Legal Opinion
Montauk U.S.A., LLC v. 148 South Emerson Associates LLC
Court of Appeals for the Second Circuit
Decided April 20, 2018No. 16-3912-cv; August Term, 2017PublishedCited by 96 opinions
1Opinion of the Court
John M. Walker, Jr., Circuit Judge:
Plaintiff-Appellant Montauk U.S.A., LLC ("Montauk") appeals from (i) the district court's dismissal without prejudice of its Lanham Act claims and motion for preliminary injunction under the "first-filed" rule, and (ii) the district court's order, pursuant to Fed. R. Civ. P. 41(d), that Montauk pay the costs, including attorneys' fees, that Defendant-Appellee 148 South Emerson Associates LLC ("Associates") incurred in responding to a previous action Montauk brought against Associates in Georgia state court that Montauk voluntarily dismissed. Central to…
2Cases cited32 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
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- Marek v. ChesnySupreme Court of the United States · 1985
- Staehr v. Hartford Financial Services Group, Inc.Court of Appeals for the Second Circuit · 2008
- Key Tronic Corp. v. United StatesSupreme Court of the United States · 1994
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