University of New Mexico v. Knight (Fed. Cir. November 9, 2004) (unpublished).
After an earlier remand from the Federal Circuit, defendants Knight and Scallen attempted to amend their counterclaims to indicate precisely how they were damaged by actions arising from the University’s actions. However, the district court denied their motions to amend and dismissed all but one counterclaim as barred by the statute of limitations and the New Mexico Tort Claims Act.
On appeal, the appellate panel again sided with the University, finding that Scallen and Knight’s arguments to be “without merit.” Barring a rehearing or appeal to the Supreme Court, this case is closed.
Link: Senior U.S. District Judge John Conway said it was unfortunate the university’s lawsuit against two former UNM researchers was not resolved by cooperation and “searching for the greater good” outside the courts to benefit cancer patients.