What happens on appeal after the district court struck an expert report that did not exist until after the other side had deposed the expert and moved for summary judgment and the discovery deadline had passed?
The Federal Circuit affirms, silly. Cheese Systems, Inc. v. Tetra Pak Cheese and Power Systems, Inc., No. 12-1463
The Fifth Circuit for a long time has seemed to insist on paying class counsel on a pure lodestar basis — hours x hourly rates. It looked to have stuck itself to the old-style lodestar method under Johnson v. Ga. Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974).
That contrasts with other circuits'
You sell your company, including its "good will", to a competitor. Your buyer promises in the Purchase Agreement to hire you in a "generally comparable" position and to make you "eligible for participation in the Incentive Cash Bonus Plan". But the contract puts the "amount of the bonus . . . at the discretion of the Salary
The Federal Circuit looked at a verdict for $6.5 million this week and held that the jury meant to award more.
The case involved three patents relating to "transmission of data in telecommunications networks." Telcordia Technologies, Inc. v. Cisco Systems, Inc., No. 09-1175, slip op. at 3 (Fed. Cir. July 7, 2010). One