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motion to strike
Wyeth Holdings Corporation, et al. v. Sandoz, Inc., Civil Action No. 09-955-LPS-CJB, March 1, 2012. Stark, J. Report and recommendation adopted.On February 3, 2012, Magistrate Burke issued a report and recommendation denying plaintiffs’ motion to dismiss defendant’s...
Court Declines to Strike Complaint for Serious Discovery Abuses, But Does Strike Note of Issue and Certificate of Readiness: Wheeler v. HSBC Bank USA, N.A.
In a January 20, 2012 decision by Justice Demarest, the court granted in part defendant’s motion to strike, by striking the Note of Issue and Certificate of Readiness, but the court declined to strike the Complaint and dismiss the action for alleged discovery abuses. The case arose out of a...
This week's case is the first known follow-up to the Sixth Circuit's Pilgrim opinion, Rikos v. Proctor & Gamble Co., 2012 U.S. Dist. LEXIS 25104, (S.D. Ohio 2012). In Rikos, the plaintiff sued Proctor & Gamble for allegedly misrepresenting the ability of its product Align to aid in...
Wyeth Holdings Corporations, et al. v. Sandoz, Inc., Civ. Action No. 09-955-LPS-CJB, February 3, 2012. Burke, M. J. Report and recommendation denying motion to dismiss or strike counterclaim and affirmative defense of inequitable conduct.Plaintiffs in this ANDA case involving a generic...
Xpertuniverse, Inc. v. Cisco Systems, Inc., Civil Action No.09-157-RGA, January 20, 2012. Andrews. J. Defendant’s motion to dismiss certain claims in plaintiff’s fourth amended complaint or, in the alternative, to strike is denied.The court had already granted plaintiff leave...