9th Circ. Revives Vodka IP Suit Tossed For Atty's 'Misconduct'

Law360 (November 19, 2020, 5:44 PM EST) -- The Ninth Circuit has revived a trademark lawsuit by a liquor distribution company against Stoli Group USA LLC, ruling that an attorney's "misconduct" was not enough to toss the suit.

The three-judge panel said in an unpublished ruling Wednesday that District Judge David O. Carter's use of Rule 41(b) of the Federal Rules of Civil Procedure, which allows judges to dismiss a case if the plaintiff does not comply with a court order, was "an abuse of discretion."

Judge Carter dismissed a suit by Luna Distributing LLC in April 2019 after its attorney at the time, Craig Lytle, missed several key filing deadlines...

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