Dismissals

News & Analysis as of

Arizona Judge Finds Standing is a Must for Serial ADA Plaintiff, Dismisses More Than 1,100 Cases

An Arizona judge dismissed more than 1,100 lawsuits against Arizona businesses alleging that their parking lots are not accessible to persons with disabilities. Judge David M. Talamante rejected the plaintiffs’ argument that...more

Case Summary - PPG Industries, Inc. v. Valspar Sourcing, Inc.

In a non-precedential decision, the Federal Circuit found that appellant PPG had Article III standing to file an appeal from two inter partes reexaminations. However, the Court found that appellee Valspar’s subsequent...more

Fifth Circuit Limits Reverse False Claims Act Liability

On December 13, 2016, in United States ex rel Simoneaux v. E.I. DuPont de Nemours & Co., No. 16-30141, 2016 WL 7228813 (5th Cir. Dec. 13, 2016), the Fifth Circuit rejected an expansive construction of “reverse” false claims...more

Employer Comes Up Smelling Like Roses in Reasonable Accommodation Case: Court Reminds Employee That She Can’t Always Get What She...

An employer’s failure to provide a fragrance-free work environment does not equate to a failure to provide a reasonable accommodation or an adverse action against an employee, according to the District Court for the Northern...more

Fourth Circuit Articulates New Standard for “Joint Employers”

Until recently, there has been inconsistency as to what constitutes a “joint employer” under the Fair Labor Standards Act (FLSA). Under the FLSA, “joint employment” exists when “employment by one employer is not completely...more

Missouri Court of Appeals Holds Ingredient List Label on Product Not an Absolute Defense to Claim for Deceptive Merchandising...

Murphy v. Stonewall Kitchen, LLC, No. 104072 (November 8, 2016)- The Missouri Court of Appeals, Eastern District, reversed a trial court’s order dismissing an action on the grounds that an ingredient list label was a...more

Seventh Circuit Dismissal Signals Likely End to EEOC’s Challenges to Employer-Sponsored Wellness Programs

Several years ago, the Equal Employment Opportunity Commission (EEOC) raised employers’ eyebrows when it filed several lawsuits challenging the validity of employer-sponsored wellness programs. The EEOC contended that such...more

Too Late To Ask the Court to Retain Jurisdiction to Enforce a Settlement Agreement?

Imagine this scenario: after years of litigation in federal court, your client reaches a settlement agreement with the opposing party. The lawsuit is dismissed pursuant to the settlement agreement and Federal Rule of Civil...more

Florida Supreme Court: Federal PSQIA Does Not Pre-empt State's Constitution

In Charles v. Southern Baptist Hospital of Florida, Inc., published on Jan. 31, 2017, the Florida Supreme Court held that the federal Patient Safety and Quality Improvement Act (PSQIA) is not and was never intended to be a...more

Fourth Circuit Says Construction General Contractor Responsible to Subcontractor's Employees for FLSA Violations

Under the Fair Labor Standards Act (FLSA) and state wage payment laws, employers are responsible for compliance with wage payment requirements. Plaintiffs cannot sue non-employers claiming overtime or minimum wage violations....more

Termination Clause Enforced: Oudin and the Supreme Court of Canada

In Canada, termination clauses in employment agreements are critical tools that allow an employer to avoid providing reasonable notice of termination under the common law.  Each year there are numerous court decisions on this...more

PTAB Applies State Sovereign Immunity in IPR

On January 25, 2017, the Patent Trial and Appeal Board dismissed three petitions filed by Covidien LP challenging U.S. Patent No. 7,062,251 (the “’251 patent”) owned by the University of Florida Research Foundation Inc....more

Facial Scan Case Dismissed Under Illinois Biometrics Law

The developers of two NBA video games were successful this week in getting a putative class action alleging violations of the Illinois Biometrics law dismissed....more

"Key Developments in Delaware Corporation Law in 2016"

Significant changes in Delaware merger litigation and settlement practice in 2016, as well as noteworthy case law developments and trends, will continue to affect merger parties and litigants in 2017 and beyond....more

Alleging Improper Use of Funds Legitimately Obtained from the Government Insufficient to State FCA Retaliation Claim

The U.S. District Court for the Southern District of Texas has dismissed an FCA retaliation claim brought by a nurse who claimed to have blown the whistle on misuse of funds at a hospital that received significant federal...more

Nashville Islamic Center’s Religious Discrimination Claims Dismissed

A federal district court in Tennessee recently dismissed for lack of subject matter jurisdiction a claim by the Islamic Center of Nashville (ICN) lawsuit challenging a Tennessee property tax exemption law on religious freedom...more

Biometric Privacy Claims over Facial Recognition Feature in Videogame Dismissed for Lack of Concrete Harm

For the second time in the past six months, a district court has dismissed a lawsuit alleging procedural and technical violations of the Illinois biometric privacy statute for lack of Article III standing. In Vigil v....more

When Does a Claim for Legal Malpractice Accrue in the Litigation Context

The long understood rule of law in Florida is that a cause of action for legal malpractice accrues in the litigation context when the litigation is concluded by a final judgment, and the final judgment becomes final when the...more

First Circuit Affirms Dismissal of FCA Off-Label Marketing Case for Failure to Meet 9(b) Particularity Requirement

In Lawton v. Takeda Pharmaceutical Co. et al., 842 F.3d 125 (1st Cir. 2016), the First Circuit affirmed the lower court’s dismissal of a False Claims Act (“FCA”) suit alleging a drug maker fraudulently marketed a product for...more

Canadian Playground Fight Highlights the Importance of Industrial Design Protection

A recent decision of the Federal Court of Canada has highlighted the difficulties in asserting trademark and copyright rights related to the appearance of functional products with unique design elements....more

Court Dismisses Claims Against Investment Firm For Lack Of Personal Jurisdiction

In Happy vs. Tanner, Tanner sued Retire Happy for breach of fiduciary duty, negligent misrepresentation, fraud, conversion, negligence, promissory estoppel, quantum meruit, and violation of the Texas Securities Act arising...more

U.S. Supreme Court to consider transgender restroom lawsuit

Society’s view of gender has evolved significantly since then. The rigid dichotomy of a two-gender world view is frequently challenged and, in some cases, rejected outright. As society’s views on gender morph, the law is...more

Eighth Circuit Affirms Dismissal of MHRA Reprisal Claim Finding No Evidence of Pretext

In Sieden v. Chipotle Mexican Grill, Inc., No. 16-1065 (January 26, 2017), the Eighth Circuit Court of Appeals reiterated its view that an employee fails to establish pretext for an employer’s adverse employment action where...more

Chris Lazarini Discusses Dismissal of Madoff "Winner's" ERISA Claim

Bass, Berry & Sims attorney Chris Lazarini discussed a case in which a pension fund, a "net winner" in the Madoff Ponzi scheme, filed an ERISA action against its investment adviser seeking to recover "lost opportunity"...more

Maryland Court of Appeals Provides New Defense to Summary Ejectment of Tenants

In Wendy Cane v. EZ Rentals, No. 1, September Term 2016, decided November 29, 2016, the Maryland Court of Appeals (the “Court”), Maryland’s highest court, broke new ground in landlord-tenant law. Maryland law provides a...more

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