News & Analysis as of

Improper Venue

Planned Motion to Dismiss Insufficient to Extend Rule 26(f) Deadlines

In an ongoing patent infringement case involving patents for floor-mounted electrical outlet housings, a federal court in Connecticut recently denied a Joint Motion for a Discovery Dispute Conference, signaling the court’s...more

Supreme Court Reversal of TC Heartland May Place Focus on "Regular and Established Place of Business" for Proper Venue

by Blank Rome LLP on

Action Item: In which jurisdictions can you expect patent venue to be proper if the Supreme Court reverses Federal Circuit in TC Heartland, and holds that the broad definition of corporate residence in the general venue...more

Three Point Shot - Summer 2016

by Proskauer Rose LLP on

800-Meter Champion Berian Eventually Outpaces Nike Endorsement Suit... Or Did He? World 800-meter champion Boris Berian is seemingly capable of out-running just about anything these days. Berian is just a year removed...more

Superior Court Dismisses Warranty Of Accuracy Claim

by Morris James LLP on

This decision holds that Delaware does not recognize a claim for the implied warranty of accuracy for a report of an inspection company. Of course, that does not mean there is no breach of contract claim for inspection...more

Intellectual Property Advisory: Venue Is Where the TC Heartland Is

by Alston & Bird on

On Friday, March 11, 2016, the Federal Circuit heard oral arguments in In re TC Heartland, LLC on the issue of venue in patent cases in light of the Federal Courts Jurisdiction and Venue Clarification Act of 2011 amendments...more

Comprehensive Ruling on Personal Jurisdiction and Transfer Issues Offers Cautions and Gems for In-house Counsel and Trial Lawyers

In a 46-page order, Judge Timothy Batten denied a motion to dismiss under FRCP 12(b)(2) and (3) for lack of personal jurisdiction and improper venue, or in the alternative to transfer venue brought by OMsignal, Inc....more

Alabama District Court Denies Motion To Dismiss TCPA Claim Arguing Lack Of Personal Jurisdiction, Improper Venue And That...

by Burr & Forman on

An Alabama Plaintiff sued New Jersey Defendants for violating the TCPA by sending an unsolicited fax advertising material for answering services provided by Defendant. Defendant filed a Motion to Dismiss challenging Personal...more

Challenges To Standing And Venue In Class Action Litigation

Although a class action complaint may foreshadow years of litigation filled with thousands of plaintiffs and millions of dollars in potential damages and costs, there are several early motions that, if successful, may...more

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