Federal Rule 12(b)6)

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

Rich v. Chong, C.A. No. 7616-VCG (Del. Ch. Apr. 25, 2013) (Glasscock, V.C.)

by Potter Anderson & Corroon LLP on 5/7/2013

In this opinion, the Court of Chancery denied a motion to dismiss a derivative action brought by a stockholder of Fuqi International, Inc. because the plaintiff pled facts that raised a reasonable doubt that the Fuqi board...more

Court Dismisses Another Say-On-Pay Disclosure Case

by Jill Radloff | Leonard, Street and Deinard - Dodd-Frank and... on 4/9/2013

The District Court for the Northeastern District of Illinois recently granted a Rule 12(b)(6) motion to dismiss an action styled Noble v. AAR Corp. The plaintiff alleged that the company failed to provide adequate...more

District Court Widens Split On Whether Complaints Of Alleged Future Misconduct Are Protected

by Noa Baddish, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 2/18/2013

The U.S. District Court for the Central District of California ruled that a SOX whistleblower complaint survived a Rule 12(b)(6) challenge on “reasonable belief” grounds and found that complaints of potential future...more

Court Reaffirms That Motions To Dismiss Must Be Based On Information Expressly Included In The Complaint

by Bryan R. Walters | Varnum LLP on 2/15/2013

In Mahindra Forgings Ltd. v. Bentler Automotive Corp., 1:12-cv-991 (W.D. Mich. Feb. 1, 2013)(Bell, J.), Bentler moved to dismiss an amended complaint based on expiration of the statute of limitations. Bentler's argument was...more

Vegan Employee May Proceed with Religious Discrimination Claim

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/17/2013

A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more

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