Motion to Dismiss

News & Analysis as of

Recommendation That Certain Claims Be Dismissed As Patent Ineligible; Motion May Be Renewed Later

Burke, M.J. Magistrate recommends that defendants’ motion to dismiss for failure to state a claim based upon section 101 unpatentable subject matter be granted in part and denied in part. Briefing was completed on March 2,...more

United States District Court Pushes Back Against Government in North Carolina Asset Forfeiture Case

In May of last year we highlighted the decision by the United States Attorney for the Eastern District of North Carolina to dismiss a forfeiture case he’d brought against Lyndon McLellan, the owner of a small convenience...more

Rodeo Associations Fail to Wrangle Each Other in First Round of Antitrust Class Action: District Court Denies Plaintiffs’...

An upstart rodeo association, created and owned by professional rodeo cowboys, challenged that its competitor’s bylaws aimed at the new association and its participants constituted agreements that unreasonably restrain trade...more

Jurisdictional Discovery Is Ordered Following Motion To Dismiss For Lack Of Personal Jurisdiction

DNA Genotek Inc. v. Spectrum DNA, et al., C.A. No. 15-661 - SLR, February 4, 2016. Robinson, J. Defendants’ motion to dismiss for lack of personal jurisdiction is denied without prejudice to renew. Plaintiff’s motion...more

Do Your Assignment of Benefits Clauses Need a Check-up? Recent Southern District of Florida Decision Highlights the Importance of...

A frequently litigated issue in reimbursement cases brought by in- and out-of-network healthcare providers against insurers under the Employee Retirement Income Security Act of 1974 (“ERISA”) is provider standing. Because...more

Monkey Business: A Primate Can’t Claim Copyright in Selfies

Order Granting Motions to Dismiss, Naruto, et al. v. Slater, et al., Case No. 15-cv-04324-WHO (Judge William Orrick) - Are photographic “selfies” a uniquely human conceit? Parties in a Northern District copyright lawsuit...more

Judge Mostly Denies Deutsche Bank National Trust Co.’s Motion to Dismiss in RMBS Class Action

On February 3, Judge Alison Nathan of the United States District Court for the Southern District of New York largely denied Deutsche Bank National Trust Co.’s (the “Trustee’s”) motion to dismiss in a proposed class action...more

D.C. Circuit Rules Anti-SLAPP Law Inapplicable in Federal Court, Highlighting Need for Federal Anti-SLAPP Law

In April, the D.C. Circuit held that the District of Columbia anti-SLAPP statute does not apply in a federal court diversity case because “Federal Rules 12 and 56 answer the same question as the anti-SLAPP Act’s special...more

A Couple Of Things Not To Do In The NC Business Court

The NC Business Court's decision last month in Krawiec v. Manly, 2016 NCBC 7, illustrates a couple of things not to do in the Court. Don't Make "Aiding and Abetting" Claims - The Plaintiff made a claim against some...more

CFPB Argues Statute of Limitations Not Applicable in Certain UDAAP Actions

On January 15, 2016, the CFPB filed a brief opposing a motion to dismiss in the Matter of Integrity Advance, LLC (“Integrity”) asserting that there is no time bar for certain CFPB actions under its UDAAP authority. The...more

Michaels Crafts Successful Motion to Dismiss in Data Breach Case

Plaintiffs continue to battle for standing in data breach cases, and another federal court recently added to a growing body of decisions helpful to companies who find themselves on the receiving end of a lawsuit after falling...more

SCOTUS Meant What It Said & Said What It Meant: Dudenhoeffer Imposes Higher Pleading Standards

In a rebuke to the Ninth Circuit, the Supreme Court granted the Amgen defendants’ petition for certiorari, reversed the Ninth Circuit’s judgment and remanded the case for further proceedings consistent with its opinion in the...more

Going Back to 2011? CFPB Asserts No SOL for Administrative UDAAP Actions

On January 15, 2016, the Consumer Financial Protection Bureau (“CFPB”) Office of Enforcement (“Enforcement”) asserted that claims pursued in administrative enforcement actions are not subject to the three-year statute of...more

Simmons v. Stanberry - USCA, Second Circuit, January 15, 2016

Second Circuit affirms dismissal of infringement suit over hip-hop beat in 50 Cent song "I Get Money" after holding plaintiff's claim constituted dispute over ownership of copyright that was time-barred by Copyright Act's...more

Reed Smith Clients Vindicated – Illinois Circuit Court Grants Motion to Dismiss in Qui Tam Winery Cases

On January 20, 2016, Judge Thomas Mulroy of the Cook County Circuit Court in Chicago granted the Illinois Attorney General’s Motions to Dismiss numerous qui tam cases brought against California wineries, 17 of which are...more

UPDATE: Challenges to Standing of Petrobras Opt-Out Plaintiffs Denied

As a follow-up to our October 15 discussion about challenges to the standing of certain opt-out plaintiffs in the In re Petrobras Securities Litigation, No. 14-cv-9662 (S.D.N.Y.) consolidated litigation, Judge Rakoff has...more

ESG Capital Partners v. Passport Special Opportunities Master Fund, C.A. No. 11053-VCL (Del. Ch. Dec. 16, 2015) (Laster, V.C.)

In this memorandum opinion, the Court of Chancery granted in part and denied in part defendants’ motion to dismiss a complaint seeking declaratory relief in which plaintiffs alleged that certain investors in ESG Capital...more

Shutterfly biometrics case proceeds in Illinois

In what is being described as the first case in the U.S. regarding a state biometric privacy statute, a proposed class was successful in thwarting a motion to dismiss by Shutterfly last week over its alleged practice of...more

FLSA Settlements Continue to Draw the Attention of Courts

Last month we wrote a post concerning the National Labor Relations Board’s (“NLRB”) rejection of a seemingly standard settlement agreement resolving, among other things, Fair Labor Standards (“FLSA”) claims. Since then, FLSA...more

Shaev v. Adkerson, C.A. No. 10436-VCN (Del. Ch. Oct. 5, 2015) (Noble, V.C.)

In this memorandum opinion, the Court of Chancery granted defendants’ motion to dismiss plaintiff’s claims that in granting one million restricted stock units, defendants, the board of directors of a corporation, violated its...more

Bids To Dismiss Under Alice And To Transfer Fail

Plaintiff is a Delaware corporation that sells its products in various states but it is not its “home turf.” There is litigation between the parties ongoing in Utah. Since defendant sold accused products in Delaware, it may...more

Court tells Brooklyn Artist to “Fugetaboutit” on Her Copyright Claims against Starbucks

Maya Hayuk is a Brooklyn artist known for her vivid murals that use a variety of geometric shapes punctuated by bright hues and layers of dripping paint. In June of 2015, Hayuk filed a complaint against Starbucks on copyright...more

Prairie Capital III, L.P v. Double E Holding Corp., C.A. No. 10127-VCL (Del. Ch. Nov. 24, 2015) (Laster, V.C.)

In this decision, the Delaware Court of Chancery granted in part and denied in part a motion to dismiss claims for fraud, aiding and abetting fraud, and conspiracy to commit fraud arising out of the acquisition of a private...more

Don’t Get On the Wrong Side of Taylor Swift in a Copyright Case!

Taylor Swift has been in the news a lot over the last year or so. She is phenomenally successful. Her hit album “1989” concert tour was the highest grossing tour in the world in 2015 (over $250 million) and the highest...more

RMBS Claims Against Bank of New York Mellon Remain in Federal Court

On December 18, Judge William Pauley III of the U.S. District Court for the Southern District of New York denied Bank of New York Mellon’s motion to dismiss RMBS claims regarding fourteen trusts and one indenture trust for...more

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