News & Analysis as of

Motion to Dismiss

The PTAB Grants the University of Minnesota Sovereign Immunity but does not Terminate IPR

by Knobbe Martens on

The PTAB has again addressed sovereign immunity in the context of an IPR. Reactive Surfaces, LTD. petitioned for IPR of U.S. Patents No. 8,394,618 and 8,252,571. The ’618 and ’571 patents are co-owned by Toyota Motor...more

Massachusetts Court Decides to Transfer Case in View of TC Heartland Venue Standard

Less than two months ago, the Supreme Court handed down its decision in TC Heartland v. Kraft Food Group Brands LLC—which significantly changed the way that venue in patent infringement cases would be determined. Under TC...more

The Impact of TC Heartland: Motion to Challenge Venue Waived Where Defendant Failed to Bring Motion with Other Rule 12(b) Motion

After this patent infringement action was filed, the defendant, BigCommerce, filed a motion to dismiss for failure to state a claim for relief pursuant to Fed.R.Civ.P. 12(b)(6). BigCommerce did not file a motion to transfer...more

Medical Marijuana User’s Disability Discrimination Claim Survives Employer’s Motion to Dismiss in Massachusetts

by Benesch on

In a decision that is the first of its kind, the Supreme Judicial Court of Massachusetts reversed the dismissal of a state law disability discrimination claim arising from an employee’s request for a reasonable accommodation...more

Former Employee Need Not Allege Emails Were Unopened to Assert Claim of Unauthorized Access Under Stored Communications Act

by McGuireWoods LLP on

Earlier this month, a federal court denied an employer’s motion to dismiss a claim that it violated the Stored Communications Act (SCA) by accessing a former employee’s personal emails, concluding that the plaintiff need not...more

Chris Lazarini Comments on Waiver of the Right to Seek Arbitration

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which the defendant filed fraud and RICO actions in federal court against several persons and entities alleging they defrauded her out of millions of dollars....more

Under Delaware Law, the Occurrence of Alleged Illegal Conduct at a Company Is Not Enough to Plead Demand Futility Sufficient to...

In a shareholder derivative action, to survive a motion to dismiss for failure to plead facts showing demand futility, a derivative plaintiff must plead particularized facts showing either actual involvement by a majority of...more

Federal Court Allows Title IX Claim to Proceed Based Upon Allegations That Student Harassed By Peers for Failure to Conform to...

by Tucker Arensberg, P.C. on

Russell Bittendender, et ux. v. Bangor Area School District, Case No. 15-6465 (E.D. Pa. 2017). The United States District Court for the Eastern District of Pennsylvania refused to dismiss a complaint alleging that a school...more

Judge Sleet Grants Counterclaim Defendants’ Motion To Dismiss For Lack Of Personal Jurisdiction In Antitrust Action

by Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Nespresso USA, Inc. v. Ethical Coffee Company SA, Civil Action Np. 16-194-GMS (D.Del. July 13, 2017), the Court granted the motion to dismiss for lack of...more

Alaska Genetic Privacy Suit Survives Motion To Dismiss

by King & Spalding on

On June 30, 2017, the U.S. District Court for the District of Alaska—in Cole v. Gene by Gene, Ltd., No. 1:14-CV-00004-SLG, 2017 WL 2838256, at *5 (D. Alaska June 30, 2017)—denied a motion to dismiss a putative class action...more

Yelp! Negative Online Consumer Review Protected as Opinion, Not Actionable Libel

by Dorsey & Whitney LLP on

We have discussed here before new federal legislative protections that are in place to give consumers wide latitude to post online reviews of businesses, whether they be good or bad. A recent decision of the Appellate...more

District Court Invalidates Dietary Supplement Patents On Motion To Dismiss

by Foley & Lardner LLP on

The U.S. District Court for the Southern District of California invalidated several dietary supplement product and method patents as being directed to ineligible subject matter, even though they claimed products providing a...more

Mortgage Servicer’s Transfer Notice Violates FDCPA

Mortgage servicers need to carefully review their Transfer Notices when the debt is in default at the time of transfer. In an unpublished decision, the Eastern District of New York recently held that a “Notice of Servicing...more

Delaware Chancery Court Declines To Dismiss Challenges To Director Option Grants And Outside Investor Voting Agreement

by Shearman & Sterling LLP on

On June 28, 2017, Vice Chancellor Tamika Montgomery-Reeves of the Delaware Court of Chancery declined to dismiss purported derivative and direct stockholder claims for breaches of fiduciary duty against the directors of...more

Can Forcing A Company Into Bankruptcy Be An Unfair Or Deceptive Trade Practice? Part 2

by Ellis & Winters LLP on

In a recent post, we examined the bankruptcy case of In re American Ambulette & Ambulette Service, Inc.—a case in which a trustee raised a novel theory of liability under N.C. Gen. Stat. § 75-1.1. The bankruptcy trustee...more

Delaware Law Updates - Delaware Court Of Chancery Upholds Continuous Ownership Rule In Dismissing Derivative Claims Of...

by McCarter & English, LLP on

In re Massey Energy Co. Deriv. & Class Action Litig., C.A. No. 5430-CB (Del. Ch. May 4, 2017), Bouchard, C. – The Delaware Court of Chancery granted the defendants’ motion to dismiss the complaint based on the continuous...more

Fantastic Beast Sighting in the District of Massachusetts—Motion to Strike Allowed

In PetEdge, Inc. v. Yahee Technologies Corp., PetEdge accused Yahee of infringing U.S. Patent No. 7,621,236 (the “’236 patent”), which is entitled “Folding Pet Ramp and Steps.” PetEdge designs, makes, and sells merchandise...more

Commercial Division Flags Novel Issue of Reasonable Reliance In LLC Member Battle

In PMC Aviation 2012-1 LLC et al. v. Jet Midwest Group, LLC et al., No. 654047/2015, BL221447 (Sup. Ct. Jun. 21, 2017), Commercial Division Justice Shirley Kornreich denied a motion to dismiss a fraudulent inducement claim by...more

Court Overreaches in Requiring Medical Necessity Determination by Labs

by Jones Day on

On June 9, 2017, the U.S. District Court for the District of Columbia denied a motion to dismiss brought by a laboratory in U.S. ex rel. Groat v. Boston Heart Diagnostics Corp., 2017 WL 2533341. Part of the grounds for...more

Website Accessibility Update: California Federal Court Denies Hobby Lobby’s Motion to Dismiss

by Bryan Cave on

Another website accessibility decision against a retailer, this time involving Hobby Lobby Stores, Inc. in the Central District of California, highlights the uncertainty of the law and of litigating such cases while courts...more

Massachusetts Courts Issue Key Decisions Concerning Zoning and Anti-SLAPP Law

by Goulston & Storrs PC on

Massachusetts Supreme Judicial Court Makes it Harder to Dismiss Lawsuits by Utilizing the “Anti-SLAPP” Statute - In Blanchard v. Steward Carney Hospital, SJC-12141 (May 23, 2017) (Slip Op.) the Massachusetts Supreme...more

Forum Selection Clause in Broker Agreement Insufficient to Confer Personal Jurisdiction

by Farrell Fritz, P.C. on

The Second Department recently handed down a harsh reminder of the importance of obtaining an executed broker’s agreement.  Oral agreements for broker fees are apt to run afoul of the statute of frauds, and personal...more

Three Point Shot - June 2017

by Proskauer Rose LLP on

"12th Man" Suit Forces Aggies to Call an Audible on Traditional Copyright Defenses - Texas A&M University's "12th Man" is at the center of a legal blitz facing the University's Athletic Department. On January 19, 2017,...more

Delaware Supreme Court Affirms Dismissal Of Disclosure Claim Based On Subsequent Employment Of Special Committee Chair By Legal...

by Shearman & Sterling LLP on

On June 15, 2017, the Supreme Court of Delaware affirmed dismissal of a putative stockholder class action alleging breach of fiduciary duty by the directors of Blount International, Inc. (“Blount”) and aiding and abetting...more

Alleged FCRA “Informational Injury” Survives Motion To Dismiss

by King & Spalding on

On June 16, 2017, the U.S. District Court for the District of New Jersey—in Muir v. Early Warning, 2:16-cv-00521(SRC)(CLW), 2017 WL 2616890, at *1 (D.N.J. June 16, 2017)—denied a motion to dismiss that argued that a...more

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Cybersecurity

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