Salem Iron Co. v. Commonwealth Iron Co.
Citations
- 119 F. 593
- 55 C.C.A. 43
- 1903 U.S. App. LEXIS 4800
Syllabus
<p>1. Instructions—Requests—Federal Practice.</p> <p>In the federal courts a trial judge is not required to specifically and directly answer every point which may be submitted by counsel. If the instructions given, as a whole, fully, correctly, and clearly present the law, nothing further can be required.</p> <p>8. Corporations—Ratification of Contract—Evidence.</p> <p>Evidence that a contract made on behalf of a corporation by its officers was not objected to by the directors, even if not sufficient, under the circumstances shown, to prove ratification, is admissible on that issue where the corporation subsequently seeks to repudiate the contract.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Resolving the allegations surrounding [defendant’s] alleged conduct in delaying generic entry will resolve issues that are ‘central to the validity of each one of the claims in one stroke.’”
- approving the yardstick methodology and stating that the “‘yardstick’ methodology has been accepted by courts as a means to measuring damages in both indirect and direct purchaser antitrust actions”
- “Resolving the allegations surrounding GSK’s alleged conduct in delaying generic entry will resolve issues that are central to the validity of each one of the claims in one stroke. Therefore, I find the commonality requirement satisfied here.”
- “[Courts] have routinely observed that the inability to show injury as to a few does not defeat class certification where the plaintiffs can show widespread injury to the class.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dallas
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.