Business
Case Summaries
Retail
[12/30] Esposito v. Home Depot U.S.A., Inc.
In plaintiff's products liability action against manufacturers and retailers of a power saw that severed his three fingers when his hand came into contact with the saw's unguarded blade, district court's grant of summary judgment in favor of defendants is vacated and remanded where: 1) district court's denial of motion to remand is affirmed as a procedural defect existing at the time of removal but cured prior to entry of judgment does not warrant reversal and remand of the matter to state court; and 2) district court's exclusion of plaintiff's expert testimony is reversed as the circumstances of the case did not justify such a sanction.
[12/17] Int'l Seaway Trading Corp. v. Walgreens Corp.
In plaintiff's design patent suit against Walgreens and another defendant involving shoes typically referred to as "clogs", summary judgment in favor of defendants finding that the claims of the asserted patents were invalid as anticipated by a patent assigned to Crocs, Inc. is affirmed in part, vacated in part and remanded as, although district court correctly held that the ordinary observer test is the sole test of invalidity, it erred, however, in failing to compare the insole patterns in plaintiff's patented designs to the prior art as part of an overall comparison of the designs.
[09/18] In re: Ames Dept. Stores, Inc.
In an appeal from the district court's order affirming a bankruptcy court's order applying section 502(d) of the Bankruptcy Code to disallow a request for payment of administrative expenses until debtor's predecessor in interest returned a preferential transfer, the order is vacated where section 502(d) does not bar allowance of administrative expenses within the scope of section 503(b).
More...
