The Fourth Circuit today ordered the district court to reinstate a jury verdict that had been set aside in response to a renewed post-trial motion for judgment as a matter of law on the basis of claim preclusion and issue preclusion. The appeals court held that trademark infringement defendant von Drehle Corporation had failed to timely assert these affirmative defenses against plaintiff Georgia-Pacific Consumer Products, LP. Judge Keenan wrote the opinion for the court in Georgia-Pacific Consumer Products, LP v. von Drehle Corporation, in which Judge Gregory and Judge Payne (senior judge, EDVA) joined. After seven years of litigation and two trips to the Fourth Circuit, Georgia-Pacific stands to collect a judgment of $791,431 from von Drehle.
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Fourth Circuit holds failure to timely assert precludes preclusion defenses
March 14, 2013 by Kevin C. Walsh