33 Cited authorities

  1. Larez v. City of Los Angeles

    946 F.2d 630 (9th Cir. 1991)   Cited 1,221 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
  2. Turner v. City of Taylor

    412 F.3d 629 (6th Cir. 2005)   Cited 592 times
    Holding that issues raised in the district court but not on appeal are considered waived
  3. Turner v. Scott

    119 F.3d 425 (6th Cir. 1997)   Cited 563 times
    Holding that a district court's speculation with no factual support from the record did not permit liability for failure to intervene
  4. Storey v. Cello Holdings, L.L.C

    347 F.3d 370 (2d Cir. 2003)   Cited 324 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"
  5. Wallace v. Wood

    752 A.2d 1175 (Del. Ch. 1999)   Cited 347 times   1 Legal Analyses
    Holding that limited partners did not state a cognizable claim to the veil of their partnership
  6. Lahoti v. Vericheck, Inc.

    586 F.3d 1190 (9th Cir. 2009)   Cited 149 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"
  7. Hard Rock Cafe Licensing v. Concession Serv

    955 F.2d 1143 (7th Cir. 1992)   Cited 225 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
  8. Interstellar Starship Services, Ltd. v. Epix, Inc.

    304 F.3d 936 (9th Cir. 2002)   Cited 136 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)
  9. 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"
  10. 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
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 333,823 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 27,318 times   275 Legal Analyses
    Adopting the Daubert standard
  13. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,426 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party
  14. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,556 times   324 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"
  15. Rule 401 - Test for Relevant Evidence

    Fed. R. Evid. 401   Cited 13,755 times   36 Legal Analyses
    Noting that evidence is relevant if it has any tendency to make a material fact more or less probable
  16. Rule 402 - General Admissibility of Relevant Evidence

    Fed. R. Evid. 402   Cited 6,865 times   12 Legal Analyses
    Stating that relevant evidence is generally admissible at trial
  17. Rule 701 - Opinion Testimony by Lay Witnesses

    Fed. R. Evid. 701   Cited 5,847 times   27 Legal Analyses
    Governing testimony of lay witnesses
  18. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,278 times   53 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
  19. Section 2 - Monopolizing trade a felony; penalty

    15 U.S.C. § 2   Cited 4,441 times   31 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.
  20. Rule 602 - Need for Personal Knowledge

    Fed. R. Evid. 602   Cited 3,583 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"