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Northern District Answers Must Repeat the Complaint’s Allegations

By R. David Donoghue on February 21, 2011

JAB Distribs., LLC v. Martha Stewart Living Omnimedia, Inc., No. 10 C 5716, Slip Op. (N.D. Ill. Oct. 26, 2010) (Shadur, Sen. J.).

Judge Shadur sua sponte struck plaintiff JAB’s reply to defendant Martha Stewart Living’s counterclaims. The reply failed to comply with Local Rule 10.1, requiring that an answer repeat the contention before responding to it. Additionally, JAB was ordered not to deny statements for which it lacked information and belief; as denying something about which one lacks sufficient information is “oxymoronic.”

  • Posted in:
    Intellectual Property
  • Blog:
    Chicago IP Litigation
  • Organization:
    R. David Donoghue
  • Article: View Original Source

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