News & Analysis as of

Mootness Motion to Dismiss

A&O Shearman

DOJ Fails To Secure Jury Trial In Adtech Monopoly Suit After Damages Claim Mooted By $2.3 Million Cashier’s Check

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On June 11, 2024, the United States District Court for the Eastern District of Virginia granted defendant’s motion to dismiss plaintiffs’ damages claim in a lawsuit brought by the Department of Justice and eight states...more

McDermott Will & Emery

When Is It Really Over? If Additional Proceedings Are Needed, Judgment Is Not Final

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The US Court of Appeals for the Federal Circuit, factually distinguishing the concept of finality in this case from its earlier decision in Fresenius USA v. Baxter Int’l, vacated and remanded a district court’s amended final...more

Mintz

Lawsuit Challenging Taxation of Cryptocurrency Tokens Generated Through Staking Dismissed as Moot

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The early dismissal of a federal lawsuit that could have resolved whether certain cryptocurrency tokens can be taxed as federal income feels like business as usual for an industry accustomed to uncertainty. At issue in this...more

McGlinchey Stafford

Do I have a State Court Standing Defense? - McGlinchey Commercial Law Bulletin - July 27 2022

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Ohio- In this matter, the Second Appellate District dismissed the appeal as the issue of whether the trial court correctly determined the accounting on the promissory note was rendered moot because the debtor’s debt was...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Long Arms and Sore Backs

This week, the Ninth Circuit explains when courts have personal jurisdiction over foreigners who contract with U.S.-based businesses, and whether severe pain can qualify as a disability under the Longshore and Harbor Workers’...more

Robins Kaplan LLP

AstraZeneca AB v. Mylan Pharms. Inc.

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BECAUSE DELAWARE WAS AN IMPROPER VENUE FOR DEFENDANT MYLAN, AND DEFENDANT 3M DEMONSTRATED THAT VARIOUS FACTORS WEIGHED IN FAVOR OF A TRANSFER, THE CASE WAS TRANSFERRED TO THE NORTHERN DISTRICT OF WEST VIRGINIA. Case...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2019 #2

PATENT CASE OF THE WEEK - HZNP Medicines LLC v. Actavis Laboratories UT, Inc., Appeal Nos. 2017-2149, et al. (Fed. Cir. Oct. 10, 2019) - In a lengthy decision following a bench trial, the Court addressed a matter of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Environmental Policy Act/ National Historic Preservation Act: Federal Appellate Court Addresses Mootness Issue

The United States Court of Appeals for the Tenth Circuit (10th Circuit) addressed in an October 4th opinion a mootness issue associated with National Environmental Policy Act (“NEPA”) and National Historic Preservation Act...more

BCLP

Website Accessibility Alert: Court Addresses Mootness Argument in Website Accessibility Case

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As businesses continue to face lawsuits and demand letters alleging that their websites are inaccessible to blind and deaf patrons in violation of the Americans with Disabilities Act (“ADA”), courts across the country...more

Seyfarth Shaw LLP

Pennsylvania Federal Court Finds That Plaintiff’s Trade Secret Misappropriation Allegations Hold Up

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A Pennsylvania federal court recently denied Defendant Synchrony Group, LLC’s motion to dismiss a trade secret lawsuit filed by Plaintiff Jazz Pharmaceuticals, Inc. (Jazz”) holding that Plaintiff sufficiently stated a trade...more

BCLP

Eleventh Circuit to Consider Whether Prior Settlement Moots Website Accessibility Case

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The Eleventh Circuit Court of Appeals is set to hear oral arguments on April 4 concerning whether a website accessibility plan pursuant to a prior settlement agreement moots injunctive relief claims under Title III of the...more

Carlton Fields

Plumbers Overcome Spokeo-Based Standing Blockage in Putative TCPA Class Action

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The Northern District of Illinois cleared the way for a plumbing company’s putative TCPA class action against Allstate Insurance Company and Oh Insurance Agency by denying defendants’ motions to dismiss, which were inspired...more

Robinson+Cole RLUIPA Defense

Church’s RLUIPA Claims Unripe And Moot, Says Federal Court

A federal district court in Illinois has dismissed religious discrimination and related claims alleged by the Church of Our Lord & Savior Jesus Christ (“Church”) against the City of Markham, Illinois (“City”), in connection...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Mylan v. Aurobindo the Circuit affirms the grant of a preliminary injunction based upon the infringement of one of the three patents in suit. However, the panel reverses the injunction as to the other two patents based on...more

Farrell Fritz, P.C.

Failure To Seek Preliminary Injunctive Relief Supports Motion To Dismiss And Renders Appeal Academic

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On December 21, 2016, the Appellate Division, Second Department, rendered yet another decision whereby an appeal was dismissed “as academic” on the grounds that during the pendency of the appeal, the land use development...more

Foley & Lardner LLP

Seventh Circuit Clarifies That Lawyers Can Appeal Nonmonetary Sanctions

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Imagine that, at the end of a case, the judge decides to impose sanctions on you for the way in which you have handled discovery, or done something at trial. In the order requiring you and your client to pay your opponent...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19384 - State v. Carter - SC19282 - State v. Peeler - Appellate Court Advance Release Opinions: AC37262 - Dumbauld v. Dumbauld - AC37262 Concurrence -...more

Morris James LLP

Inequitable Conduct Counterclaim Is Dismissed

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Hillman, J. (sitting by designation) Defendant’s motion to dismiss inequitable conduct counterclaim is granted. The counterclaim is dismissed as moot. Oral argument took place on March 29, 2016....more

Proskauer - Corporate Defense and Disputes

Southern District of Florida Case Challenging Bylaw Requiring Minimum Stake to Sue Dismissed

As we have previously discussed, there has been a growing trend of corporations’ adopting various types of bylaws to define the bounds of shareholder litigation. These include forum-selection bylaws and fee-shifting bylaws...more

Ballard Spahr LLP

U.S. Supreme Court Ponders Whether an Unaccepted Rule 68 Offer Can Moot a Plaintiff’s Claims as It Hears Argument in Gomez

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The U.S. Supreme Court heard oral argument in Campbell-Ewald Co. v. Gomez on October 14, 2015, an important case presenting the question of whether a defendant can defeat a class action by offering complete individual relief...more

Carlton Fields

Fifth Circuit Holds Unaccepted Rule 68 Offer of Judgment Cannot Moot a Named Plaintiff’s Claim in a Putative Class Action

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The defendant in a putative class action brought pursuant to the Electronic Funds Transfer Act (EFTA), 15 U.S.C. § 1693, et seq., tendered a Rule 68 offer of judgment to the named plaintiff before class certification briefing...more

Brooks Pierce

A Happy Dance For Plaintiffs Who Moot A Motion To Dismiss By Moving To Amend Their Complaint

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Maybe you've been in this situation before. You've moved to dismiss a complaint, have fully briefed your motion, and the defendant dances in on the day of the hearing on your motion and amends his complaint. And the...more

Knobbe Martens

Federal Circuit Review - Volume 3 | Issue 2 February 2013

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In This Issue: • Licensing to Foreign Manufacturers Satisfies Domestic Industry • Appeal Found to Be Moot in Light of “Side Bet” • Mere Design Choice Leads to Obviousness Finding • Design Patent Infringement...more

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