Ty Inc., Counterdefendant-Appellee v. Softbelly's, Inc., Counter-Plaintiffs-Appellants v. Ty Warner, Counterdefendant-Appellee

How courts have described this case

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

• determining that an experienced businessman need not be qualified as an expert to give an opinion as to consumer’s views of generic products
• noting that, where a judge determines that a party engaged in witness tampering, “there would have been compelling evidence of serious misconduct . . . requiring a commensurately severe sanction, quite possibly dismissal.”
• unnecessary to explain what circumstantial evidence entails because terms “Beanies” or “Beanie Babies” not identical to “Screenie Babies”
• “[F]raud, when alleged as a basis for relief under Rule 60(b)(3), must, as was traditionally the case when fraud is alleged, be proved by clear and convincing evidence.”
• trial judge should have allowed the prejudiced party to depose the undisclosed expert
• discovery sanctions should be proportional to the discovery violation

Source: CourtListener parenthetical corpus (CC0).