Month: May 2012

  • Case of the Day: Baker Hughes Inc. v. Homa

    The case of the day is Baker Hughes Inc. v. Homa (S.D. Tex. 2012). Baker Hughes was an oil-field service company doing business in Texas. It was the developer of “CoreBright,” a fiber used in fiber-optic sensing. Daniel Homa and Robert Harman were Baker Hughes employees. Both had signed non-disclosure and non-solicitation agreements. In 2010,……

  • Judge Kaplan Dismisses Some Claims Against Donziger

    Judge Kaplan issued two decisions in Chevron’s RICO action against Steven Donziger yesterday, and predictably, both sides found a way to spin the decisions as a success. Recall that the gist of the claim is that Donziger and others orchestrated a scheme to extort money from Chevron by bringing a baseless lawsuit in Ecuador, creating……

  • Case of the Day: Sung Hwan Co. v. Rite Aid Corp.

    The case of the day is Sung Hwan Co. v. Rite Aid Corp. (N.Y. App. Div. 2012). The opinion is cryptic and tantalizing—I’ll do my best to decipher it. It seems that Sung Hwan claimed that Rite Aid had “owned [an] ice cream plant that manufactured and sold listeria-tainted ice cream to” Sung Hwan, and……

  • Case of the Day: Ex Parte Apple

    Judge James Ware, the author of yesterday’s case of the day, is back today in Ex Parte Apple Inc. (N.D. Cal. 2012). The underlying litigation, which involved lawsuits in the United States and in Germany, was between Motorola and Apple. Apple made an ex parte application for judicial assistance seeking issuance of a subpoena to……

  • Case of the Day: Body By Jake Global, LLC v. Susanto

    The case of the day is Body By Jake Global, LLC v. Susanto (N.D. Cal. 2012). The claim was that Susanto, an Indonesian company, sold counterfeit exercise equipment on eBay. Body By Jake attempted to serve the summons and complaint by certified mail, return receipt requested, and when Susanto failed to answer, Body By Jake……