Dismissals

Jarndyce v. Jarndyce Has Nothing On Comer v. Murphy Oil: The Fifth Circuit Court of Appeals Affirms Dismissal

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 5/17/2013

Readers of this blog will recall the bizarre history of Comer v. Murphy Oil. In 2005, Plaintiffs brought tort claims against major GHG emitters, claiming that those emissions, by causing global warming, led to plaintiffs’...more

International Dismissal Toolkit: Individual Employment Terminations and Reductions-in-Force Outside the United States

by Donald C. Dowling, Jr. | White & Case LLP on 5/16/2013

Firing an employee in the United States can be a challenge. Group firings—reductions in-force — can be an even bigger challenge. And from the point of view of a multinational headquartered in the United States, overseas...more

Northern District Of Illinois Dismisses Class Action Complaint, Characterizing It As Much Ado About Nothing

by Joshua Threadcraft | Burr & Forman on 5/14/2013

After allowing Plaintiff multiple opportunities to submit additional authority in opposition to Defendant’s Motion to Dismiss, the court dismissed his class action Complaint for failure to state a claim upon which relief can...more

Court Dismisses Suit For Failure To Strictly Comply With 60-Day Notice Requirement

by David Miller | Nossaman LLP on 5/7/2013

In Klamath Siskyou Wildlands Center v. MacWhorter, 1:12-cv-1900 (pdf), the United States District Court for the District of Oregon granted a motion to dismiss plaintiffs’ suit alleging that the U.S. Forest Service (USFS)...more

Global HR Hot Topic - May 2013: Individual Employment Dismissal Obligations Outside the US

by Donald C. Dowling, Jr. | White & Case LLP on 5/2/2013

Challenge: Overseas, dismissing an individual employee gets complex and is heavily regulated. Dismissal mandates under foreign law tend to fall into three broad categories: dismissal procedures, pre-termination notice...more

Appeals Court Dismisses Challenge To SEC Resource Extraction Rules

by Ethan Mark | Leonard, Street and Deinard - Dodd-Frank and... on 4/30/2013

In 2012 ,the SEC adopted final rules requiring public companies engaged in certain oil and gas activities to disclose payments made to domestic and foreign governments as required by the Dodd-Frank Act. The rules were...more

Disclaiming Eminent Domain Defendants: To Dismiss or not to Dismiss?

by Rick Rayl | Nossaman LLP on 4/22/2013

Recently, we came across an interesting request from an attorney for a condemnee. The condemnee had filed a Disclaimer in the eminent domain action, stating that they had no interest in the property being condemned. This,...more

Competition Tribunal Dismisses Commissioner’s Application Against TREB and Confirms That Abuse of Dominance Applies Only When...

by Michelle Lally | Osler, Hoskin & Harcourt LLP on 4/19/2013

In an unexpectedly brief decision dated April 15, 2013, the Competition Tribunal dismissed the Commissioner of Competition’s application challenging certain practices of the Toronto Real Estate Board (TREB) under the abuse of...more

Supreme Court Weighs In On FLSA Class Action Issues

by A. Craig Cleland, Michael Fox, Patrick Hulla | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/18/2013

On April 16, 2013, the U.S. Supreme Court ruled in Genesis Healthcare Corp. et al. v. Symczyk that a collective action brought by a worker under the Fair Labor Standards Act (FLSA) was properly dismissed because the worker’s...more

Supreme Court Rules Dismissal Of FLSA Collective Actions Are Appropriate When Individual Claim Is Rendered Moot

by Fisher & Phillips LLP on 4/17/2013

On April 16, 2013 the U.S. Supreme Court upheld the concept that a wage and hour collective action brought pursuant to the Fair Labor Standards Act (FLSA), can be dismissed for lack of subject matter jurisdiction when the...more

CFC Dismisses Suit with 31 Patent and Copyright Claims

by Nancie G. Marzulla on 4/17/2013

In Keehn v. United States (March 1, 2013), a pro se claimant alleged that he was solely responsible for thirty-one defense-related products, databases, concepts, doctrines, and other intellectual property while working for...more

Bill Maher Prevails Over Donald Trump Lawsuit By Sitting and Waiting for the Donald to Figure Out to Drop It Himself

by Dan Nabel | Greenberg Glusker Fields Claman & Machtinger... on 4/9/2013

In February, I wrote about a particularly fake-haired boneheaded lawsuit that Donald Trump brought against comedian Bill Maher. As you may recall, Trump accused Maher of breach of contract based on a joke that Maher had made...more

Bad Faith Claims Cannot Be Based Solely On Breach Of Contract And Must Allege More Than Conclusory Allegations

by Greg Delfiner | Cozen O'Connor on 3/20/2013

In Merrill v. State Farm Fire and Cas. Co., 2013 WL 588515 (W.D.Pa., Feb 13, 2013), the U.S. District Court for the Western District of Pennsylvania dismissed the insured’s common law bad faith claim because it was based...more

Texas Supreme Court Revises New Rules for Expedited Trials and Dismissal of Baseless Claims Following End of Public Comment Period

by Gregory Hudson, C. Wesley Vines | Cozen O'Connor on 3/7/2013

Introduction - Following considerable public comment, the Texas Supreme Court revised and issued final approval of new rules providing for expedited trials and dismissal of baseless claims. Despite pleas from various...more

Texas Case Law Update – Judge Dismisses Putative Class Action Over Home Equity Modifications

by Brian Kilpatrick, Gordon Shapiro | Jackson Walker on 2/20/2013

In an ongoing effort to update our financial institution clients about developments in Texas jurisprudence that may impact them, we bring to your attention a recent decision of particular importance to mortgage and home...more

EEOC Suit Against Employer Screening Applicants Based on Credit History Information Dismissed

by Rod Fliegel, Jennifer Mora, William Simmons | Littler on 2/5/2013

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer's discretion...more

Employee Who Was Never Separated Or Dismissed From Employment Could Not State A Claim Against Her County Employer For Failure To...

by Jeffrey L. Massey, Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 2/4/2013

An employee on disability leave brought a lawsuit against the county that employed her for failure to reinstate her or to help her apply for disability retirement benefits. A court of appeal held that the employee failed to...more

Permanent “Light-Duty” Position Not Reasonable Accommodation for Disabled Employee Under the ADA

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/31/2013

In an unpublished opinion, the Sixth Circuit Court of Appeals recently upheld the dismissal of a case in favor of an employer who refused to convert a temporary light-duty position into a permanent job for a disabled...more

Faulkner v. ADT and the Landscape for CIPA Class Actions

by Michael Bracken, Thomas Gilbertsen, Daniel Silverman | Venable LLP on 1/25/2013

Last week the Ninth Circuit ruled on the issue of whether a business can be held liable under the California Invasion of Privacy Act, Cal. Penal Code § 632 (“CIPA”) for monitoring or recording its own customer service...more

$193 Million RMBS Suit Against Countrywide Dismissed as Untimely

by Orrick - Structured Finance Group on 1/23/2013

On January 10, Judge Mariana R. Pfaelzer of the United States District Court for the Central District of California dismissed a $193 million suit brought by mutual fund Asset Management Fund against several Bank of America...more

Ninth Circuit Affirms Dismissal Of Unfair Competition Claims Over Teaser Rates

by BuckleySandler LLP on 1/21/2013

On January 9, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of a putative class action against a national bank over its adjustable rate mortgage disclosure and payment application....more

District Court Requires SOX Plaintiff To Assert Shareholder Fraud, Consistent with Statute’s Purpose

by Lloyd B. Chinn, Rachel Fischer | Proskauer - Whistleblowing & Retaliation on 1/18/2013

The U.S. District Court for the District of North Carolina recently dismissed a plaintiff’s Sarbanes-Oxley whistleblower complaint on the ground that the plaintiff had not alleged shareholder fraud....more

Ninth Circuit Effectively Does Away with Securities Claims for Aftermarket Purchasers

by Jeffrey Cook | Akerman Senterfitt on 1/17/2013

Last week, the Ninth Circuit Court of Appeals affirmed the dismissal of a lawsuit filed pursuant to Section 11 of the Securities Act of 1933 (the "1933 Act"). Section 11 provides for claims involving false or misleading...more

Abstention Trumps Arbitration In Tenth Circuit

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 1/17/2013

The Tenth Circuit this week refused to consider a plaintiff’s substantive arguments about its right to arbitrate because it found abstention was appropriate under the Colorado River doctrine. D.A. Osguthorpe Family P’ship v....more

Court Rules Against Imposing Sanction Of Dismissal Because Plaintiff’s Conduct Did Not Rise To The Level Of A Willful Violation

by Bruce V. Miller | Cullen and Dykman LLP on 1/15/2013

A United States District Court in the Eastern District of Missouri recently denied a Defendant’s motion seeking to impose a sanction of dismissal against the Plaintiff because the Plaintiff’s conduct did not “rise to the...more

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