1 / 29

Norwegians in American Courts: Strangers in a Strange Land

Norwegians in American Courts: Strangers in a Strange Land. Paul B. Klaas Partner-in-charge (International) Dorsey & Whitney LLP Minneapolis/London. Norwegians in American Courts [Nordmenn i de amerikanske domstolene]. UNITED STATES JUDICIAL SYSTEM. FEDERAL COURTS. Legislative Branch.

giverny
Télécharger la présentation

Norwegians in American Courts: Strangers in a Strange Land

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Norwegians in American Courts: Strangers in a Strange Land Paul B. Klaas Partner-in-charge (International) Dorsey & Whitney LLP Minneapolis/London

  2. Norwegians in American Courts[Nordmenn i de amerikanske domstolene]

  3. UNITED STATES JUDICIAL SYSTEM FEDERAL COURTS Legislative Branch Courts of Appeals District Courts ? U.S. House of Representatives U.S. Senate District Judges MagistrateJudges United States Supreme Court STATE COURTS Minneapolis ? Minnesota Court of Appeals Minnesota Supreme Court Hennepin County District Court ? Executive Branch (President) New York Appellate Divisions Court of Appeals Supreme Courts ? SEC PTO Attorney General

  4. UNITED STATES PATENT LITIGATION PREPARATION LITIGATION • Prior Art Search? • Experts? • Infringement / Validity Analysis? • Defensive Legal Opinion? • Design Around? Fact Discovery Expert Discovery X v. Y (Infringement) "Initial Disclosures" Answer (denials) or Motions to Dismiss Verdict And Judgment Appeal forum battle? Preliminary Injunction Trial [ $, Injunction] Y v. X (Declaratory Judgment) Markman Hearing Summary Judgment SETTLEMENT ?

  5. American Astonishments • Notice pleading • Class actions • Discovery • “Aggressive” lawyers • Mercenary expert witnesses • Contingent fees + rare or no fee-shifting • Jury trials

  6. Notice Pleading • Fed. R. Civ. P. 8(a): • A pleading that states a claim for relief must contain…a short and plain statement of the claim…and a demand for the relief sought.

  7. Class Actions • Fed. R. Civ. P. 23 • An individual suing as representative of all others similarly situated, unless the others “opt out”

  8. NUMEROSITY

  9. COMMONALITY

  10. TYPICALITY

  11. FED. R. CIV. P. 23(B)(3) • Notice and • Opportunity to Opt Out • Common Questions Predominate • Superiority • Manageability

  12. Discovery • Oral depositions • Written depositions • Written interrogatories • Requests for production of documents • Physical and mental examinations • Requests for admission • Subpoenas

  13. Rock, Paper, Scissors[Stein, Papir, Saks] Rock[Stein] Paper[Papir] Scissors[Saks] = = =

  14. Rock, Paper, Scissors[Stein, Papir, Saks] BREAKS SURROUNDS CUTS

  15. Depositions

  16. Aggressive Lawyers

  17. Aggressive lawyers

  18. Mercenary expert witnesses

  19. Fees • Contingent fees • Almost no fee-shifting • (“Loser pays” only by statute or contract)

  20. Jury trials • Criminal prosecutions • Civil actions seeking money damages

More Related