#joinder — Public Fediverse posts

Here's a good decision on #joinder in a #ScheduleA case:

https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3l7nvlywnyo2v

Looking at all the asserted copyright registrations, which differ significantly from each other and differ extremely from the patented design, I also have lots of questions about the purported basis for #joinder here.

Another "good, but" order today from Judge Durkin, this time in Zhaoshi v. #ScheduleA

https://storage.courtlistener.com/recap/gov.uscourts.ilnd.435606/gov.uscourts.ilnd.435606.88.0.pdf

The good news: He saw that the two complaining defendants were improperly joined.

The bad news: It doesn't seem to occur to him that any other defendants might have also been improperly joined.

#Misjoinder #Joinder #CivProMatters #PatentFedi

An all-too-common #Schedule A story:

1. Defendants file a motion to dismiss, pointing out issues that apply to all the defendants--e.g., joinder, patent validity:

https://www.scribd.com/document/694239916/XYZ-pickle-jar-v-Schedule-A-Motion-to-Dismiss-Good-Includes-Pics

2. Plaintiff dismisses those defendants, judge denies the motion to dismiss as moot without considering the issues:

https://www.scribd.com/document/694240026/XYZ-pickle-jar-v-Schedule-A-Order-Denying-MTD-as-Moot

#DesignPatents #Joinder

So I've been wondering why people never seem to talk about the "jointly, severally, or in the alternative" part of FRCP 20(a)(2) in #ScheduleA cases.

Could the reason be that, in this oft-cited decision, Judge Chang just...left it out?

Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 185 (N.D. Ill. 2020).

#CivProMatters #Joinder

For some reason, this decision from January only just hit on my Westlaw alerts now (maybe because it actually made it into F.Supp?).

Anyway, in this decision, a SDFL judge REJECTS joinder arguments in a #ScheduleA trademark case:

Omega, SA v. Individuals, Bus. Entities , & Unincorporated Associations Identified on Schedule "A", 650 F. Supp. 3d 1349 (S.D. Fla. 2023).

#Joinder #CivProMatters

Interesting and thoughtful order from Judge Goodman (S.D. Fla.) expresses concern about inconsistent judgments when some defendants default, but others do not, in #ScheduleA cases.

https://storage.courtlistener.com/recap/gov.uscourts.flsd.625094/gov.uscourts.flsd.625094.134.0.pdf

#ScheduleA #DesignPatents #Joinder #CivProMatters

Okay, so in Schedule A cases, the argument in support of joining hundreds of Amazon sellers is usually something like "they're all secretly working together" or "at least selling products from a common source."

So this quote, from one of the leading plaintiff's attorneys, really stood out to me.

https://www.technologyreview.com/2023/06/20/1075088/chinese-amazon-seller-counterfeit-lawsuit/

#ScheduleA #CivProMatters #Joinder

Another potential #LawStudentNote idea here, for anyone interested in #Patents, #Joinder, and/or #CivPro.

Another potential #LawStudentNote idea here, for anyone interested in #Patents, #Joinder, and/or #CivPro.

Another potential #LawStudentNote idea here, for anyone interested in #Patents, #Joinder, and/or #CivPro.

Another potential #LawStudentNote idea here, for anyone interested in #Patents, #Joinder, and/or #CivPro.

Another potential #LawStudentNote idea here, for anyone interested in #Patents, #Joinder, and/or #CivPro.