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· 7/6/1984

Whittaker Corporation and Dynasciences Corporation v. Execuair Corporation, Emc Manufacturing Company, Inc., and Laurence S. Manhan

Citations

  • 736 F.2d 1341
  • 222 U.S.P.Q. (BNA) 961
  • 39 Fed. R. Serv. 2d 619
  • 1984 U.S. App. LEXIS 20762

How courts have described this case

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

  • finding that even the old requirement of appreciable harm was satisfied at the time the defendant, a competitor of plaintiff, acquired plaintiffs alleged trade- secrets
  • explaining that a party may be prejudice when expanding its “existing practices” because it “incurfs] additional potential liability”
  • holding “[t]he purpose of a discovery cutoff date is to protect the parties from a continuing burden of producing evidence and to assure them adequate time to prepare immediately before trial”
  • finding prejudice where a defendant incurred potential liability because of the plaintiffs “failure to take prompt action”
  • defendant’s investments in parts and inventory to expand its existing business was evidence of prejudice for purposes of laches
  • “Legal arguments normally may not be raised 1 for the first time on appeal . . . .”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kilkenny, Hug, Boochever

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.