On April 20, 2023, Magistrate Judge Ann Marie Donio of the United States District Court for the District of New Jersey issued a comprehensive opinion concerning the appropriate level of sanctions for discovery misconduct. ...more
5/23/2023
/ Attorney's Fees ,
Depositions ,
Discovery ,
Discovery Disputes ,
Discovery Violations ,
Document Productions ,
Evidence ,
Federal Rules of Civil Procedure ,
Home Depot ,
Photographs ,
Sanctions ,
Video Recordings
The United States Court of Appeals for the Third Circuit recently adopted amendments to its Local Appellate Rules, creating a new L.A.R. 26.1 and modifying L.A.R. Misc. 113.3(c). The amended rules now create a uniform 5:00...more
In a recent precedential opinion authored by Circuit Judge Patty Shwartz, Dirauf v. Berger (3d Cir. Dec. 28, 2022), a panel of the United States Court of Appeals for the Third Circuit clarified when it has jurisdiction to...more
As part of the District of New Jersey’s continuing response to the ongoing public health emergency and in light of updated public health guidance and the current extent of the spread of COVID-19 in the state, on August 23,...more
As part of the District of New Jersey’s continuing response to the ongoing public health emergency and in light of the current extent of the spread of COVID-19 in the state, on March 16, 2022, Chief Judge Freda L. Wolfson of...more
As previously reported, in light of the spread of the Omicron strain of COVID-19 in New Jersey, on December 29, 2021, Chief Judge Freda L. Wolfson of the District of New Jersey issued Standing Order 2021-11, which temporarily...more
As part of the District of New Jersey’s continuing response to the ongoing public health emergency and in light of the spread of the Omicron strain of COVID-19 in the state, on December 29, 2021, Chief Judge Freda L. Wolfson...more
In a recent precedential opinion, Kars 4 Kids Inc. v. America Can!, __ F.4th __ (3d Cir. 2021) (publication pending), the United States Court of Appeals for the Third Circuit vacated a $10.6 million trademark infringement...more
In a recent opinion, Strike 3 Holdings, LLC v. John Doe Subscriber (D.N.J. Oct. 6, 2021), the United States District Court for the District of New Jersey considered when a plaintiff may be granted leave to serve pre-Rule...more
10/28/2021
/ Anonymity ,
Comcast ,
Copyright ,
Copyright Infringement ,
Discovery ,
Good Cause ,
Internet Service Providers (ISPs) ,
Right to Privacy ,
Service of Process ,
Subpoenas ,
Third-Party
In a recent precedential opinion, Beasley v. Howard, ___ F.4th ___ (3d Cir. 2021) (publication pending), the United States Court of Appeals for the Third Circuit determined, in an issue of first impression, that trademark...more
On September 13, 2021, Chief Judge Freda J. Wolfson of the United States District Court for the District of New Jersey issued Standing Order No. 2021-08, which requires visitors to District of New Jersey Court facilities to...more
In a recent precedential opinion, Kars 4 Kids Inc. v. America Can!, __ F.4th __ (3d Cir. 2021) (publication pending), the United States Court of Appeals for the Third Circuit vacated a $10.6 million trademark infringement...more
9/14/2021
/ Cease and Desist ,
Corporate Counsel ,
Dilution ,
Disgorgement ,
Laches ,
Multi-Factor Test ,
Remand ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
In a recent published, precedential opinion, Oakwood Laboratories LLC v. Thanoo, 999 F.3d 892 (3d Cir. 2021), the Third Circuit clarified the pleading standard necessary to allege a trade secret misappropriation claim under...more
On June 21, 2021, Chief Judge Freda L. Wolfson of the District Of New Jersey entered two Orders amending the District’s local civil rules, both of which are effective immediately:
First, the Court adopted new Local Civil...more
District Judge Kevin McNulty of the District of New Jersey recently granted in part and denied in part a motion to dismiss for lack of personal jurisdiction. Judge McNulty’s detailed opinion provides critical guidance on how...more
On May 19, 2021, Chief Judge Freda L. Wolfson of the District of New Jersey issued two Amended Standing Orders, Nos. 2021-02 and 2021-04, which relax existing COVID restrictions and, taken together, begin the return to...more
In a recent decision, Judge Brian R. Martinotti affirmed Magistrate Judge Douglas E. Arpert’s order denying plaintiffs’ motion for leave to amend its complaint. Plaintiffs were attempting to remove their patent infringement...more
The District of New Jersey recently amended its local civil rules relating to sealing procedures and confidentiality orders, which are more commonly referred to as protective orders in other jurisdictions. Specifically,...more
A recent decision by Judge Michael Vazquez of the District of New Jersey affirmed Magistrate Judge Mark Falk’s grant of a motion to stay trademark infringement litigation pending a decision on cancellation proceedings before...more
As part of the District of New Jersey’s continuing response to the ongoing public health emergency and in light of the current resurgence of COVID-19 in the state, on March 12, 2021, Chief Judge Freda L. Wolfson of the...more