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Due Process Motion to Dismiss

Seyfarth Shaw LLP

Appeals Court Reinstates Legal Challenge to Local Law 97 Governing Emissions of Greenhouse Gases by Big Buildings in New York City

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In April 2019, the New York City Council passed Local Law 97 (“LL 97”) as part of the Climate Mobilization Act. LL 97 imposes strict restrictions on greenhouse gas emissions for buildings 25,000 square feet or larger and...more

Constangy, Brooks, Smith & Prophete, LLP

Va. Supreme Court lets teacher's "pronoun" lawsuit go forward

The teacher had a religious objection. The Virginia Supreme Court yesterday found in favor of a West Point public school teacher whose employment was terminated because he would not address a transgender student by the...more

AEON Law

Patent Poetry: A T-Shirt and Shorts: A Trademark Tale

AEON Law on

Where can you sue for trademark infringement? Two recent cases involving leisure wear show that it depends on which Circuit you’re in. The first case is Brothers and Sisters in Christ, LLC v. Zazzle, Inc....more

Kohn, Kohn & Colapinto LLP

Supreme Court to Review DOJ’s Authority to Dismiss False Claims Act Whistleblower Suits

On June 21, the U.S. Supreme Court granted certiorari in United States, ex rel. Polansky v. Executive Health Resources, Inc. The Court agreed to hear the case which concerns the issue of whether or not the U.S. government can...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: PJ

This week, the Ninth Circuit clarifies personal jurisdiction doctrine in the context of a defamation suit between a nonresident plaintiff and out-of-state defendants. BURRI LAW PA v. SKURLA - The Court vacates the...more

Goldberg Segalla

Product Manufacturer and Supplier’s Motion to Dismiss Granted for Lack of Personal Jurisdiction

Goldberg Segalla on

Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport, February 18, 2022 - In this asbestos action, defendant Ametek, Inc. moved to dismiss the complaint by plaintiffs Maria and Carmelo Patti. The...more

Venable LLP

Judge Tells FTC That It Can’t Have Its Part III and Eat It, Too

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I’ve never really understood the saying “You can’t have your cake and eat it, too,” but I was reminded of it when I read U.S. District Judge Amy Totenberg’s opinion rejecting the FTC’s efforts to stay or voluntarily dismiss...more

Kramer Levin Naftalis & Frankel LLP

District Court Denies Motion to Dismiss SEC’s First ‘Shadow Trading’ Complaint

Judge William H. Orrick of the Northern District of California recently denied a motion to dismiss the Securities and Exchange Commission’s (SEC’s) first insider trading case charging a defendant with “shadow trading.” The...more

Dechert LLP

Federal Court Rejects DOJ’s Novel and Extraterritorial Effort To Extend FCPA Jurisdiction to Foreign Agents

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The United States District Court for the Southern District of Texas recently recognized new constitutional and extraterritorial limits on the FCPA. In an order entered November 10, 2021, the court held that it lacked...more

Husch Blackwell LLP

Georgia Supreme Court Reaffirms Consent by Registration Theory of Personal Jurisdiction

Husch Blackwell LLP on

On September 21, 2021, in Cooper Tire & Rubber Company v. McCall, the Georgia Supreme Court reaffirmed the broad holding that any corporation registered to do business in Georgia is subject to general personal jurisdiction in...more

Morris James LLP

Chancery Permits Service By Email Upon Singaporean Defendants

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Skye Mineral Investors, LLC v. DXS Capital (U.S.) Ltd., C.A. No. 2018-0059-JRS (Del. Ch. Jul. 15, 2021). Delaware’s long-arm statute permits service of process on a foreign defendant by personal service, by mail with...more

Dorsey & Whitney LLP

Influenced by Social Media Marketing, the Ninth Circuit finds Personal Jurisdiction over Foreign Defendant under Federal Rule...

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In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Manuka Honey and Waterslides

This week, we take a look at a decision addressing what a “reasonable” consumer will know in purchasing a product (and distinguishing the Seventh Circuit in the process), and at another assessing the legality of Washington’s...more

King & Spalding

Home Health Agency Unable to Block HHS From Recouping $2.8 Million in Alleged Overpayments

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An Arizona District Court judge held last week that the court lacked subject-matter jurisdiction over a home health agency’s (HHA) procedural due process claim because the HHA had failed to present its claim to HHS first and...more

Foley & Lardner LLP

Constitutional Challenges to Proposed Retroactive COVID-19 Coverage Legislation

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In the early days of the COVID-19 pandemic, many thousands of businesses were forcibly shuttered when governors and mayors across the country ordered cessation of most economic activity and closure of most businesses in an...more

Dechert LLP

U.S. Federal Court of Appeals Confirms that Schools Must Provide Fair Process in School Disciplinary Proceedings—No Ifs, Ands, or...

Dechert LLP on

Key Takeaways: The Sixth Circuit’s Doe v. Oberlin College decision confirms that in college and university disciplinary cases, fair processes are not optional; they apply to everyone alike—whether the accused or the...more

Hinshaw & Culbertson - Lawyers for the...

Utah's District Court Dismisses Malpractice Action Against Florida Firm Based on Lack of Jurisdiction

R.M. v. Dennis, Jackson, Martin & Fontela, P.A., 2020 U.S. Dist. LEXIS 68115 Brief Summary - Utah's federal district court granted a motion to dismiss filed by a Florida-based law firm and its associate (collectively...more

King & Spalding

Federal Court Partially Grants Motion to Dismiss Clearing Way for New HHS Liver Allocation Policy to Go into Effect

King & Spalding on

On January 21, 2020, the U.S. District Court for the Northern District of Georgia granted in part and denied in part a motion challenging a new HHS policy for allocating livers to transplant patients in the United States. The...more

WilmerHale

Ninth Circuit Watch: Panel Holds That Climate Change Activists Lack Standing to Sue Federal Government

WilmerHale on

On January 17, a divided panel of the U.S. Court of Appeals for the Ninth Circuit held in Juliana v. United States that a coalition of young people lacked standing to require the federal government to develop a plan to “phase...more

Butler Snow LLP

Personal Jurisdiction Lessons Learned . . . Forgotten . . . and Remembered

Butler Snow LLP on

As lawyers, we learn early on about the necessity that a court must have personal jurisdiction over a defendant in order to enter a valid, enforceable judgment. Recently, the Tennessee Court of Appeals, in Corporate Flight...more

Ballard Spahr LLP

PA Federal Court Nixes Out-of-State Business Entities' Supposed “Consent” to General Personal Jurisdiction as Unconstitutional

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In a decision that should have a ripple effect in Pennsylvania state and federal courts, the U.S. District Court for the Eastern District of Pennsylvania held in a June 6, 2019, opinion that “the Pennsylvania statutory scheme...more

Carlton Fields

A Treat For Plaintiffs’ Lawyers: Middle District of Florida Finds Bristol-Myers Squibb Inapplicable to Class Actions

Carlton Fields on

As we previously reported, courts continue to sift through the unsettled law left in the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb v. Superior Court of California. ...more

Seyfarth Shaw LLP

Robles v. Dominos: Engaged Ninth Circuit Hears Web Access Appeal

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On October 12, in sunny Pasadena, California, the Ninth Circuit Court of Appeals heard oral arguments in the Robles v. Dominos case. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Midyear Update 2018

This edition focuses on rulings issued between February 16, 2018, and June 15, 2018. In this issue, we cover three decisions granting motions to strike/dismiss class claims, five decisions denying such motions, 27 decisions...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2018

State Files Motion to Dismiss Federal Lawsuit by EQT - "Lawyers representing the Secretary of the state Department of Environmental Protection have filed a motion to dismiss a lawsuit by the natural gas company EQT over a...more

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