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Federal Rule 12(b)(6)

Polsinelli

Regeneron v Novartis and Vetter: Walker Process Client Update

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In an appeal that attracted a dozen amici, including the Department of Justice, the Federal Trade Commission, five states, and the District of Columbia, the Second Circuit gave the Walker Process antitrust doctrine a shot in...more

Whitcomb Selinsky, PC

Blue & Gold Waiver Rule Upheld in M.R. Pittman Bid Protest Appeal

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The M.R. Pittman Group, LLC filed an appeal with the United States Court of Appeals for the Federal Circuit on May 22, 2023. This appeal stemmed from the dismissal of their bid protest by the United States Court of Federal...more

Littler

Second Circuit Further Addresses the Pleading Standard for FLSA Overtime Claims

Littler on

Nearly a decade ago, the U.S. Court of Appeals for the Second Circuit issued three decisions clarifying and tightening the standard for asserting plausible overtime claims under the Fair Labor Standards Act (FLSA) in the...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Playing Hooky And Cleanup Costs

This week, the Court considers a public employee’s claimed First Amendment right to speak about an investigation into his misconduct, and whether a prior action for contribution under the Comprehensive Environmental Response,...more

Haug Partners LLP

Hantz Software LLC v. Sage Intacct, Inc.

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In Hantz Software, LLC, v. Sage Intacct, Inc.1, the Court of Appeals for the Federal Circuit affirmed the decision of the District Court for the Northern District of California to invalidate patents that are ineligible under...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: January 2023

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The Texas patent litigation monthly update for January 2023 summarizes one patent decision that issued from the Western District of Texas. This decision is one of the first Rule 12(b)(6) motions to dismiss granted in a patent...more

Morris James LLP

Chancery Sustains M&A Fraud Claims Based On Near-Term EBITDA Projections

Morris James LLP on

In re P3 Health Grp. Hldgs., LLC, C.A. No. 2021-0518-JTL (Del. Ch. Oct. 26, 2022) - This recent decision addresses three points of interest relevant to fraud claims....more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Deceptive Financial Advisory Services and Religious Speech

This week, the Court addresses the definition of “financial advisory services” under the Consumer Financial Protection Act and whether a plaintiff’s allegations of First Amendment violations plausibly stated a claim under...more

Foley & Lardner LLP

Web IP Ruling Illustrates Ways To Clear Hurdles To Eligibility

Foley & Lardner LLP on

Since the U.S. Supreme Court's 2014 Alice Corp. v. CLS Bank International ruling, patentees attempting to enforce their patents in the software arts have encountered a more significant hurdle for patent eligibility that has...more

Knobbe Martens

Plausible Factual Allegations Concerning Inventive Concepts Preclude Motion to Dismiss

Knobbe Martens on

COOPERATIVE ENTERTAINMENT, INC. v. KOLLECTIVE TECHNOLOGY, INC. - Before Moore, Lourie, and Stark. Appeal from the United States District Court for the Northern District of California. - Summary: Plausible allegations...more

Smith Anderson

Construction Project Participants Face Differing Time Limits for Claims as NC Court of Appeals Interprets Definition of...

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The North Carolina Court of Appeals recently issued a decision in Gaston County Board of Education v. Shelco, LLC, et al that has the potential to significantly impact the time limits for claims on construction projects....more

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

Fifth Circuit Finds Specific Allegation of One-Time Use of Racial Slur Sufficient to Preclude Dismissal Under Rule 12(b)(6)

On March 24, 2022, the U.S. Court of Appeals for the Fifth Circuit reversed a district court’s Federal Rule of Civil Procedure 12(b)(6) dismissal for failure to state a claim on a pro se plaintiff’s hostile work environment...more

Goldberg Segalla

Asbestos Complaint Survives Motion to Dismiss

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U.S. District Court for the Eastern District of North Carolina, Eastern Division, May 13, 2022 The plaintiffs Augustus Adams and his wife brought suit against numerous defendants, alleging that Mr. Adams developed...more

Sheppard Mullin Richter & Hampton LLP

Dairy, LLC v. Milk Moovement, Inc.: Identifying Software Trade Secrets With Particularity to State a Claim for Trade Secret...

A recent decision from the Eastern District of California illustrates the sometimes fine line between the need for plaintiffs to allege a claim for trade secret misappropriation in sufficient detail, while avoiding disclosing...more

Akin Gump Strauss Hauer & Feld LLP

District Court Granted Dismissal Because the Patent Recited a Patent-Ineligible Abstract Idea of Processing and Transmitting Data

Chief Judge Lynn in the Northern District of Texas recently granted a Rule 12(b)(6) motion to dismiss a complaint alleging patent infringement because the claim-at-issue recites patent-ineligible subject matter under 35...more

Snell & Wilmer

Federal Circuit Affirms Dismissal of “Process Automation” Patent Infringement Suit

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On March 15, 2022, the Federal Circuit affirmed the Eastern District of Texas’s dismissal of a patent infringement complaint because the asserted patent claims were directed to process automation and therefore not eligible...more

McDonnell Boehnen Hulbert & Berghoff LLP

Repifi Vendor Logistics, Inc. v. Inellicentrics, Inc. (Fed. Cir. 2022)

There is a theme running through many patent-eligibility disputes that is analogous to baiting-and-switching.  One party has claims that recite an invention.  The other party characterizes those claims at a high level or...more

Proskauer - Corporate Defense and Disputes

Cisco Diversity Suit Dismissed

Another shareholder derivative suit claiming diversity shortcomings within the company was dismissed last week: A judge in the Northern District of California dismissed allegations that Cisco Systems Inc. falsely and...more

Carlton Fields

How to Avoid Getting Shot Down – A Primer on Shotgun Pleadings

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The Eleventh Circuit recently reaffirmed its stance on shotgun pleadings, reiterating in Barmapov v. Amuial that district courts are within their discretion to dismiss with prejudice a shotgun pleading filed by a litigant...more

Jenner & Block

Is There a Limit to Insurer Unwillingness to Cover Claims for Unsolicited Marketing Communications? Two Decisions by the Seventh...

Jenner & Block on

Among the many unusual aspects of 2021 is that the same insurance company was before a federal appellate court on two separate but contemporaneous cases – one in which the insurer was asserting a lack of insurance coverage...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Money, Money, Money, Money

This week the Court addresses the constitutionality of Oakland’s Uniform Residential Tenant Relocation Ordinance’s “relocation fee,” and the proper method for calculating an employer’s “withdrawal liability” under ERISA. ...more

Hogan Lovells

Blue Cube Spinco v. Dow Chemical: Indemnification allegation sufficient for breach of contract claim - Quarterly Corporate / M&A...

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In Blue Cube Spinco LLC v. The Dow Chemical Company, C.A. No. N21C-01-214 PRW CCLD (Del. Sup. Ct. Sept. 29 2021), the Delaware Superior Court found that an M&A buyer had adequately alleged breach of contract claims for a...more

Zelle  LLP

Minn. Big Oil Climate Suit Follows Big Tobacco Blueprint

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When Minnesota's Attorney General Keith Ellison announced in June 2020 that his office had filed a climate change lawsuit, the litigation strategy he described was relatively novel for a climate change case. Rather than...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - December 2021

This quarter’s issue includes summaries and associated court opinions of selected cases decided in August and September 2021. Appraisal Rights - Delaware Supreme Court Enforces Sophisticated Investors’ Waiver of Appraisal...more

Proskauer - Whistleblower Defense

CA District Court: Dodd Frank Whistleblower Provision Does Not Apply Extraterritorially

On June 28, 2021, the United States District Court for the Northern District of California granted the Company’s Rule 12(b)(6) motion to dismiss after an executive claimed he was discharged in violation of the Dodd-Frank...more

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