Tag Archives: Prejudice

Establishing Prejudice in a LPTA Protest

  As I’ve covered here before, low-priced, technically acceptable procurements (LPTA) shine a light on a contractor’s ability to provide the required services at the lowest possible cost to the government.  Leave your style points at home.  It is all … Continue reading

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Judge Sleet Grants Amgen’s Motion to Dismiss Genetech’s Commercial Marketing Claim Without Prejudice

By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Genentech, Inc. et al. v. Amgen Inc., Civil Action No. 17-1407-GMS (D.Del. April 17, 2018), the Court granted defendant Amgen’s motion to dismiss the claim of plaintiffs Genetech and … Continue reading

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Chief Judge Stark Dismisses Without Prejudice U.S. Patent No. 6,229,366 from Pending Patent Infringement Action Following Reexamination Amendments

By Memorandum Order entered by The Honorable Leonard P. Stark in Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc. et al., Civil Action No. 04-1371-LPS (D.Del., December 8, 2017), the Court dismissed without prejudice U.S. Patent No. 6,229,366 (“the ‘366 … Continue reading

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Potentially relevant evidence may be excluded if its probative value is substantially outweighed by the risk of undue prejudice, confusion of issues, or undue delay

Law Lessons from STATE OF NEW JERSEY v. MELANIE McGUIRE, __ N.J. Super. __ (App. Div. 2011), A-6576-06T4, March 16, 2011: A trial court has broad discretion under N.J.R.E. 403 to exclude evidence that may be prejudicial or that may … Continue reading

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Fifth Circuit Refuses to Permit Texas Plaintiff to Dismiss Accutane Case with No Prejudice to Avoid

A recent Fifth Circuit case provides a good illustration of the impact of conflicts of laws rules in products liability cases. In Hyde v. Hoffman LaRoche, Inc, 2007 WL 4441065 (5th Cir. Dec. 20, 2007), the plaintiff claimed that he… … Continue reading

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