unclean hands when seeking discovery sanctions

123 results for unclean hands when seeking discovery sanctions

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  • 561 F.3d 123 (2nd Cir. 2009), 07-2076, Motorola Credit Corp. v. Uzan

    ... have not pursued their defense with " clean hands," Precision Instrument Mfg. Co. v. Automotive ... created by the Lord Chancellors of England when the office was filled by clerics," and observing that " [t]oday, ‘ unclean hands' really just means that in equity as in law ...'s order that they provide post-judgment discovery makes the arrest orders still applicable." ); ... orders precludes the relief that they are seeking, and the District Court did not err in denying ... question of whether the imposition of sanctions on counsel as well as defendants are appropriate ...

  • 248 U.S. 215 (1918), 221, International News Service v. Associated Press

    ... debarred from relief upon the ground of unclean hands by the fact that, following a practice ..., it had used the defendant's news items, when published, as "tips" for investigations, the ... material out of which both parties are seeking to make profits at the same time and in the same ... degree, involve creation, invention, or discovery. But by no means all such are endowed with this ... of the first adventurer, but the law sanctions, indeed encourages, the pursuit. 14 He who makes ...

  • 958 F.2d 864 (9th Cir. 1992), 90-15732, Western Systems, Inc. v. Ulloa

    ... from the Ulloas continued until 1989, when the federal court litigation was finally ...Western was also awarded sanctions by the district court. The Ulloas appeal both ... filed suit against GEDA and Holmes, seeking to cancel the August 4 Agreement and to have all ... and other corporate records during discovery in case no. 197-72, and thus knew of their ... held that the Ulloas would be barred by unclean hands and estoppel from seeking to have a ...

  • 649 F.3d 1276 (Fed. Cir. 2011), 2008-1511, Therasense, Inc. v. Becton, Dickinson and Co.

    ...When blood contacts a test strip, glucose in the blood ... Abbott in the District of Massachusetts seeking a declaratory judgment of noninfringement of U.S. ... Court cases that applied the doctrine of unclean hands to dismiss patent cases involving egregious ... conduct conveniently expands discovery into corporate practices before patent filing and ... determinations in the case, or even sanctions, are all tools district courts can employ where ...

  • Defense Against the Dark Arts of Copyright Trolling

    In this Article, we offer both a legal and a pragmatic framework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half of all copyright cases filed in the United States over the past three years. In the typical case, the plaintiff's claims of infringement rely on a poorly substantiated form pleading and are...

  • Prostitution 3.0?

    This Article presents an entirely novel approach to prostitution reform focused on incremental market improvement facilitated by information law and policy. Empirical evidence from the economics and sociology of sex work shows that new, Internet-enabled, indoor forms of prostitution may be healthier, less violent, and more rewarding than traditional street prostitution. This Article argues that...

  • 845 F.3d 1217 (D.C. Cir. 2017), 14-1070, Bartko v. Securities & Exchange Commission

    After petitioner was convicted of conspiracy, selling unregistered securities, and mail fraud, the SEC barred petitioner from associating with six classes of securities market participants. The court agreed with petitioner's argument that the Commissioner's imposition of Dodd-Frank’s collateral ban constitutes an impermissibly retroactive penalty because it is premised on pre-Dodd-Frank...

    ... with--or seeking to become associated with--one of the four. ... separate sets of sanctions . . . ." Id. at. 1020. Because each statute ... troubles began in early 2004, when, after creating the two. Funds, he began to ... Bartko argued that the government had " unclean. hands" based on its misconduct during his ... rejecting Bartko's discovery request related to his. unclean hands ...

  • Naked Price and Pharmaceutical Trade Secret Overreach.

    ... do not always speak in the same voice when focusing on seemingly unrelated areas of trade ... of the report, filed a lawsuit seeking to suppress the report. In shrill language, the ... who come to the court must do so with unclean hands. As the age-old maxim goes, one who seeks ... of defenses--and, in some cases, sanctions against the trade secret claimant. (179) Above ... once the technology is produced during discovery. In response, two state legislatures have ...

  • 719 F.3d 785 (7th Cir. 2013), 10-2057, Grochocinski v. Mayer Brown Rowe & Maw, LLP

    ... the motion to dismiss but granted discovery for the limited purpose of investigating the ... of defendant Mayer Brown's motion for sanctions against plaintiff's counsel and the trustee. ...Spehar Capital pairs companies seeking investors with venture capitalists seeking ... the decision to file or not in Joyce's hands.          E. Procedural History . ....1997) (proceeding is related to a bankruptcy when it is " likely to affect the debtor's estate" ). ... theory that the case was brought with " unclean hands" as part of a fraud on the court system ...

  • 948 F.3d 261 (5th Cir. 2020), 18-20350, Energy Intelligence Group, Incorporated v. Kayne Anderson Capital Advisors, L.P.

    ... rejected KA’s equitable estoppel and unclean hands defenses. at summary judgment but ... detection by EIG. 3 By contrast, when EIG emails Oil. Daily as a PDF to its ...After filing suit and obtaining discovery, EIG learned. of KA’s practice of sending ... then seeking outsized statutory damages. The district court. ... with legal sanctions the efforts of copyright owners to. protect ...

  • 828 F.3d 672 (8th Cir. 2016), 15-1857, In re Steward

    ... counsel--had extensive discovery disputes. Robinson moved to. quash ... with sanctions. The court also ordered Robinson to provide. ... presumed to be impartial and the party seeking. disqualification bears the substantial ...They argue that. when the parties settled, the bankruptcy court no ...          VIII. Unclean Hands. . .          In. ...

  • 548 F.3d 1004 (Fed. Cir. 2008), 2007-1545, Qualcomm Incorporated v. Broadcom Corp.

    ...          Throughout discovery, motions practice, trial, and even post-trial, ... Bar for investigation and possible sanctions. The magistrate judge further ordered Qualcomm ... JVT IPR policies require disclosure only when a technical proposal is made, and that disclosure ... licensor to anyone in the world seeking to produce an H.264-compliant product. Remedy ... an extension of the equitable doctrine of unclean hands, whereby a court of equity will not lend ...

  • 668 F.3d 655 (9th Cir. 2012), 11-55587, Biller v. Toyota Motor Corp.

    ... related to TMS's alleged unethical discovery practices. TMS and Biller settled the claims, ... 2008, TMS sued in state superior court seeking a temporary restraining order (" TRO" ) and ...60(b), 3 to award sanctions under Fed.R.Civ.P. 11, and to find TMS in ...Civ.Code § 1638). " Moreover, when a contract is written, ‘ the intention of the ... law regarding his affirmative defenses of unclean hands and equitable estoppel. " For an ...

  • 864 F.3d 1343 (Fed. Cir. 2017), 2016-1346, Regeneron Pharms., Inc. v. Merus N.V.

    ... Regeneron's discovery misconduct throughout litigation. and ...A reference. is cumulative when it " teaches no more than what a. ... " [w]hen reviewing the imposition of sanctions under a. district court's inherent powers, ...Merus moved to compel--seeking developed. infringement contentions. In ... misconduct under the doctrine of unclean hands. 269 F.3d at 1378. We reversed that ...

  • 269 F.3d 1369 (Fed. Cir. 2001), 00-1468, Aptix Corp v. Quickturn Design Systems

    ... supports the district court's finding of unclean hands, this court affirms the district court's ...         During discovery, Quickturn obtained a copy of a number of pages ...When asked about these discrepancies in his ...1988) (reviewing sanctions imposed by a district court, such as dismissal of ... on the post-issuance conduct of the party seeking relief. The governing principle of the doctrine ...

  • Energy Intelligence Group, Inc. v. Kayne Anderson Capital Advisors, L.P., 011520 FED5, 18-20350

    ... unclean hands defenses at summary judgment but allowed KA ...3 By contrast, when EIG emails Oil. Daily as a PDF to its ...After filing suit and obtaining discovery, EIG learned. of KA's practice of sending ... then seeking outsized statutory damages. The district court. ... with legal sanctions the efforts of copyright owners to. protect ...

  • Patent Infringement: Defensive Strategies for IP Violators.

    ... use of an equitable defense strategy of "unclean hands and waiver" [i.e., inequitable conduct] ... of financial risk that firms may experience when attempting to engage in product development .../utilize their creation; and (c) legal sanctions which can be enforced against entities which may ... which he claims as his own invention or discovery" (Patent Act 1836: Section 6). The Court reasoned ...For those alleged infringers seeking to minimize their financial risks, capitulation ...

  • 293 F.3d 1306 (11th Cir. 2002), 00-15111, Thomas v. Tenneco Packaging Co., Inc.

    ...sanctions against Munson during the course of a race ...The action commenced in December 1998 when Thomas, through his attorney Munson, filed suit ...         A. The Discovery Phase .         During the ensuing ... obtain declaratory relief because he was seeking to have past conduct declared discriminatory. ... assertions that opposing counsel had unclean hands because he acted with racial animus towards ...

  • 194 F.3d 323 (2nd Cir. 1999), 98-7931, Schlaifer Nance & Amp v Estate of Warhol

    ...) granting the defendants' motion for sanctions pursuant to 28 U.S.C. § 1927 and the District ...SNC, however, became disenchanted with it when the Estate "began to disclose numerous problems ..., 1998, the District Court issued an order seeking information from the parties concerning legal ... . tactics during discovery and the trial. Thus, the conduct on which the ... appeal, we need not address whether such unclean hands may preclude the imposition of sanctions, ...

  • 31 F.3d 1447 (9th Cir. 1994), 92-15947, In re Eisen

    ... against Eisen in Golden's bankruptcy case seeking a declaration that Golden was the owner of the ..., the court did not discuss alternative sanctions to dismissal or other factors it might have ... on insufficient funds to proceed with discovery and the fact that his attorney was on a ... to the district court here since it knows when its docket may become unmanageable. Henderson, ... as trustee, and that CoBen has unclean hands. 5 These contentions address the merits ...

  • 651 F.3d 410 (4th Cir. 2011), 10-1113, Priestley v. Astrue

    ... engaged in the unauthorized practice of law when assisting in these cases. The Commissioner ... who shall sign each pleading, motion, discovery procedure, or other document served or filed in ... local rules and an array of appropriate sanctions. We need not determine, however, whether Martin ... operation of the equitable doctrine of " unclean hands." Post, at 25-32.          Yet ... abundantly clear that the Plaintiffs were seeking only attorneys' fees for services rendered by ...

  • 182 F.3d 201 (3rd Cir. 1999), 98-1153, United States Fire Ins. Co. v. Asbestospray Inc.

    ... coverage under them is triggered only if and when the primary layer of coverage is exhausted. The ... than 40 other asbestos manufacturers), seeking to recover costs incurred in removing asbestos ... the Insurers as a sanction for alleged discovery violations. The Insurers appealed, and in August ...) the action was barred by the doctrine of unclean hands; and (4) the interpleader was brought to ...sanctions or otherwise penalize the asserted violation of ...

  • Cruel and unusual construction: the Eighth Amendment as a limit on building prisons on toxic waste sites.

    ...: A Solution Through Subsidiarity CONCLUSION "When the prison gates slam behind an inmate, he does ... of particular criminal sanctions. (48) The majority of standards articulated by ... issues, subscribing to the so-called "hands-off doctrine," which called for "deference to the ... and cooling, improper ventilation, unclean and inadequate restrooms, unsanitary dining ... five packs of cigarettes a day." (81) Seeking both injunctive relief and damages, McKinney ... of litigation that included a long discovery period, could not plausibly claim ignorance of ...

  • In re Steward, 070716 FED8, 15-1857

    ... counsel-had extensive discovery disputes. Robinson moved to. quash ... further obfuscation would be met with sanctions. The court also ordered Robinson to provide ... presumed to be impartial and the party seeking. disqualification bears the substantial ...They argue that. when the parties settled, the bankruptcy court no ...          VIII. Unclean Hands. . .          In. ...

  • Innovation Ventures, LLC v. Custom Nutrition Laboratories, LLC, 122018 FED6, 17-1734

    ...When Nutrition. Science Laboratories (NSL) ...According to the complaint, discovery in the. Lead Case revealed that Lily was ..., it had lost on the merits and was only seeking an. expeditious review." Id. at 680-81. The ... and, contrary to Defendants' urging, sanctions. are not appropriate. . . ... Innovation invokes the unclean hands doctrine. Under Michigan. law, "[a] ...