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Plaintiff response to motion to dismiss
Response to motion to dismiss on Patent issue
Motion to Dismiss Claims in Complaint
DEFENDANT MOTION TO DISMISS PLAINTIFF’S NINTH AND THIRTEENTH CLAIMS FOR RELIEF PURSUANT TO C.R.C.P. 12(b)(1) dealoing with inventors and patent claims
Product Liability Lawsuit – Federal Court Civil Complaint and Jury Demand
Federal Court Civil Complaint, including claims for Strict Liability, Product Liability-Failure to Warn, Negligence, Breach of Warranty- Express and Implied, Fraud, Fraudulent Concealment, and Negligent Representation.
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.
Product Defects: Responsible Parties
For product liability to arise, at some point the product must have been sold in the marketplace. Historically, a contractual relationship, known as “privity of contract,” had to exist between the person injured by a product and the supplier of the product in order for the injured person to recover. In most states today, however, that requirement no longer exists, and the injured person does not have to be the purchaser of the product in order to recover. Any person who foreseeably could have been injured by a defective product can recover for his or her injuries, as long as the product was sold to someone.
Liability for a product defect could rest with any party in the product’s chain of distribution, such as:
-The product manufacturer;
-A manufacturer of component parts;
-A party that assembles or installs the product;
-The wholesaler; and
-The retail store that sold the product to the consumer.
Federal Court Civil Complaint with Request for Injunctive Relief
Federal Civil Complaint based on diversity of citizenship, and including claims for misappropriation of trade secrets and breach of contract; includes request for injunctive relief. US District Court for the District of Minnesota.
Breach of Contract Complaint – Ohio
Complaint for Breach of Contract, breach of implied dealing, money had and conversion
Federal Civil Complaint for Copyright Infringement
Federal Civil Complaint for violation of copyright.
As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.
Copyright infringement can be a felony or a misdemeanor. A felony charge must involve an infringement of the copyright owner’s reproduction or distribution rights. A felony conviction carries a maximum sentence of five years in prison and a maximum fine of $250,000.
Copyright infringement is using someone else’s work without getting that person’s permission. … The owner of a copyright gets to decide who can legally make copies of that work. It is illegal to copy large sections of someone else’s copyrighted work without permission, even if you give the original author credit.
The legal penalties for copyright infringement are: Infringer pays the actual dollar amount of damages and profits. The law provides a range from $200 to $150,000 for each work infringed. Infringer pays for all attorneys fees and court costs.
US District Court for the Eastern District of Michigan
Defendant’s Memorandum in Support of its Motion to Dismiss
Defense Brief supporting motion to dismiss a misappropriation of trade secrets and breach of contract case under diversity jurisdiction. US District Court for the District of Minnesota.
Defendant’s Motion In Limine to Preclude Evidence of Uncharged Tax Years
Motion by a criminal defendant in the US District Court for the Western District of California to preclude the inclusion of specific evidence. In this case, to exclude evidence of tax filings for ax years not included in the Government’s charges.
Operation & Management Contract
It is highly important you make the necessary changes in accordance with the nature and background of your business and the signing parties. Consult your attorney before you implement this contract as is.
NCND & Recognition of Rights
This 10-page NCND and Recognition of Rights Agreement was written and developed to act as a legal document between two brokers acting as mediators between a seller and a buyer, by which the two brokers confirm the financial rights of the other party in the current and future transactions. The agreement also acts as a mutual non-circumvention and non-disclosure agreement between the two. This agreement comprises 4 Articles: Definitions; Recognition of Rights; Mutual Non-Circumvention and Non-Disclosure; and Miscellaneous.
MOU
This is an MOU that was developed in Arabic to act between a factory and a consultancy in Saudi Arabia in the scope of restructuring the current business at hand and paving the road for future businesses the factory is planning to launch with a primary focus on using mathematical modeling. This MOU consists of EIGHT Articles: Introduction; Recitals; Definitions; Duties & Responsibilities of Each Party; Operations; Execution; Administrative Representation; Meetings; MOU Renewal. When using this MOU, it is important you consult your attorney after making any modifications or additions in accordance with your business and signing parties.
Exclusive Distribution Contract
This is an Exclusive Distribution Contract, which falls in 35 pages. It has been developed by professional lawyers and implemented between a factory and a distributor overseas. The Contract consists of EIGHT Articles: Introduction; Recitals; Definitions; Mutual Non-Disclosure; Non-Circumvention; Duties & Rights of the Supplier; Duties and Rights of the Distributor; Order Procedures and Cancellation; Term; Termination; and Miscellaneous. Each article comprises several sections. For instance, Article IV, Duties; Rights of the Supplier, contains the following sections: Appointment of Distributor; Referrals; Training of the Distributor; Warranty; Price; Price Changes; Standards and Specifications; Packing; Delivery, Title; Risk of Loss; New Products; Products Coding System; Barcodes; and Remedies. It is important, however, that you consult your attorney before implementing this contract as is. There may be modifications or additions that need be made in accordance with your business type and the purpose of the Contract.
Plaintiffs’ Brief in Response to Defendants’ Motion for Summary Judgment
PLAINTIFFS’ BRIEF IN RESPONSE TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
I. CLAIMS REGARDING THE Defendant FAILURE TO DISCLOSE KNOWN DEFECTS
Breach of Contract Compliant
(Fraud in the Inducement to Contract by Misrepresentation, Nondisclosure or Concealment against Defendant and Trust)
(Civil Conspiracy against Defendants (Negligence in Inspection against Defendant Inspection Company and Independent Inspector)