News & Analysis as of

Jurisdiction Pleading Standards

Shook, Hardy & Bacon L.L.P.

Pace v. Cirrus Design Corp.: The Fifth Circuit Provides Insight Into Application of Recent SCOTUS Opinions

The Fifth Circuit recently clarified the applicability of the pleading standard in assessing fraudulent joinder and applied two major Supreme Court personal jurisdiction decisions in new contexts. Glen Pace, a Mississippi...more

Eversheds Sutherland (US) LLP

Sixth Circuit validates challenge to PFAS class - demands greater specificity in pleading standards for causation

On November 27, a landmark PFAS decision by the Sixth Circuit effectively dismissed a statewide class action for lack of standing. This potentially sets the stage for a new era of PFAS litigation, where historically general...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Supplemental Jurisdiction Declined

This week, the Ninth Circuit approves a district court decision to decline supplemental jurisdiction in a joint California Unruh Civil Rights Act and Americans with Disabilities Act case. VO V. CHOI - The Court holds...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Supplemental Jurisdiction and The Unruh Act

This week, the Court tackles the jurisdictional implications of California’s attempt to limit the abusive filing of Unruh Act claims with heightened procedural requirements applied only in state court. ARROYO JR. v....more

Sheppard Mullin Richter & Hampton LLP

Patent Infringement Pleading Standards Remain Unsettled Five Years After the Abrogation of Form 18 – Part 2: Pleading Standards in...

December 1, 2020 marked the five-year anniversary of the Supreme Court’s abrogation of Form 18—the model complaint that provided the minimum requirements for stating a claim of direct infringement. Following the abrogation...more

BakerHostetler

[Webinar] One Year of Patent Law in 60 Minutes - February 24th, 12:00 pm - 1:00 pm EST

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Give us an hour of your time and we will deliver a fun and free CLE with a fast-paced overview on the state of patent law. In their fourth annual webinar, BakerHostetler Partners Michael E. Anderson and Jason F. Hoffman will...more

BakerHostetler

[Webinar] Patent Law: 2019 Year End Review (and 2020 Preview) - February 26th, 12:00 pm ET

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This timely and fast-moving webinar provides insight for business leaders and legal counsel, highlighting many of the significant holdings by the Supreme Court and Federal Circuit in patent cases in 2019 and what issues are...more

Skadden, Arps, Slate, Meagher & Flom LLP

Drafting International Dispute Resolution Clauses

On December 5, 2018, Skadden hosted the webinar “Drafting International Dispute Resolution Clauses.” Topics included the importance of dispute resolution clauses, choosing between litigation and arbitration, drafting...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - December 2018

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between September 2018 and October 2018. ...more

Womble Bond Dickinson

Polly Want Statutory Damages?: Court Confirms Parroting the Language of the TCPA Won’t Get You Far

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In Montinola v. Synchrony Bank, Civil Action No. 17-8963, 2018 U.S. Dist. LEXIS 146716 (D.N.J. Aug. 28, 2018), the District of New Jersey granted defendant’s Rule 12(b)(6) motion to dismiss based on Plaintiff’s failure to...more

Foley & Lardner LLP

Seventh Circuit Considers Diversity Jurisdiction in Trust Dispute

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In Doermer v. Oxford Fin’l Group, Ltd., No. 17-1659 (7th Cir. Mar. 7, 2018), the Seventh Circuit had before it an example of what Chief Judge Diane Wood called a “depressingly common” type of litigation: “[f]amily disputes...more

Hogan Lovells

How a constitutional amendment is transforming litigation in Mexico

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In 2017, Mexico’s congress approved a key amendment to its Federal Commercial Code. The amendment is now driving dramatic changes to the country’s trial process. One of those changes — a shift from written to oral proceedings...more

Skadden, Arps, Slate, Meagher & Flom LLP

Activists at the Gate: Court of Chancery Weighs In on Claims Involving Activist Stockholders

Several recent decisions applying Delaware law offer helpful insight about the impact that activist investor involvement has on board decision-making leading to a transaction and how those decisions will be reviewed by the...more

Mayer Brown

Third Circuit Issues Helpful Decision On Punitive Liability Under New Jersey Law

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In a recent decision in In re Paulsboro Derailment Cases, the Third Circuit affirmed the dismissal of a case brought by plaintiffs who alleged that they had been exposed to airborne chemicals following a train derailment....more

Knobbe Martens

Medtronic v. Robert Bosch – Has the Federal Circuit closed the door on reviewing IPR institution decisions?

Knobbe Martens on

On October 20, 2016, the Federal Circuit issued yet another opinion finding that the Patent Trial and Appeal Board’s decisions related to the institution of an inter partes review (IPR) are not subject to judicial review. ...more

BCLP

Stern Amendments to Bankruptcy Rules

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While it has taken five years of committee and court efforts, the “Stern Amendments” to the Federal Rules of Bankruptcy Procedure will become effective December 1, 2016. These amendments will streamline litigant and court...more

Zelle  LLP

5th Circ. Brings Consistency to Improper-Joinder Analysis

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Weather events in recent years have led to a surge of lawsuits seeking coverage for property damage. Often, in an effort to defeat diversity jurisdiction, a Texas resident will sue both a foreign insurance company and a...more

McDermott Will & Emery

ANDA Update - October 2015

McDermott Will & Emery on

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Morris James LLP

Delaware District Court Explains Securities Law Pleading Rules

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This decision is an excellent primer for what must be plead to state a claim under various sections of the federal securities laws. The pleadings rules to establish a claim well enough to avoid a motion to dismiss are...more

Beveridge & Diamond PC

High Court Finds Plausible Showing of Amount in Controversy Sufficient to Remove Action

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In a decision that may make it somewhat easier for defendants to remove putative class actions from state to federal court, the U.S. Supreme Court ruled that defendants in such cases do not need to offer evidence in their...more

Katten Muchin Rosenman LLP

Supreme Court Clarifies Class Action Removal Pleading Standard

The US Supreme Court recently held that under the Class Action Fairness Act (CAFA), a defendant need not provide proof of the amount in controversy in its notice of removal to federal court. Only a plausible allegation is...more

Allen Matkins

Must Suits/Actions To Enforce Section 25401 Be Brought In The Federal Courts?

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Suppose Congress enacts a statute providing that the federal courts will have exclusive jurisdiction of all lawsuits brought to enforce any liability or duty under a federal act or the rules adopted under that act. If a...more

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