News & Analysis as of

Federal Rule 12(b)(6) Motion to Dismiss

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

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

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

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

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

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

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

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

Seyfarth Shaw LLP

Computers on Wheels: Complaint Against Auto Manufacturer For Allegedly Botched Software Update Survives (For Now)

Seyfarth Shaw LLP on

A federal court in Georgia recently denied a motion to dismiss filed by an auto manufacturer seeking to avoid a putative class action lawsuit filed by an owner who claimed that an allegedly botched over-the-air (OTA) software...more

Womble Bond Dickinson

District of Delaware Judge Stops Practice of Referring Certain 12(b)(6) Motions to Magistrates

Womble Bond Dickinson on

In recent years, District of Delaware Judges, including Judge Richard Andrews, have helped to manage the high volume of patent litigation cases by referring 12(b)(6) motions to dismiss to Magistrate Judges. Last week, in...more

Manatt, Phelps & Phillips, LLP

Post-Facebook v. Duguid Litigation Roundup (UPDATED)

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Freeman Law

Reasonable Cause: An Estate’s Defense Against IRS’s Late-Filing Penalties

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The Internal Revenue Code (the “Code”) contains over 150 civil tax penalties for various conduct and non-conduct. One common group of penalties, associated with the late filing of a tax return and the late payment of tax,...more

Akin Gump Strauss Hauer & Feld LLP

Overlooked Patent Cases: Indirect Infringement Developments

Allegations of indirect patent infringement require, among other things, pleading that the defendant had knowledge of the asserted patent. It is not well-settled law, however, whether notice of a complaint itself satisfies...more

Akin Gump Strauss Hauer & Feld LLP

The Eastern District of Texas Granted a Rule 12(b)(6) Dismissal Because the Asserted Patent Was Directed to the Patent-Ineligible...

A district court in the Eastern District of Texas granted a Rule 12(b)(6) motion to dismiss computer-implemented claims as patent-ineligible abstract ideas under 35 U.S.C. § 101. The Patent is directed to credentialing...more

Troutman Pepper

Western District of Washington Denies Defendant’s Motion to Dismiss Based on Plaintiff’s Allegations That She Did Not Owe the Debt

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In Tinsley v. Fairway Collections, LLC, the Western District of Washington recently issued an opinion finding that dismissal of a consumer’s FDCPA claim was not warranted because she alleged not owing the underlying debt at...more

Fox Rothschild LLP

Chief Judge Stark Denies Defendants’ Motions To Dismiss Plaintiff’s Complaints Asserting Patent Infringement Due To The Use Of...

Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Leonard P. Stark in Stragent, LLC v. BMW of North America, LLC et al., Civil Action No. 20-510-LPS (D.Del. March 25, 2021) (consolidated), the Court denied Defendants’ motions to...more

Downs Rachlin Martin PLLC

Vermont Supreme Court Issues Important Decision On The Enforceability Of Arbitration Clauses In Consumer Agreements And The...

The Court Affirmed A Lower Court’s Enforcement Of The Arbitration Clause, Requiring The Consumers To Arbitrate Their Claims Against A Home Inspection Company, And Also Affirmed The Lower Court’s Refusal To Vacate The...more

Rosenberg Martin Greenberg LLP

West Virginia Supreme Court Rejects Federal “Plausible On Its Face” Standard For Motions to Dismiss Under State Counterpart of...

The Rules of Civil Procedure adopted by the West Virginia Supreme Court of Appeals are derived to a large extent from the Federal Rules of Civil Procedure.  In fact, many of the West Virginia Rules of Civil Procedure track...more

Akin Gump Strauss Hauer & Feld LLP

District Court Denied Rule 12(b)(6) Motion Based on Section 101 Because Additional Facts and Claim Construction Would Provide...

While a district court in California remained “skeptical” of the patent eligibility of three computer-implemented patents, the court denied a Rule 12(b)(6) motion to dismiss under 35 U.S.C. § 101. The court found that claim...more

McDonnell Boehnen Hulbert & Berghoff LLP

Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2020)

Somewhat remarkably, there is no settled Federal Circuit precedent regarding where a patentee can bring suit against a generic competitor in Hatch-Waxman litigation under 35 U.S.C. § 271(e)(2).  While recognizing that this...more

Epstein Becker & Green

Secrecy Is a Necessary, but Not Sufficient, Condition of Alleging Information Is “Trade Secret”: a Court Rules Information Must...

Epstein Becker & Green on

In Payward, Inc. v. Runyon, Case No. 20-cv-02130-MMC, the United States District Court for the Northern District of California granted a Rule 12(b)(6) motion, ruling that information alleged to be “secret” failed to qualify...more

Troutman Pepper

False Claims Act Update: Third Circuit Widens First-to-File Circuit Split

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Last week, in the In re Plavix decision, the Third Circuit addressed the question of whether relators can be added or substituted in an amended complaint and, in the process, weighed in on whether the first-to-file bar is...more

Troutman Pepper

The Eastern District of Wisconsin Reaffirms the Importance of the Least Sophisticated Consumer Standard in Drafting Collection...

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A recent decision out of the Eastern District of Wisconsin provides an important reminder to loan servicers that a statement in a debt collection letter could be considered misleading under the Fair Debt Collection Practices...more

Mintz - Intellectual Property Viewpoints

District of Delaware Goes against Prior Decisions and Declines to Dismiss Willful Infringement Claims Despite Failure to Allege...

On July 30, 2020, the U.S. District Court for the District of Delaware, in APS Technology, Inc. v. Vertex Downhole, Inc. et al, No. 19-cv-01166, denied Vertex Downhole’s Rule 12(b)(6) motion to dismiss APS’s patent...more

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