33 Cited authorities

Larez v. City of Los Angeles
946 F.2d 630 (9th Cir. 1991) Cited 1,202 times
Holding that defendants' challenge to a punitive damages jury instruction was foreclosed because the issue was not raised at trial but noting that the instruction given, which included "maliciously, wantonly, or oppressively," was within the standard set by Supreme Court in Smith v. Wade
Turner v. City of Taylor
412 F.3d 629 (6th Cir. 2005) Cited 573 times
Holding that issues raised in the district court but not on appeal are considered waived
Turner v. Scott
119 F.3d 425 (6th Cir. 1997) Cited 555 times
Holding that a district court's speculation with no factual support from the record did not permit liability for failure to intervene
Storey v. Cello Holdings, L.L.C
347 F.3d 370 (2d Cir. 2003) Cited 309 times
Holding that "as a term of art, we give [courts of competent jurisdiction] its plain meaning, namely a court that has jurisdiction to hear the claim brought before it"
Wallace v. Wood
752 A.2d 1175 (Del. Ch. 1999) Cited 343 times 1 Legal Analyses
Holding that limited partners did not state a cognizable claim to the veil of their partnership
Lahoti v. Vericheck, Inc.
586 F.3d 1190 (9th Cir. 2009) Cited 144 times
Finding bad faith in part because the defendant "asked for as much as $72,500 to sell the Domain Name to Vericheck even though Lahoti had no interests associated with the 'Vericheck' name"
Hard Rock Cafe Licensing v. Concession Serv
955 F.2d 1143 (7th Cir. 1992) Cited 224 times 3 Legal Analyses
Holding flea marketer landlord liable for contributory infringement for sales of counterfeit goods on premises, but only where landlord knowingly permitted such sales or was willfully blind
Interstellar Starship Services, Ltd. v. Epix, Inc.
304 F.3d 936 (9th Cir. 2002) Cited 132 times 1 Legal Analyses
Holding that the transfer of a domain name, as opposed to an injunction on its use, was inappropriate where the plaintiff established trademark infringement but failed to establish a violation of the Anticybersquatting Consumer Protection Act, citing 15 U.S.C. § 1125(d)(C)
Hoover v. Radabaugh
307 F.3d 460 (6th Cir. 2002) Cited 108 times
Holding that a retaliatory adverse action "must constitute an injury that would likely chill a person of ordinary firmness from engaging in the protected [First Amendment] activity," and that it must be "motivated at least in part as a response to the exercise of the plaintiff's constitutional rights"
Lucas Nursery and Landscaping, Inc. v. Grosse
359 F.3d 806 (6th Cir. 2004) Cited 64 times 1 Legal Analyses
Finding the key to the website was to inform about a negative experience rather than to divert potential customers
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,543 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 26,638 times 254 Legal Analyses
Adopting the Daubert standard
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,085 times 75 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,268 times 320 Legal Analyses
Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 13,383 times 34 Legal Analyses
Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
Rule 402 - General Admissibility of Relevant Evidence
Fed. R. Evid. 402 Cited 6,649 times 10 Legal Analyses
Providing relevant evidence is admissible unless prohibited by the United States Constitution, a federal statute, the Federal Rules of Evidence, or other rules prescribed by the Supreme Court
Rule 701 - Opinion Testimony by Lay Witnesses
Fed. R. Evid. 701 Cited 5,720 times 26 Legal Analyses
Requiring lay opinion testimony to be "rationally based on the witness's perception"
Rule 901 - Authenticating or Identifying Evidence
Fed. R. Evid. 901 Cited 5,147 times 47 Legal Analyses
Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
Section 2 - Monopolizing trade a felony; penalty
15 U.S.C. § 2 Cited 4,381 times 30 Legal Analyses
In § 2 cases under the Sherman Act, as in § 7 cases under the Clayton Act (Brown Shoe Co. v. United States, 370 U.S. 294, 325) there may be submarkets that are separate economic entities.
Rule 602 - Need for Personal Knowledge
Fed. R. Evid. 602 Cited 3,503 times 13 Legal Analyses
Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

Weather Underground, Incorporated v. Navigation Catalyst Systems, Incorporated et al

33 Cited authorities

Holding that defendants' challenge to a punitive damages jury instruction was foreclosed because the issue was not raised at trial but noting that the instruction given, which included "maliciously, wantonly, or oppressively," was within the standard set by Supreme Court in Smith v. Wade

Holding that issues raised in the district court but not on appeal are considered waived

Holding that a district court's speculation with no factual support from the record did not permit liability for failure to intervene

Holding that "as a term of art, we give [courts of competent jurisdiction] its plain meaning, namely a court that has jurisdiction to hear the claim brought before it"

Holding that limited partners did not state a cognizable claim to the veil of their partnership

Finding bad faith in part because the defendant "asked for as much as $72,500 to sell the Domain Name to Vericheck even though Lahoti had no interests associated with the 'Vericheck' name"

Holding flea marketer landlord liable for contributory infringement for sales of counterfeit goods on premises, but only where landlord knowingly permitted such sales or was willfully blind

Holding that the transfer of a domain name, as opposed to an injunction on its use, was inappropriate where the plaintiff established trademark infringement but failed to establish a violation of the Anticybersquatting Consumer Protection Act, citing 15 U.S.C. § 1125(d)(C)

Finding the key to the website was to inform about a negative experience rather than to divert potential customers

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Adopting the Daubert standard

Holding that such a statement must merely be made by the party and offered against that party

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"

Providing relevant evidence is admissible unless prohibited by the United States Constitution, a federal statute, the Federal Rules of Evidence, or other rules prescribed by the Supreme Court

Requiring lay opinion testimony to be "rationally based on the witness's perception"

Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

In § 2 cases under the Sherman Act, as in § 7 cases under the Clayton Act (Brown Shoe Co. v. United States, 370 U.S. 294, 325) there may be submarkets that are separate economic entities.

Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"