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Minnesota Lawyer Search - Listings for Moynihan Timothy F Atty
Name: Moynihan Timothy F Atty
Address: 1650 W 82nd St Minneapolis, MN 55431
Phone Number: 952-885-5999
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Specialties:
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Condemnation Law
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Cases related to this attorney's specialties:
MONSANTO CO. v. BAYER BIOSCIENCE N.V. United States Court of Appeals for the Federal Circuit 03-1201 MONSANTO COMPANY, Plaintiff-Appellee, v. BAYER BIOSCIENCE N.V. (formerly known as Aventis CropScience N.V.) Defendant-Appellant. John F. Lynch, Howrey Simon Arnold & White, LLP, of Houston, Texas, argued for plaintiff-appellee. With him on the brief were Susan K. Knoll, Richard L. Stanley, Steven G. Spears, and Connie Flores Jones. Of counsel on the brief was Joseph P. Conran, Husch & Eppenberger, of St. Louis, Missouri. Eric H. Weisblatt, Burns, Doane, Swecker & Mathis, L.L.P., of Alexandria, Virginia, argued for defendant-appellant. With him on the brief were Susan M. Dadio, R. Danny Huntington, Ronni S. Jillions, Barbara Webb Walker, and Bruce T. Wieder. Appealed from: United States District Court for the Eastern District of Missouri Judge E. Richard Webber United States Court of Appeals for the Federal Circuit 03-1201 MONSANTO COMPANY, Plaintiff-Appellee, v. BAYER BIOSCIENCE N.V. (formerly known as Aventis CropScience N.V.), Defendant-Appellant. _ DECIDED: March 30, 2004 _ Before NEWMAN, BRYSON, and PROST, Circuit Judges. BRYSON, Circuit Judge. Monsanto Company filed an action in the United States District Court for the Eastern District of Missouri, No. 4:00CV1915, seeking a declaratory judgment that its transgenic corn products did not infringe four patents owned by Aventis CropScience N.V., a predecessor of appellant Bayer BioScience N.V. The patents at issue claim a variety of methods and products relating to the insertion of bacterial DNA into plants to give the plants resistance to certain insects. Besides contending that it did not infringe any of the four patents, Monsanto alleged that the four patents were unenforceable and that various claims of the patents were invalid. Aventis counterclaimed, alleging that Monsanto infringed certain claims of each of the four patents. ...
RIOGRANDE UNDERWRITE v PITTS FARMS INC IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-40823 Summary Calendar RIO GRANDE UNDERWRITERS, INC., Plaintiff-Appellant, versus PITTS FARMS, INC., Defendant-Appellee. Appeal from the United States District Court for the Southern District of Texas _ December 18, 2001 Before REAVLEY, HIGGINBOTHAM and WIENER, Circuit Judges. REAVLEY, Circuit Judge: Rio Grande Underwriters, Inc. (Rio Grande) appeals the district court's order dismissing, for lack of subject matter jurisdiction, its petition for a stay and order compelling arbitration. For the reasons that follow we AFFIRM. Pitts Farms, an onion grower, filed suit in state court alleging state law claims against Rio Grande for its failure to procure the right crop insurance coverage on Pitts' behalf.(1) When Pitts Farms sustained losses to its onion crop, it found that the insurance policy in place failed to designate its red and yellow onions into separate units. According to Pitts Farms, the failure to designate the onion types as separate insurable units as permitted by federal regulations prevented Pitts from fully recovering for its losses. Rio Grande seeks to avoid the litigation in state court by enforcing arbitration provisions in its contracts with Pitts Farms. Unable to obtain relief in state court, Rio Grande filed a petition in federal court requesting a stay and order compelling arbitration. Such relief is available in federal district court under the Federal Arbitration Act (FAA) only if the court would have had subject matter jurisdiction over the underlying civil action. 9 U.S.C. § 4. Although Rio Grande has suggested numerous bases for jurisdiction, the district court properly found them to be without merit. First, Rio Grande argues that because its contracts with Pitts Farms relate to interstate commerce, it follows that the FAA applies and that the case may therefore be heard in federal c...
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