Inventors need to single them out some times. Society will benefit from the greater good derived from these disputes.

The Foreign Companies operating in China must also do their part in understanding the Chinese regulations and file for Intellectual Protection. Companies filing for IP globally may or may not have China protections. Patent Cooperation Treaties with some 152 countries make it easier to protect in more places than one, sort of like a master patent filing application. But China is not a signatory for all patents. Inventors need to single them out some times. Society will benefit from the greater good derived from these disputes. They will drive internationally new policies, laws, regulations and standards that would address the issues noted earlier. The Trade Agreement the Trump Administration is driving though political in some respects, have shown some economic success and would bring fairer business practices. Other large economies are also watching and will certainly leverage the Trump Trade strategy to their advantage. However, the US cannot be the lone voice but will need the cooperation of all nations to enforce trade policies, laws, regulations and sanctions. The US should require every nation that it does business with to ensure their trading partners are in compliance with the US and International Intellectual Property Policies and Trade Secret Policies. Every country will have to police unfortunately if they want to do business and receive aid from the United States. Response Two (Luis Paltan) The charges of the United States Department of Justice against Huawei is a compelling case because of the way it can influence future trials and the labeling of businesses as criminal enterprises. The origins of the United States disdain of Huawei go back to the late 1980s when Huawei was accused of blatantly violating Western copyright law. Huawei was accused of reverse engineering a clone of Cisco’s popular network router and re-introducing it into the Chinese market. Cisco wasn’t the only business to claim that companies like Huawei in China have stolen their intellectual property. According to a CNBC survey, one in five North American-based corporations have had their intellectual property stolen by Chinese companies within the last year. If this is true, more lawsuits are sure to come. How does the U.S. lawsuit against China affect intellectual property rights from a global perspective? One way to view the effects of this lawsuit from a global perspective is to observe how Chinese courts today uphold and respect Western laws. In a similar case against the theft of intellectual property in China, Jaguar-Land Rover recently won a lawsuit against Jiangling Motor Corporation’s Landwind X7, which Land Rover claimed was a copycat of their popular Evoque model. The three-year-long case ended when a Beijing court ordered the production of the Landwind, which cost £14,000 compared to the £40,000 Evoque, to stop immediately and pay compensation to the U.K.’s largest car manufacturer. This ruling is significant in the effects it can have on future cases against Chinese companies because it signals the upholding of Western laws in Chinese courts. This adds confidence to international markets that view China as an essential avenue for conducting business. Despite the success of this ruling, the Huawei lawsuit is a little more complicated, namely, because it involves the United States. How do disputes like these affect international policy? The Huawei dispute affects international policy, specifically in the United States, because it blurs the line between economic retaliation and national security. In May 2019, President Trump signed an executive order that gave the government the power to block U.S. companies from doing business with suppliers that could pose a threat to national security. This executive action elevated the long-standing dispute between the United States and Huawei because it meant that they would be added to the “trade blacklist.” This was an unprecedented move because it marked a turning point in Chinese-US relations. This move blocked any attempt from Huawei being able to build 5G networks, thereby growing their technological share in the United States. Some suspect their 5G network could collaborate with the Chinese state due to a 2017 national intelligence law passed in China that requires organizations to “supply and co-operate with and in national intelligence work.” A step like this is significant because a company like Huawei would be required to comply with Chinese government requests to spy on customers or manipulate networks. In matters of national security, the Trump administration has been quick to indict Huawei of 16 counts, including money laundering, obstruction of justice, and sanction violations. These charges are warranted based on evidentiary findings that demonstrate that Huawei purposely misappropriated confidential information agreements with intellectual property owners and then violated the terms of those agreements for their own use. In response, the Chinese foreign ministry urged the United States to stop the unreasonable crackdown on Chinese companies and that the use of power by the United States was pure economic bullying. Huawei has been quick to levy its own lawsuit against the United States for the seizure of telecommunications equipment in Alaska back in 2017. Huawei later dropped the charges but maintained that the United States arbitrarily and unlawfully seized and detained their equipment. It is interesting to note that despite the outright ban on Huawei products marketed and sold in the U.S., the company was allowed to attend the 2020 Consumer Electronics Show in Las Vegas to showcase their latest products.

 

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As a consequence of its campaign to steal technology and intellectual property, Huawei was able to drastically cut its research and development costs and associated delays

There cyber breakins and traditional spying using human assets, it employs legal means of acquiring technology such as joint ventures, buying companies outright, partnerships with government research institutions, and hiring foreign experts and bringing them to China to work. Other underhanded means include setting up front companies that obscure its participation and using its laws to give its own companies advantages and foreign companies disadvantages.The United States has long said that intellectual property theft has cost the US economy billions of dollars in revenue and thousands of jobs. The United States Trade Representative, which led the seven-month investigation into China’s intellectual property theft and made recommendations to the Trump administration, found that “Chinese theft of American IP currently costs between $225 billion and $600 billion annually.” Those numbers are in line with a 2017 report from the Commission on the Theft of American Intellectual Property. Chinese officials have said that protecting foreign companies intellectual property rights is important to China. But many of its companies appear to have missed that memo. To get an idea of how much forced technology transfer costs the US, some experts say to look at the costs associated with the theft of trade secrets. Total theft of US trade secrets accounts for anywhere from $180 billion to $540 billion per year, according to the Commission on the Theft of American Intellectual Property and China accounts for the most of that theft.These amounts are loss of revenues to US companies and tax revenue to the US Government. The US companies are investing in research and development and with theft of their intellectual property and trade secrets, results in lower returns on their investments. The Trade policies President Trump announced which includes new tariffs in March, hitting back at China for what he calls “the unfair and harmful acquisition of U.S. technology is one strategy to remedy the situation. The Tariffs will force China to take action to remedy the situation. Tariffs may bring increased prices to the US consumer but it would also reduce the unnecessary consumption of goods and negative impact on the environment. The Tariffs implementation could also result in jobs returning to the US, as in some cases it would no longer make economic sense to produce in China. Taking steps to protect trade secrets of foreign businesses operating in the world’s secondlargest economy was part of the “phase one” trade deal was signed with China recently. Included in the phase one deal was a two-year deal for China to purchase $200 billion dollars of US goods by the end of 2021, which was great good news for the US economy and US jobs. If Beijing cracks down hard on intellectual property thefts, it would not only boost the U.S. economy but it would also be good for China, according to a former top White House trade official. There will be much more trust by the international community for the Chinese Government and the Chinese Companies. The trust will further business relations, economic growth and living standards of their peoples. The new tariffs will bring pressure on China to step up and do more in terms of enforcement. It is a remedy to get China to protect intellectual property both foreign and local through the enactment of laws and enforcement of criminal penalties both in the US and China against Chinese companies that violates the law. The lawsuit filed by the US Justice Department against Huawei is very comprehensive and will also serve as a remedy and deterrence, which includes misappropriation and entering into confidentiality agreements with the owners of the intellectual property and then violating the terms of the agreements for their own commercial use, recruiting employees of other companies and directing them to misappropriate their former employers’ intellectual property, using proxies at research institutions and reward employees who obtained confidential information from competitors. Efforts to steal trade secrets and other sophisticated U.S. technology through deception and obtained nonpublic intellectual property relating to internet router source code, cellular antenna technology and robotics. As a consequence of its campaign to steal technology and intellectual property, Huawei was able to drastically cut its research and development costs and associated delays, giving the company a significant and unfair competitive advantage. As mentioned earlier, this lawsuit will serve as deterrence for Chinese companies conducting business in the US. And if the Justice Department is successful in this lawsuit, it will be a further deterrence to not only Chinese companies but all foreign companies operating in the United States.

 

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How will this lawsuit affect IP rights from a global perspective? How might these disputes affect international policy?

Huawei Huawei is a dominant global supplier of telecom and networking equipment and services. Recently, the US Department of Justice has sued Huawei alleging theft of intellectual property and trade secrets. The US accuses Huawei of helping Iran and North Korea avoid trade sanctions. The US also used a RICOcharge as arguing that Huawei is an ongoing criminal enterprise. DOJ is also seeking to extradite Huawei’s CFO, Meng Wanzhou. The DOJ claims Huawei, for over a decade, stole source code, propriety information, and many other trade secrets. Huawei has sued Verizon alleging patent infringement. Huawei claims Verizon is using twelve of its patents without its permission. Verizon, in turn, has sued Huawei claiming its lawsuit was a PR stunt. The US and Huawei have long had a contentious relationship. But the US is not alone in its experience with Huawei. You will find some insight into the experience of other countries here and here. The above links are just to help you get started. How will this lawsuit affect IP rights from a global perspective? How might these disputes affect international policy? What is the role/responsibility of other countries when it comes to dealing with Huawei? Please discuss the economic, social, and political perspectives, present and future, of these questions/issues in the context Many people gave responses to answer the question. You have to response towards there answer. Make comments, ask questions. Make it like a discussion in between. Each response should be at least 250 words. Below I am providing 5 peoples answer regarding the question. Response one (Ali) China’s role in stealing Western companies’ intellectual property is well documented. However, not too many of the victims know what the nation does with trade secrets after they are pilfered. China has institutionalized a system that combines legal and illegal means of technology acquisition from abroad,” said William Schneider Jr., former undersecretary of state for security assistance, science and technology and former chair of the Defense Science Board. It’s well known that China steals IP and other secrets from industries, academia and the government, but what is not so well known is how China converts the technology it acquires into their military capabilities. It is first sent to one of China’s two dozen advanced science universities. They in turn apply for Chinese patents on the technology. After they are acquired, the government distributes the patents to various companies. One of the most notable recipients is telecommunications giant Huawei Industries, which has been under the microscope of U.S. regulators as the company attempts to role out its 5G technology. Huawei is one of the best examples of this problem. It has acquired 56,000 5G and artificial intelligence-related Chinese patents despite spending a pittance on research and development. There are a myriad of way in which China acquires intellectual property.

 

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What implications are there for trademarks, patents and copyrights with internet use.

You are required to complete Parts A AND B and answer all the sub-questions as well.

Part A–do parts (1) and (2).

1. Provide examples of a PATENT, TRADEMARK AND COPYRIGHT.

  • Post the example on the Discussion Board. You might find an example right in your home or office. Look around.

2. Give a brief summary of the facts and court’s holding in a recent case (no more than 5 years old) dealing with one of these subjects (patents, trademark and copyright) Do you agree with the court’s decision?

Part B

1. Post some current legal case or article or problem that is being confronted with the Uniform Electronic Transactions Act (UETA). Answer as well:

  • Were there any objections to the Act’s passage?
  • What implications are there for trademarks, patents and copyrights with internet use.
  • Is there any protection for the patent ,trademark or copyright holder? If so, what were they?

2. Reply to at least two of your classmates (updating later)

 

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What is the problem with this situation? How would you recommend it be solved?

Both a corporation and a cooperative are said to be a legal person, having a separate legal existence. Explain what that means. 4 It means corporation and a cooperative are a separate legal entity which can do anything a person can do: hire employees, fire them, buy and sell property, take out loans, make contracts, sue another party for negligence. 12. Andre worked as President for East Coast Fish & Shellfish Exporters Ltd. who sold fish and shellfish throughout the world. He thought there was an excellent business opportunity to export seafood to Spain, and a chance to make some extra money for himself. So one evening at home Andre bought 1,000 pounds of lobsters over the telephone with his own money and made all the arrangements to have them exported. When the Board of Directors of East Coast Fish & Seafood Exporters Ltd. heard of the sale they immediately terminated Andre’s employment. Andre believed that he did not do anything wrong because he used his own money and bought and sold the lobster on his own time. Would the Board of Directors of East Coast Fish Exporters Ltd. be justified in ending Andre’s employment? Why/why not? I think it’s justified, because as the president of East Coast Fish & Shellfish Exporters Ltd. He has responsibilities to act in the best interests of the company. To put the company’s interest above/before their own personal interest. When he sees an opportunity, he should report the matter to the company. 13. El Paso Inc hired Goldman Sachs Corp to advise it whether to split into two companies or to sell the company (El Paso Inc) to Kinder Morgan Corp. Goldman Sachs Corp owns 20 per cent of the shares of Kinder Morgan Corp (worth about US$4 billion) and has two seats on its board. What is the problem with this situation? How would you recommend it be solved? The question is which company should Goldman Sachs stand for the best interest. The problem of this situation is El Paso hired Goldman Sachs who already owns shares of Kinder Morgan Corp. In my opinion, these two companies can also cooperate, which is good for all three companies 14. Wally and Barry are equal shareholders of Walbar Ltd, and both are officers and directors of Walbar Ltd, which operates a pool hall. There are several pool tables in the establishment, but one table in particular is not used very often by patrons. Wally decided to take it home and set it up in his basement. When Barry objected, Wally replied, “Look, it’s my company too. Because I own half the pool tables I have a legal right to take the pool table home if I want to.” Is Wally correct? Can he take the pool table home? Does he own one-half (0.5) of the pool tables? Why/why not? No, Wally is no correct, he can not take the table, he doesn’t own one-half (0.5) of the pool tables. Because the table is company’s property, he has no right to do this, Wally and Barry are equal shareholders, he can’t take the table unless he pay for this. 5 15. Typecast LP. is comprised of Live Magazine Inc which is the general partner, and several limited partners including Mahnaz. Mahnaz is also the sole shareholder and president of Live Magazine Inc. In his capacity as President of Live Magazine Inc, Mahnaz is the manager of Typecast LP. On behalf of Typecast LP Mahnaz signed a contract with Clear Graphics Ltd to provide printing services worth $50,000 to Clear Graphics Ltd. Clear Graphics Ltd paid Typecast LP $50,000 but Typecast LP did not do any of the work they promised. Clear Graphics Ltd got a court order saying that Typecast LP must pay $50,000 to them (Clear Graphics Ltd). Unfortunately, Clear Graphics Ltd discovered that neither Typecast LP nor its general partner Live Magazine Inc has any assests. Can Clear Graphics recover the $50,000 from Mahnaz? Why/why not? Yes, because Typecast LP is comprised of Live Magazine Inc as general partner, Mahnaz has two different identities. First, as the limited partners of Mahnaz, he doesn’t have to pay for this.

 

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What is the key difference between the voting rights of owners of common shares of a company and the voting rights of owners of membership shares of a cooperative?

Susan and Billy registered as partners in a house building business. Susan thought they needed a new truck for moving building materials. Without consulting Billy about purchasing a truck for the business Susan bought a new truck and paid for it with a 3 cheque drawn on their partnership bank account. Billy was furious he was not consulted and told Susan she should pay for the truck with her own money. Susan told Billy they were partners and that she (Susan) had the legal right to buy the truck using the partnership’s money. Is Susan correct? Why/Why not? Susan is not correct, because they were partners, if Susan want to use the money, she has to have the permission of Billy. In the general partnerships, partners have a duty of loyalty to each other and investing or doing anything without informing other partners or without their consent is a violation of duty to the partnership. 8. Three people formed, and registered, a limited partnership (LP) to carry on a fish selling business (Two General Partners, One Limited Partner). The name of the limited partner was part of the registration documents. To celebrate the end of their first year in business, they went on a hunting trip together. The truck in which the three were travelling crashed on the way to their destination. There was only one survivor who was the limited partner. A creditor who had not been paid by the business obtained a court order stating that the LP must repay the creditor $30,000. Upon hearing of the death of the two general partners, the creditor wanted to recover the $30,000 from the surviving limited partner’s personal assets. Is the creditor correct? Will the creditor be successful? Why/Why not? limited partners who are investors; they risk losing only what they invested. whether the creditor be successful only depends how much does the limited partner have invest. 9. What is the key difference between the voting rights of owners of common shares of a company and the voting rights of owners of membership shares of a cooperative? In voting rights of owners of common shares of a company, one person can own more than one share. One share = one vote. Owners of Members of a coop can only have only one vote. 10. How do the shares of a cooperative help foster and promote the aims, principles, and values of cooperatives? Shares of cooperative meet the cultural, economic needs of its members. They achieve their goals and make money through democratic decision-making, fairness, caring for the community, educating members.

 

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They want to know whether Billy Schnare breached the standard of care? Did he? Why/Why not?

Dr Oz hosts a weekly television show devoted to giving advice about healthy living. On one show he told his television viewers that the real secret to a good life was to eat two spiders every day for one week each year. When Kim who watched the show ate her first spider she had an allergic reaction and could not work for one week. She sued Dr Oz for giving negligent advice and not warning her of the dangers of eating spiders. The judge who heard the case dismissed it saying that there was not sufficient proximity between Dr Oz and Kim and therefore Dr Oz did not owe Kim a duty of care. Explain why the judge would say this. Because Dr Oz and Kim don’t know each other, He never suggested Kim to eat spiders or force her to do so. She ate the spider of her own accord. Dr Oz doesn’t owe 2 Kim a duty of care. In this case, the defendant didn’t owe the plaintiff a duty of care. So, Kim will not win the case. 4. Billy Schnare, a partner of Accurate Accounting, LLP specializes in tax accounting. Zero Industries Ltd hired him to give them advice on how to reduce their taxes. Zero Industries followed Billy Schnare’s advice. Later that year they received a letter from the Canada Revenue Agency (the government agency responsible for taxation in Canada) stating that their tax avoidance scheme was illegal, that they had to pay an additional $200,000 in taxes, a $25,000 penalty for tax evasion, and 15% interest on the $200,000 amount they owed. Zero Industries Ltd is thinking about suing Billy Schnare for negligence. They want to know whether Billy Schnare breached the standard of care? Did he? Why/Why not? Yes, Billy Schnare breached the stand of care. Billy Schnare should be professional, but he offered the Zero Industries an illegal tax reduction strategy. That cause Zero Industries have to pay an additional $200,000 in taxes, a $25,000 penalty for tax evasion, and 15% interest on the $200,000 amount they owed. 5. What type of situations are punitive damages awarded for in a tort case? The primary aim is to compensate the victim/plaintiff for their injuries, as far as money can. In exceptional cases punitive damages are awarded to punish the defendant and to discourage them and others like them from doing the same thing again. 6. Michael Crosby’s dream was to be a chef. The first thing he did when he graduated from the Community College was to register his new catering business as a sole proprietorship. His first job was to prepare all the food for a birthday party. Unfortunately, he left the cold meats out in the hot sun. Everyone at the party got food poisoning and each person was unable to work for three days. Michael was confident he would not have to pay any damages for negligence out of his own savings because his business was registered as a sole proprietorship. Is he correct? Why/Why not? No, he has to pay the money. Because he registered his company as sole proprietorship, he has to bear the risk and lost by his own. So, if Michael is charged for any damages for his negligence, he has to pay for the damages out of his own savings. Because legally prescribed, sole proprietorship’s owner have to pay the lost.

 

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What intentional tort did Professor Wade commit? Explain your answer.

1 Instructions. There are 15 questions. * Please create a word document and include your name, A number, and whether you are in the 11:30 or 4:00 class. 1. Alex plays for Saint Mary’s varsity basketball team. She broke her leg when a player on the other basketball team crashed into her leg when Alex was taking a jump shot. Alex’s lawyer assessed Alex’s damages as $10,000 for lost income, $1,000 for physiotherapy, and $2,500 for pain and suffering. But when the judge told Alex that she “voluntarily assumed the risk of getting injured” she didn’t know what that meant. Please explain to Alex what that means and how it effects her total damages calculated to be $13,500. During the sports activities, there always a chance to get hurt. Alex is willing to play Basketball, and no one forced her to do so. In the process of exercise is likely to occur dangerous, she participated in such an activity should be aware of these risks, she knew the risk but still participated in the activity. So that is why she have to pay for her own lost. 2. Because of the coronavirus pandemic Saint Mary’s University emailed all the professors and staff and told them that they were not allowed to go into their offices and any buildings on the SMU campus until further notice. However, Professor Wade used his access card to enter the back door of the Sobey Building to go to his office to get some papers. Campus Security saw him on a video camera. They went to his office and took him by the arm and removed him from the building. What intentional tort did Professor Wade commit? Explain your answer. Trespass to Land. Because the virus, the school told all the professors shouldn’t go to their office. But the professor Wade still used his access card to enter the office without permission.

 

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To evaluate the legitimacy of this offer, the court should consider “what an objective, reasonable person would have understood [Leslie’s conduct] to convey.

Plaintiff had previously brought a file folder containing copies of documents relating to quality and safety concerns out to his car. 71. Juzwick reached in through the open window of Plaintiff’s car and literally grabbed Plaintiff’s car keys out of his hand. Juzwick told Plaintiff that he wanted to check out his car and that he wouldn’t let Plaintiff leave until he’d done so. 72. Juzwick was extremely angry. His face was all red. Plaintiff was sure Juzwick was going to hit him. 73. Plaintiff gave Juzwick the file, got his keys and left. The plaintiff alleges that the actions of Juzwick “constitute an unlawful assault and/or battery” against the plaintiff. “A civil assault is the intentional causing of imminent apprehension of harmful or offensive contact in another. 1 Restatement (Second) Torts §21.” . . . Thus actual, physical contact . . . is not necessary to prove [the tort of] assault. … Upon reviewing the allegations of the complaint in the plaintiff’s best light, this court finds sufficient facts to support an allegation that the plaintiff was placed in a position of imminent apprehension of harmful or offensive contact and to fear for his safety . . . Count three alleges sufficient facts to sustain a cause of action in assault and/or battery. The motion to strike count three is denied. AUGSTEIN v. LESLIE and NEXTSELECTION, INC. U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (2012) Hon. HAROLD BAER, JR., District Judge: Armin Augstein brought this action to collect a reward from Ryan Leslie upon the return of Leslie’s stolen laptop computer. The laptop was stolen and recovered in Germany and returned to Leslie in New York. Augstein now moves for summary judgment and for sanctions due to the alleged [destruction] of evidence by Leslie. Leslie is a musician and NextSelection a company that owns the trademark to Leslie’s name and performances. While on tour in Germany, Leslie’s laptop computer, external hard drive, and certain other belongings were stolen. The laptop contained valuable intellectual property, including music and videos related to Leslie’s records and performances. In videos, news articles, and online postings, Leslie stated that he would pay $20,000—later increased to $1 million—to anyone who returned his property. After Augstein returned the laptop and hard drive, Leslie refused to pay the reward because, Leslie alleges, the intellectual property for which he valued the laptop was not present on the hard drive when it was returned. Leslie claims that he and several staff members tried to access the data on the hard drive but were unable to do so. Leslie sent the hard drive to the manufacturer, Avastor, which ultimately deleted the information prior to sending Leslie a replacement. The circumstances of the return of the hard drive and the meaning of Leslie’s communications with Avastor are disputed. Augstein claims that Leslie, after he received correspondence from Augstein regarding the collection of the reward, caused the hard drive to be erased. Augstein now argues the Court should grant him summary judgment on the issues of the validity of the offer and of the reward and its subsequent acceptance and performance by Augstein when he returned the laptop to the police in Germany. Discussion Augstein argues that Leslie made an offer of a reward for the return of his property and that Augstein accepted and fully performed when he presented the property to the police in Germany. Leslie responds that a reasonable person would not have understood the mention of the reward to be an offer of a unilateral contract, but instead would have understood it to be an advertisement—in essence, an invitation to negotiate. And even if it was an offer, Leslie continues, Augstein did not perform because he did not return the intellectual property, only the physical property. Whether or not the external hard drive, which was subsequently destroyed by Avastor, contained Leslie’s intellectual property is a heavily disputed issue in this case. Augstein attempts to obviate the question through his request for sanctions against Leslie, specifically, that Leslie be precluded from arguing that the hard drive did not contain the data in question. I. Summary Judgment A district court may not grant summary judgment if there exists a genuine issue of material fact. . . “An offer is the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.” Restatement (Second) of Contracts § 24 (1981). To evaluate the legitimacy of this offer, the court should consider “what an objective, reasonable person would have understood [Leslie’s conduct] to convey.” Leslie mentioned the $20,000 reward for the return of his property in a YouTube video on October 24, 2010. In the video, Leslie says, “I am offering a reward of $20,000.”

 

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The purpose of a motion to strike is to contest [whether] allegations of [a pleading] state a claim upon which relief can be granted.” . . . “A motion to strike admits all facts well pleaded; it does not admit legal conclusions or the truth or accuracy of opinions stated in the pleadings

The plaintiff alleges that he worked for PRL for 14 years prior to his termination on July 7, 2010. The complaint alleges additional facts as follows. Sometime in January 2009, the defendant, Feldman, was hired by PRL, who then promoted the defendant, Juzwick, to the position of product technology manager. The plaintiff was informed that he would report to Juzwick. Their working relationship was difficult, and the plaintiff did not agree with the way Juzwick managed the group. On July 7, 2010, the plaintiff arrived at work to find his computer missing, and was told by a coworker that Juzwick had instructed that the computer be removed. The plaintiff then took a file folder out to his car “containing copies of documents relating to quality and safety concerns.” This was witnessed by a co-worker. When the plaintiff left the building, Juzwick followed him to his car, allegedly yelling that the co-worker had seen the plaintiff take the file folder and Juzwick wanted it returned. Juzwick then reached into the plaintiff’s car through an open window and grabbed the plaintiff’s car keys [out of the plaintiff’s hand], stating that he wanted to check the car for the file before he would let the plaintiff leave. The plaintiff alleges that Juzwick was “extremely angry. His face was all red. The plaintiff was sure Juzwick was going to hit him.” Juzwick recovered the file, returned the plaintiff’s car keys, and the plaintiff left. The plaintiff states [in count three] that the defendants’ actions “constitute an unlawful assault and/or battery” entitling him to damages . . . On July 2, 2012, the defendants filed a motion to strike count three . . . [of the complaint.] DISCUSSION “The purpose of a motion to strike is to contest [whether] allegations of [a pleading] state a claim upon which relief can be granted.” . . . “A motion to strike admits all facts well pleaded; it does not admit legal conclusions or the truth or accuracy of opinions stated in the pleadings.” . . . Count Three—assault and/or battery The plaintiff sets forth the key factual allegations relating to a cause of action for assault and/or battery in paragraphs 70-73 of the complaint. 70. When Plaintiff left the building, Juzwick followed him out to this car, yelling at him the whole way. Juzwick was screaming that [a co-worker] had seen Plaintiff take a file folder out to his car and that he wanted it back.

 

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