§Why CasetextPricing

Shum v. Intel Corporation et al

Reply Memorandum re MOTION to Strike 533 MOTION for Summary Judgment Plaintiff Frank Shum's Notice of Motion and Motion to Strike Defendants' Motion for Summary Judgment and Objections to Evidence MOTION to Strike 533 MOTION for Summary Judgment Plaintiff Frank Shum's Notice of Motion and Motion to Strike Defendants' Motion for Summary Judgment and Objections to Evidence

19 Cited authorities

  1. School District No. 1J, Multnomah County v. ACandS, Inc.

    5 F.3d 1255 (9th Cir. 1993)   Cited 4,928 times   2 Legal Analyses
    Holding that the "overwhelming weight of authority is that the failure to file documents in an original motion or opposition does not turn the late filed documents into 'newly discovered evidence'" for a motion for reconsideration

  2. City of Hope Nat. Medical Center v. Genentech, Inc.

    43 Cal.4th 375 (Cal. 2008)   Cited 400 times
    Holding that when "ascertaining the intent of the parties at the time the contract was executed depends on the credibility of extrinsic evidence, that credibility determination and the interpretation of the contract are questions of fact that may properly be resolved by the jury"

  3. Mustafa v. Clark County School District

    157 F.3d 1169 (9th Cir. 1998)   Cited 368 times
    Holding there is no deprivation of liberty where an employee is given a chance to clear his name

  4. Kelley v. Price-Macemon, Inc.

    992 F.2d 1408 (5th Cir. 1993)   Cited 294 times
    In Kelley v. Price-Macemon, Inc., 992 F.2d 1408, 1415 n. 12 (5th Cir. 1993), cert. denied, ___ U.S. ___, 114 S.Ct. 688, 126 L.Ed.2d 656 (1994), the Court addresses this precise issue. It holds that if a certified copy of the transcript is filed, it is properly before the Court for consideration pursuant to Rule 56(c).

  5. Persson v. Smart Inventions, Inc.

    125 Cal.App.4th 1141 (Cal. Ct. App. 2005)   Cited 141 times   1 Legal Analyses
    Holding the employer liable when one of its directors fraudulently concealed information during contract negotiations

  6. U.S. v. Thrasher

    483 F.3d 977 (9th Cir. 2007)   Cited 132 times
    Holding that, pursuant to the rule of mandate, a limited remand for a single purpose precluded consideration of other issues

  7. Old Person v. Brown

    312 F.3d 1036 (9th Cir. 2002)   Cited 99 times
    Holding that under the "law of the case" doctrine, a court is "precluded from reexamining an issue previously decided by the same court, or a higher court, in the same case"

  8. Minidoka Irrigation v. Dept. of Interior

    406 F.3d 567 (9th Cir. 2005)   Cited 66 times
    Recognizing exception to law of the case doctrine where "substantially different evidence was adduced at a subsequent trial"

  9. U.S. v. O'Connell

    890 F.2d 563 (1st Cir. 1989)   Cited 67 times
    Holding corporation liable under the False Claims Act for the acts of its agent

  10. Shum v. Intel Corp.

    499 F.3d 1272 (Fed. Cir. 2007)   Cited 30 times
    Holding that while the plaintiff would not be entitled to a jury trial on his 35 U.S.C. § 256 inventorship claim alone, given the co-pendency of an asserted fraud claim, a jury should have determined the facts regarding inventorship