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· 5/29/2018

Darty v. Grauman

Citations

  • 419 P.3d 116
  • 2018 MT 129
  • 391 Mont. 393

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that § 1500 is not implicated when a plaintiffs claims are based on different operative facts or seeking different remedies
  • commenting that the “claims in this court contain material factual allegations that are in direct opposition with the claims ... made in the district court”
  • describing § 1500 as offering “a significant trap for the unwary ... [which] could entirely bar a cause of action from being heard”
  • noting that the two suits “involved different conduct”
  • “[I]f a material factual difference exists between two claims, they are not the same for the purposes of Section 1500”
  • “In short, plaintiffs’ now-dismissed [false designation of origin] claim involved different conduct and was therefore not the ‘same claim’ as their copyright infringement claim . . . .”

Source: CourtListener parenthetical corpus (CC0).

Judges: McKinnon

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.