - Citation of opinions

    Cal. R. 8.1115   Cited 73,834 times

    (a) Unpublished opinion Except as provided in (b), an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action. (b)Exceptions An unpublished opinion may be cited or relied on: (1) When the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel; or (2) When the opinion is relevant to a criminal or disciplinary

  12. Rule 8.1110 - Partial publication

    Cal. R. 8.1110   Cited 2,325 times

    (a)Order for partial publication A majority of the rendering court may certify for publication any part of an opinion meeting a standard for publication under rule 8.1105. (Subd (a) amended effective January 1, 2007.) (b) Opinion contents The published part of the opinion must specify the part or parts not certified for publication. All material, factual and legal, including the disposition, that aids in the application or interpretation of the published part must be published. (c) Construction For

  13. Rule 8.1105 - Publication of appellate opinions

    Cal. R. 8.1105   Cited 2,086 times

    (a)Supreme Court All opinions of the Supreme Court are published in the Official Reports. (b)Courts of Appeal and appellate divisions Except as provided in (e), an opinion of a Court of Appeal or a superior court appellate division is published in the Official Reports if a majority of the rendering court certifies the opinion for publication before the decision is final in that court. (Subd (b) amended effective July 23, 2008; adopted effective April 1, 2007.) (c)Standards for certification An opinion