#permissivejoinder — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #permissivejoinder, aggregated by home.social.
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A good decision on #ScheduleA joinder from the NDIL (Judge Hunt):
https://storage.courtlistener.com/recap/gov.uscourts.ilnd.455728/gov.uscourts.ilnd.455728.18.0.pdf"[T]he continuing harm to plaintiffs who seek immediate relief from courts to protect their intellectual property rights and prevent further economic loss is a strong consideration [with respect to joinder]. But equally important are the due process rights of each defendant against whom ex parte relief, including the extraordinary remedy of an asset freeze without notice, is sought."
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Interesting decision in one of the Cozy Comfort #ScheduleA cases:
https://storage.courtlistener.com/recap/gov.uscourts.ilnd.448842/gov.uscourts.ilnd.448842.173.0.pdf
On first skim, there are some missteps (e.g., the judge seems to be falling victim to concept fallacy at Goddess step 1) but, overall, it's nice to see a judge actually look closely at some of these claims.
There's also an interesting discussion on patent joinder, though the judge suggests any §299 might be cured by the trademark allegations.
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Following Judge Gottshall's decision on joinder, (https://mastodon.social/@design_law/112473882687049559) Vogt has filed an amended complaint in the Bailie case:
https://storage.courtlistener.com/recap/gov.uscourts.ilnd.456489/gov.uscourts.ilnd.456489.33.0.pdf
The plaintiff alleges only copyright infringement, but makes liberal use of #CounterfeitRhetoric.
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Another good #ScheduleA joinder decision, this time out of SDFL. #PermissiveJoinder #CivProMatters
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This part, though, is really something. Basically: "We want to sue 1,907 people and we filed them in five separate cases to spare YOU, THE COURT the burden of 1,907 separate cases."
Oh, please.
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SDFL judge orders Tesla to "file a Notice of Related Action by the close of business on May 13, 2024 identifying the four other related actions pending in the Southern District of Florida, along with a brief explanation why those claims and defendants were not included in the instant [#ScheduleA] case."
In response, the plaintiff explains how it grouped defendants as follows:
https://storage.courtlistener.com/recap/gov.uscourts.flsd.665250/gov.uscourts.flsd.665250.34.0.pdf
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#LawStudentNote idea: Does the "swarm" joinder theory set forth in the Bose case make sense for #ScheduleA cases? If so, what kind of showing should be required of the plaintiff?
Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511 (N.D. Ill. 2020).
See also Roadget v. Schedule A, 2024 WL 1858592, at *1 (N.D. Ill. Apr. 29, 2024) (distinguishing Bose).
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Another good decision on #ScheduleA joinder out of the NDIL (this time, from Judge Ellis):
https://storage.courtlistener.com/recap/gov.uscourts.ilnd.449485/gov.uscourts.ilnd.449485.86.0_1.pdf
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Another good joinder decision out of the NDIL, this time from Judge Pacold:
https://storage.courtlistener.com/recap/gov.uscourts.ilnd.454648/gov.uscourts.ilnd.454648.10.0_2.pdf
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Another good #ScheduleA decision on #PermissiveJoinder, this time out of SDFL:
Peleg Design v. Schedule A, No. 1:23-CV-24672, 2024 WL 1759139, at *2 (S.D. Fla. Apr. 24, 2024)https://storage.courtlistener.com/recap/gov.uscourts.flsd.659003/gov.uscourts.flsd.659003.18.0.pdf
The downside here: Because the judge dismissed the case without prejudice, the plaintiff can simply refile and hope to draw a judge who doesn't care (or notice) these problems.
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E-Link v. #ScheduleA - In a patent case (what kind of patent case? we can't tell because of all the sealing), Judge Cummings denies permissive joinder. Then, when the case is dumped on a new judge, that new judge (Harjani) adopts the Judge Hunt "Ali Baba" rule (40 is okay, for some reason). Neither judge mentions 35 U.S.C. § 299.
https://www.courtlistener.com/docket/68092739/e-link-plastic-metal-industrial-co-ltd/