· 4/24/1970
John Koufakis v. Thomas Carvel and Franchise Licensors, Inc.
Citations
- 425 F.2d 892
- 14 Fed. R. Serv. 2d 1
- 1970 U.S. App. LEXIS 9579
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- relying in part on counsel's characterization of case as \one which pitted a `little' and virtuous man of modest resources against a powerful and unscrupulous man with untold wealth\
- relying in part on counsel’s characterization of case as “one which pitted a ‘little’ and virtuous man of modest resources against á powerful and unscrupulous man' with untold wealth”
- disapproving statement in closing argument suggesting that “the reason the party did not testify was that he was terrified of being exposed to the penalties of perjury by a devastating cross examination”
- noting federal question jurisdiction existed based on claim of federal trademark infringement
- remanding for new trial in part because of attacks on opposing counsel
- granting a new trial due to repeated statements analogizing the defendant to a mafia member, referencing the defendant’s wealth as compared to the plaintiff’s lack of wealth, and remarking extensively on the fact that defendant did not testify
Source: CourtListener parenthetical corpus (CC0).
Judges: Lumbard, Medina, Feinberg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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