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On Friday, March 26, with trial set to begin the following
Monday, Judge Alan D Albright held a hearing on a motion for death penalty sanctions to strike the
defendant s pleadings and enter a judgment of
infringement in the case of
Performance Chemical Company
v. True Chemical Solutions, LLC WDTX-6-21-cv-00222. The Court
did not rule on the motion at the hearing, but did cancel the
trial, which it said it did not do lightly in view of its busy
docket.
As background, Performance Chemical Company (PCC) sued its
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On March 2, 2021, the Tenth Circuit Court of Appeals reversed a
ruling from the United States District Court for the District of
Colorado in the case of
Colorado v. EPA, et al., Nos.
20-1238, 20-1262, and 20-1263, that had issued a preliminary
injunction blocking implementation of the Trump
Administration s Navigable Waters Protection Rule
( NWPR ) in the State of Colorado. Under the Tenth Circuit ruling, the NWPR was put back
into force, and the State of Colorado s case was remanded back
to district court for further proceedings challenging the rule.
The U.S. Supreme Court on March 25, 2021, ruled in an 8-0 decision that the connection between the plaintiffs' claims and Ford Motor Co.'s activities in the forum states supported the exercise.
As we reported in
January, Illinois judgment
interest statute imposes post-judgment interest in tort actions at
the rate of 9 percent per year from the date of the judgment s
entry through the date of the judgment s
satisfaction.
See, 735 ILCS 5/2-1303(a) (Section
1303). Prejudgment interest currently is not recoverable. The
Illinois General Assembly aimed to change this through its passage
of House Bill 3360, which sought to amend Section 1303 to impose
prejudgment interest in tort actions.
House Bill 3360 would have imposed prejudgment interest at the
rate of 9 percent per year in all tort actions seeking recovery for
personal injury or wrongful death beginning on the date the
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The drive from our home to the Delaware courthouse takes no more
time than the drive to the Philly courthouse. But those two
courthouses are worlds apart. The Philadelphia Court of Common
Pleas is plaintiffs heaven. Most judges there think everything
should go to a jury, and most jurors there think heaps of money
should go to plaintiffs. Forget about any sort of hometown
advantage. Philly jurors feel no compunction about picking the
pockets of local companies. It is all very . interesting.
Delaware is altogether different. Dare we say it? We think we