· 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 CourtListenerSourced 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.