unclean hands when seeking discovery sanctions

123 results for unclean hands when seeking discovery sanctions

  • vLex Rating
  • Remands by deception.

    ... in federal court," and whether Rule 11 sanctions or a Rule 60(b)(3) vacatur was warranted. (169) . ... remand orders does not foreclose a vacatur when the deciding judge is hoodwinked. . C. Barlow v. ...) Colgate was foreclosed statutorily from seeking the latter (a review of the remand order's ...(291) The unclean hands maxim teaches similarly, that no one ought ... can," because, from their perspective, discovery is better, summary judgment is better, jury pools ...

  • 648 F.3d 506 (7th Cir. 2011), 10-2811, Dynegy Marketing and Trade v. Multiut Corp.

    ...When Multiut's outstanding bills remained unpaid ...After contentious discovery, Dynegy moved for summary judgment on its ... justified, harmless, or warrants sanctions is left to the broad discretion of the district ...These are not the actions of a party seeking to be bound. Moreover, and perhaps more damaging ..., and echoes the equitable doctrine of unclean hands, but there is no evidence in the record ...

  • Copyright false positives.

    ...A false positive occurs when enforcement actions are taken against uses that ... of licensing markets through rent-seeking behavior, increased piracy due to diminished ... file sharing--by way of heavy-handed sanctions (88) generated widespread public condemnation of ... on average $303,000 through the end of discovery, and $521,000 through trial. (162) Such high ... (i.e., whether their actions evince "unclean hands"), rather than on the merits of their ...

  • Miscellaneous Changes to Trademark Trial and Appeal Board Rules of Practice

    ... in proceedings, such as imposing discovery limitations, and allowing parties to take ... for notification to the Office and the Board when review by way of civil action is taken are added ...Discovery Sanctions. Comment: One commenter expressed concern ... because it puts the burden on the party seeking cross-examination to pay the costs for traveling ..., including the affirmative defenses of unclean hands, laches, estoppel, acquiescence, fraud, ...

  • Miscellaneous Changes to Trademark Trial and Appeal Board Rules of Practice

    ... in proceedings, such as imposing discovery limitations, and allowing parties to take ... for notification to the Office and the Board when review by way of civil action is taken are ... before filing a civil action seeking judicial review of a Board decision, but a party ..., including the affirmative defenses of unclean hands, laches, estoppel, acquiescence, fraud, ... (h) Sanctions. (1) If a party fails to participate in the ...

  • 944 F.2d 597 (9th Cir. 1991), 91-15150, Rent-A-Center, Inc. v. Canyon Television and Appliance Rental, Inc.

    ... Court for the District of Arizona, seeking to enjoin Canyon's breach and recover damages. ...         Under Kansas law, when a contract is freely entered into with full ... the district court should have imposed sanctions or dismissed RAC's case under the "unclean hands" ...) (per curiam) (reviewing imposition of discovery sanctions). The district court's factual ...

  • 645 F.3d 1311 (Fed. Cir. 2011), 2009-1263, Micron Technology, Inc. v. Rambus Inc.

    ...           The present appeal began when Micron filed a declaratory judgment action ... manufacturers at the same time it was seeking" to license RDRAM manufacturers.         \xC2"..., you're going to have a lawsuit on your hands." Karp said Rambus needed to get " battle-ready," ... of Delaware held a bench trial on the unclean-hands issue asserted by Micron. Stopping short of ...," West, 167 F.3d at 779, by imposing sanctions appropriate to rectify improper conduct by ... imposition of terminating sanctions for discovery violations as this did not amount to an abuse of ...

  • 802 F.2d 1448 (D.C. Cir. 1986), 85-5885, Founding Church of Scientology of Washington, D.C., Inc. v. Webster

    ... passed beyond the stage of pre-trial discovery. The District Court dismissed the case as a ... Churches and Missions for purposes of seeking declaratory and injunctive relief. ... in order to interpose a defense of "unclean hands." The United States Magistrate, in a ...When Hubbard failed to appear for the deposition on ...37(d) authorizes dismissal and other sanctions "[i]f a party or an officer, director or managing ...

  • 770 F.2d 117 (8th Cir. 1985), 84-1966, Prow v. Medtronic, Inc.

    ...         This is an action seeking declaratory relief to prevent an employer, ... covenant, that the doctrine of unclean hands bars enforcement of the covenant, and that Medtronic's failure to comply with discovery orders prejudiced his case. We affirm the ...     Prow signed an employment agreement when he was hired by Medtronic in 1974. In 1977, ...Prow moved for sanctions, which the district court denied. No continuance ...

  • 620 F.3d 170 (3rd Cir. 2010), 07-3531, Lozano v. City of Hazleton

    ... for public monitoring, prosecution, and sanctions. Any City resident may submit a complaint to ... plaintiff's " interests" satisfy Article III when the following three elements are present:. ... of the Constitution and laws, and seeking relief that no more directly and tangibly ... cases brought by plaintiffs with " unclean hands," it reasoned that the " illegal alien ... " information obtained during discovery regarding the John and Jane Doe plaintiffs." J.A. ...

  • 579 F.3d 656 (6th Cir. 2009), 07-4487, United States v. Salti

    ... and claimed they were entitled to discovery and a hearing. Along with their opposition ..., the " ancillary proceeding" to be used when a third party files a petition in a criminal ... because Mary Salti does not have " clean hands" due to alleged misrepresentations on several of ...'s contention that Mary Salti's " unclean hands" bar her from asserting an equitable ...The Government is seeking to forfeit the Swiss Account as part of Mahmoud's ... reminded that the court could impose sanctions, including deeming certain matters conceded and ...

  • The Trade Secret-Contract Interface

    Contracts play a dual—and dueling—role in trade secret law. On the one hand, non-disclosure contracts serve an important evidentiary role, helping owners prove key elements of a trade secret claim (e.g., reasonable secrecy efforts). Because of this evidentiary role, trade secret owners routinely use confidentiality contracts when sharing information with employees, business collaborators, and...

  • 74 F.3d 716 (6th Cir. 1996), 94-6459, Rolex Watch United States, Inc. v. Crowley

    ... under the equitable doctrine of unclean hands.         On January 22, 1991, the ...         In seeking to have the district court hold the Crowleys in ... F.2d 1073, 1077 (6th Cir.1990) (noting that, when the district court "construe[s] a contract, such ... a district court's decision to impose sanctions for contemptuous conduct for an abuse of ... a protective order preventing a discovery deposition on the issue of Rolex's attorney's ...

  • Rorrer v. Cleveland Steel Container, 042914 FED3, 12-1427

    ... directed the parties to complete expert discovery by September 25, 2009. In advance of this ...When asked whether the reexamination influenced his ... a district court's decision to impose sanctions for abuse of discretion and may reverse only if ... a sanction because defense counsel had unclean hands. Appellant's Opening Br. 28. In support of ... of unclean hands applies when a party seeking relief has committed an unconscionable act ...

  • Illegal secrets.

    ...'s ability to acquire government information when members of the public seek access to judicial ... group Public Citizen filed a FOIA request seeking specific information about the experiments, the ... that the state secrets privilege barred discovery as to whether AT&T provided records to the NSA. ... might fairly be viewed as akin to "unclean hands" that disentitle the State from invoking ... Torture and Necessary and Appropriate Sanctions, 43 Val. U. L. Rev. 1535 (2009). . (318.) See 18 ...

  • 562 F.2d 365 (6th Cir. 1977), 76-1131, Kearney & Trecker Corp. v. Cincinnati Milacron Inc.

    ...         The present litigation began when Milacron filed a declaratory judgment action ... District of Ohio on September 14, 1965 seeking a determination that two patents owned by K&T ...         Following extensive discovery proceedings Milacron was permitted to file an ... against defendants by reason of unclean hands and inequitable conduct on the part of the ... does not justify the extreme sanctions of declaring the patent void and awarding treble ...

  • The troubling role of federal registration in proving intellectual property crimes.

    ... as prima facie evidence of valid rights when prosecuting trademark counterfeiting and ...With criminal sanctions on the line, courts should respect the limits of ... infringers; and, that an actor with "unclean hands" may not invoke the defense of laches ... validity was challenged by an entity seeking cancelation of a federal trademark registration. ... and erred in refusing to allow discovery of grand jury transcripts to ascertain whether ...

  • Grochocinski v. Mayer Brown Rowe & Maw, LLP, 062113 FED7, 11-3597

    ... 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 com- panies seeking investors with venture capitalists seeking ... the decision to file or not in Joyce's hands".           E. Procedural History .  \xC2"... 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 ...

  • 507 F.Supp.2d 1305 (CIT. 2007), 98-08-02658, Fakhri v. United States

    ... Plaintiff has come to the court with unclean hands, his EAJA claim is denied. ... pursuant to § 1504(d) was triggered when the final . . results of the administrative ... course, more than merely undeserving of sanctions for frivolousness; that is assuredly not the ...          Because the "party" seeking reimbursement is Firoze Fakhri suing as owner of ... Id. at 3-4.          The discovery of the existence of Subchapter S Corporation ...

  • 388 F.3d 39 (2nd Cir. 2004), 03-7792, Motorola Credit Corp. v. Uzan

    ... the District Court abused its discretion when it denied their motion to reinstate RICO claims ... entered several additional contempt sanctions. First, it provided that, since Nokia's only ... 'when the issues the nonsignatory is seeking to resolve in arbitration are intertwined with ... the litigation, which left them with unclean hands. See id. Finally, Judge Rakoff ... in maintaining jurisdiction after discovery" and a settlement conference had taken place).  \xC2"...

  • Monopoly power in defense of the status quo: a critique of the ABA's role in the regulation of the American legal profession.

    ... scandal harmed the bar's reputation when President Nixon's prestigious lawyers committed ... of clients for trial, questioning in discovery, choice of language in papers filed with the ...Parties could become pawns in the hands of more or less skillful attorney players. (82) ...It sanctions the creation of a commission to study the ... an equitable claim where the defense of unclean hands is available, such as when the court has ... manufacturers brought by plaintiffs [seeking] compensation for injury or death caused by ...

  • 834 F.2d 842 (9th Cir. 1987), 87-3737, Oregon Natural Resources Council v. United States Forest Service

    ... after it segregated the issues for discovery and trial at a later date. On May 7, 1987, the ...)(1) and USFS did not violate its regulations when it dismissed the appeal as untimely.". ... that the district court's decision sanctions such a limitation and is therefore erroneous. ..., New Jersey, and the federal government, seeking injunctive and other relief with respect to the ... is barred by the doctrines of laches and unclean hands. Bugaboo's argument concerning laches is ...

  • 667 F.2d 600 (7th Cir. 1981), 80-2494, Charter House Ins. Brokers, Ltd. v. New Hampshire Ins. Co.

    ... House's refusal to comply with proper discovery requests. Finding no abuse of discretion by the ... of 1979, the litigation was mainly in the hands of Fred Louis and David Austern, Charter House's ... considered and rejected invoking lesser sanctions. Since "Plaintiffs * * * have failed to satisfy ... are made but are inadequate, the party seeking discovery must apply to the court for an order to ...Its "unclean hands" argument, note 4 supra, is not supported ...Postponing the trial date, when Charter House ...

  • 614 F.3d 57 (3rd Cir. 2010), 09-3989, Race Tires America, Inc. v. Hoosier Racing Tire Corp.

    ..." and the " Late Model Series." It sanctions over 5,000 races per year at over 200 dirt oval ... in the concentration of market power in the hands of a single monopolistic tire supplier, the loss ... that the tire suppliers were generally aware when a contract exists and could seek to compete for ... October 2008 to seven tire manufacturers seeking proposals for a contract to be the exclusive tire ... summary judgment as to the defenses of unclean hands and in pari delicto. On September 15, 2009, ... scheduling order to seek more time for discovery (arguing that such a failure actually highlighted ...

  • 536 F.2d 1115 (6th Cir. 1976), 75-1609, H. K. Porter Co., Inc. v. Goodyear Tire & Rubber Co.

    ... failure of Porter to disclose during discovery prior to the trial of Porter's patent ...         When the District dismissed the suit transferred from ... by evidence the defense of "fraud" or "unclean hands" in connection with the preparation or ... Goodyear then believed that it was seeking a court order compelling discovery when it ... that Goodyear would have sought Rule 37 sanctions based upon the Court's order. ...