Tag: State of Mind
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Intellectual Property Expert Witness’ Testimony About Trademark Custom and Usage Admitted
This is a trademark infringement case involving the trademarked phrase “Freedom Pop”. Plaintiff Proccor Pharmaceuticals, Inc. (“Proccor”) contended that Defendant GAT Sports infringed upon its alleged trademark for a “Freedom Pop” flavored Pre-Rx pre-workout supplement. GAT Sports essentially argued that the phrase was used in a non-trademark, descriptive, way to describe the flavor of its…
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Retirement Plan Expert Witness’ State of Mind Opinions Excluded
In 2016, Defendants Signode Industrial Group, LLC, and Illinois Tool Works, Inc. unlawfully terminated promised healthcare benefits for Plaintiffs, a class of retirees and their dependents. On March 26, 2019, this Court enjoined Defendants to reinstate Plaintiffs’ healthcare benefits that were in effect before January 1, 2016. Defendants implemented a new healthcare benefits plan effective…
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Supply Chain Expert Witness’ Assessment of Defendant’s Performance Limited
In 2007, Plaintiff Ghirardelli and Defendant, GXO Warehouse Company, signed a services agreement for Defendant to provide warehouse management services at a warehouse in Lathrop, California (the “Services Agreement”). Defendant’s role was that of a third-party logistics provider (“3PL”), and the services it was to provide included the implementation of a computerized warehouse management system…
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Court rejects testimony of Mechanical Engineering Expert Witness for lacking specialized knowledge or experience in the pulp and paper industry
The Plaintiffs—Michael Johnson, Charles Cunningham, Jerry Bailey, Eric Woodward, Michael Darbonne, Michael McCullough, Christopher Harrington, Demon Benjamin, and Pamela Green—filed a lawsuit against Packaging Corporation of America (“PCA”), Boise Packaging & Newsprint, LLC (“BPN”), Boise, Inc. (“Boise”), and Rick Butterfield after a tragic explosion at PCA’s DeRidder, Louisiana paper mill on February 8, 2017. During…
