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Dismissals State Law Claims

Womble Bond Dickinson

Courts Repeatedly Dismiss Cases Where Plaintiffs Are Unable To Plausibly Allege Viable Claims Under The Fair Credit Reporting Act

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The entire spectrum of furnishers – from national banks to fintechs, finance companies to servicers, debt purchasers to collection agencies – have faced a recent onslaught of cases filed by consumers under the Fair Credit...more

Saiber LLC

Third Circuit Holds Facebook Not Immune Under Section 230 of Communications Decency Act from State Law Claims Alleging Violation...

Saiber LLC on

In a precedential opinion, Hepp v. Facebook, et al., ____ F.4th ______, No. 20-2725 (3d Cir. Sept. 23, 2021) (publication pending), the Third Circuit became the first Circuit Court of Appeals to apply the intellectual...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Upholds Federal Preemption of Massachusetts Wage Act Claims

On June 10, 2021, the First Circuit Court of Appeals upheld the dismissal of a plaintiff’s lawsuit alleging, among other things, failure to pay wages under the Massachusetts Wage Act. In Rose v. RTN Federal Credit Union, the...more

McDermott Will & Emery

Fourth Estate Registration Requirement Defeats Pro Se Copyright Infringement Plaintiff

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The US Court of Appeals for the First Circuit affirmed dismissal of a copyright infringement claim for failure to register the copyright, and affirmed summary judgment against plaintiff on related state law claims where the...more

King & Spalding

Second Circuit Climate Change Ruling Affirms Dismissal of State-law Claims

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In the past four years, state attorneys general or municipalities have brought 21 lawsuits based on state-law claims (e.g., nuisance, trespass, consumer fraud) seeking to hold fossil fuel companies liable for costs allegedly...more

Skadden, Arps, Slate, Meagher & Flom LLP

Within Three Months, a Second California State Court Enforces a Federal Forum Charter Provision for Securities Act Claims

A California state court dismissed a putative securities fraud class action against Uber, as well as certain individuals and underwriters, on the grounds of inconvenient forum, holding that the federal forum selection...more

Genova Burns LLC

New York Home Health Care Agencies Beat Aides’ Lawsuit Over Use of a Captive To Meet Wage Parity Law

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When New York adopted a wage parity law setting minimum wage and benefit levels for home care workers, innovative home health care agency companies created a captive plan structure to meet the benefits requirements. Although...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – August 2020

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies, brought to you by Hinshaw & Culbertson LLP....more

Mintz - Trademark & Copyright Viewpoints

Second Circuit Declines to Decide if Human Skin Can Be a Tangible Medium of Expression under Copyright Law and Affirms Dismissal...

In a recent decision from the Second Circuit, Judges Parker, Chin, and Carney side-stepped a novel question: whether human skin can be the kind of "tangible medium of expression" required for copyright protection. Instead,...more

Lewitt Hackman

Franchisee 101: Corralled Franchise Claims

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A federal court has granted, in part, restaurant franchisor Golden Corral’s motion to dismiss a complaint brought by a former franchisee. The court found a general release of claims, executed as part of an assignment of a...more

A&O Shearman

District Of Nebraska Dismisses Putative Class Action Alleging State-Law Claims Against Brokerage Company As Precluded By SLUSA

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On November 15, 2019, Judge Robert F. Rossiter, Jr. of the United States District Court for the District of Nebraska dismissed a putative class action brought by investors who maintained investment accounts at a brokerage...more

Knobbe Martens

Federal Circuit Review - September 2019

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State Sovereignty Principles Do Not Allow a State to Bring a Patent Infringement Suit in an Improper Venue - In Board of Regents v. Boston Scientific Corp., Appeal No. 2018-1700, the Federal Circuit ruled that the patent...more

Carlton Fields

Defendants Fend Off Challenge to FIA’s Proprietary Index

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The End or the Beginning for Suits Over Disappointed Index Interest Expectations? Security Benefit Life Insurance Co. and Guggenheim Partners recently secured an important victory in a class action challenging a fixed...more

Sheppard Mullin Richter & Hampton LLP

Third Circuit Holds that SLUSA Does Not Preclude Class Action Opt-Outs from Pursuing Individual Actions

In North Sound Capital, LLC v. Merck & Co, Inc., No. 18-2317, 2019 WL 4309663, 2019 U.S. App. LEXIS 27518 (3d Cir. Sept. 12, 2019), the United States Court of Appeals for the Third Circuit reversed a New Jersey district court...more

Knobbe Martens

Federal Court Lacked Jurisdiction over Contract Dispute Implicating Patent Infringement

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INSPIRED DEVELOPMENT GROUP v. INSPIRED PRODUCTS GROUP, LLC - Before Prost, Newman, and Stoll.  Appeal from the United States District Court for the Southern District of Florida. Summary: Alleging that a contract issue...more

A&O Shearman

Northern District Of Illinois Dismisses State Law Claims As Barred By SLUSA

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On May 13, 2019, Judge Charles P. Kocoras of the United States District Court for the Northern District of Illinois dismissed with prejudice a putative class action against TD Ameritrade and an investment advisory company as...more

A&O Shearman

New York Federal Court Dismisses Charter School’s Section 10(b) Claims For Lack Of Standing, Rejecting Plaintiff’s Constructive...

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On April 10, 2019, Judge Loretta A. Preska of the United States District Court for the Southern District of New York dismissed an action asserting violations of Section 10(b) of the Securities and Exchange Act of 1934 and...more

Proskauer - Employee Benefits & Executive...

Ninth Circuit Affirms Dismissal of ERISA Claims Against Health Insurers

The Ninth Circuit agreed that the employer-members of Montana’s Chamber of Commerce failed to state a claim for breach of fiduciary duty under ERISA § 502(a)(2) and violations of ERISA’s prohibited transaction rules under...more

Sheppard Mullin Richter & Hampton LLP

Class Size Doesn’t Matter—Seventh Circuit Holds That Federal Law Bars Private Securities Class Actions Brought Under State Law...

In Nielen-Thomas v. Concorde Investment Servs., LLC, No. 18-2875, 2019 WL 302766 (7th Cir. Jan. 24, 2019), the United States Court of Appeals for the Seventh Circuit held that the Securities Litigation Uniform Standards Act...more

Mintz - Employment Viewpoints

Two Recent FLSA Decisions Bring Good News to Employers

As 2018 came to a close, a pair of federal court decisions provide much needed guidance on two thorny wage and hour issues that are being increasingly litigated nationwide under the Fair Labor Standards Act (FLSA). In one...more

Knobbe Martens

Maxchief Investments Limited v. Wok & Pan, Ind., Inc.

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Federal Circuit Summary - Before Dyk, Reyna, and Hughes. Appeal from the United States District Court for the Eastern District of Tennessee. Summary: In the context of a suit for a declaration of non-infringement and...more

Womble Bond Dickinson

Preemption Not a Silver Bullet to Defeat State Law Claims

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In many recent cases—including several chronicled here at FCRAland—courts have dismissed state-law claims when those claims were preempted by FCRA. Yesterday, a court bucked the trend and held that a state-law breach of...more

Womble Bond Dickinson

How Elected Officials Shaped the FCRA: Congress’s Intent to Preempt State Law Claims

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In Thornton v. Equifax Info. Servs., No. 4:18-CV-80 (CDL), 2018 U.S. Dist. LEXIS 189052 (M.D. Ga. Nov. 5, 2018), the United States District Court for the Middle District of Georgia confirmed that a plaintiff’s state law...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Court Confirms Louisiana Anti-Discrimination Statute, Not Tort Law, Provides the Exclusive Basis for Employment Discrimination...

Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL), which provides a statutory scheme to address...more

Womble Bond Dickinson

State Law Claims Beware: When FCRA Preempts Claims Brought Under Other Laws

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Recently, we’ve seen a number of state law and common law claims dismissed because those claims are preempted by FCRA. In general, a preemption defense argues that, where a state law could conflict with federal law, only...more

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