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· 11/15/1996

Dxs, Inc., a Michigan Corporation, F/k/a Flint X-Ray, Inc. v. Siemens Medical Systems, Inc., a Foreign Corporation

Citations

  • 100 F.3d 462
  • 1996 U.S. App. LEXIS 29598
  • 1996 WL 660635

How courts have described this case

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

  • holding that notifying third parties about a policy was a new and independent act vis-a-vis the policy, when the defendant had never taken any previous action to implement the policy
  • describing a continuing antitrust violation as a violation in which the plaintiffs interests are repeatedly invaded and requiring an overt act to restart the statute of limitations
  • “For statute of limitations purposes, the focus is on the timing of the causes of action, i.e., the defendant’s overt acts, as opposed to the effects of the overt acts.”
  • “A continuing antitrust violation is one in which the plaintiff’s interests are repeatedly invaded.” (citation omitted)
  • “Damages for lost profits must be based on the loss of net profits rather than gross profits. ‘Any other rule would obviously grant the offended litigant a greater sum than he would have earned had the breach not occurred.’” (internal citation omitted) (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Engel, Milburn, Norris

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.