Friday, March 6, 2009

Plaintiff Not Required to Limit the 253 Claims Asserted in the Case

Defendants' motion to limit the 253 claims asserted in the case was denied without prejudice. "Defendants do not explain what would happen to the unrepresentative claims, their position appears to be that Plaintiff would be estopped from litigating those claims due to their similarity to the representative claims. The similarity of the claims, however, raises doubts about the burdens that may be imposed. If the claims are similar enough to warrant collateral estoppel, then the burdens of litigating all of the claims may not be as great as Defendants suggest."

SPH America, LLC v. High Tech Computer Corp., 3-08-cv-02146 (CASD March 4, 2009, Order)

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