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Tag Archives: Civil Practice

Bifurcation of claims did not prejudice defendant (access required)

Where bifurcation of defendant’s misappropriation of trade secrets claims did not prejudice the defendant’s ability to defend against plaintiff’s antitrust and breach of contract claims and the verdict in the antitrust and breach of contract trial was amply supported, a ...

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Third party could produce data under subpoena (access required)

Where a third party that maintained confidential data for a defendant against whom plaintiffs’ claims had been stayed and the subject data was relevant to plaintiffs’ active claims against another defendant, the third party could produce the data without violating ...

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Plaintiff’s complaint amended to eliminate defendants (access required)

A plaintiff who sued four defendants, but then experienced difficulty serving them, was allowed to amend its complaint to eliminate claims against these defendants. Although the one named-and-served defendant argued it should be allowed to keep the other defendants in ...

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Mechanic’s lien inferior to trustees’ and lender’s interests (access required)

Where a plumbing company sued to enforce a mechanic’s lien against defendant’s property for unpaid work, the lender and the deed trustees are not necessary parties to the case because, by statute, the lien is inferior to the trustees and ...

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Claims related to funeral home’s release of cremains dismissed (access required)

Where a contract with a funeral home gave two individuals authority to receive the decedent’s cremains, the funeral home did not breach the contract by giving both urns containing the cremains to only one of the named individuals. Overview Plaintiff ...

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Request for voluntary dismissal did not prejudice defendants (access required)

Where multiple defendants moved to dismiss plaintiffs’ complaint with prejudice, plaintiffs were entitled to voluntarily dismiss their complaint without prejudice because they had never sought that relief before and defendants were not prejudiced by the prospect of a future action. ...

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Counsel’s failure to appear due to illness warranted continuance (access required)

Where the circuit court sua sponte dismissed plaintiff’s personal injury case with prejudice after counsel informed the court and opposing counsel that he was too ill to appear for trial, the court abused its discretion by denying plaintiff’s motion for ...

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