Motion to Dismiss

Updated Version "The Texas Anti-SLAPP Statute: Issues for Business Tort Litigation," by Mark C. Walker, 7th Annual Bill of Rights...

In this issue: - Table Of Contents - Table Of Authorities - I. Introduction. - II. Texas Citizens Participation Act: What is it? - A. Background and Enactment of the TCPA. - 1....more

Involuntary Bankruptcy Petitions Dismissed Where Alter Ego Status Was Disputed

The United States Bankruptcy Court for the Southern District of New York granted motions to dismiss involuntary Chapter 7 petitions filed against TPG Troy LLC and T3 Troy LLC (the Troy Entities). Petitioners filed numerous...more

Mississippi District Court Defers to New York Court in Bond Action

The United States District Court for the Northern District of Mississippi denied the motion of defendant ACA Financial Guaranty Corporation (ACA) to dismiss a class action complaint, finding that the issues were previously...more

In re LIBOR-Based Financial Instruments Antitrust Litigation: A Long Road Ahead

In a self-described “unexpected” ruling for the defendants in the consolidated LIBOR proceedings, Judge Naomi Reice Buchwald has dismissed the private plaintiffs’ antitrust and Racketeer Influenced and Corrupt Organizations...more

Fast Five - Rhode Island Appellate Practice: May 2013

Rhode Island Appellate Practice - Welcome to the Fast Five on Rhode Island Appellate Practice, which provides five periodic updates on Rhode Island appellate law and pointers for practice before the Rhode Island...more

District Court Denies Countrywide’s Motion to Dismiss AIG Suit

On May 6, Judge Mariana Pfaelzer of the United States District Court for the Central District of California allowed American International Group, Inc. (AIG) to proceed with several of its claims against Bank of America and...more

District Court Denies Banks’ Motions to Dismiss Litigation Concerning Role of MBS Trustees

On May 6, Judge Katherine Forrest of the United States District Court for the Southern District of New York denied Bank of America and U.S. Bank’s motions to dismiss an action relating to their roles as trustees of Washington...more

Novel “Bad Faith Admission” EMTALA Theory Survives Motion to Dismiss

The U.S. District Court for the Northern District of California recently denied Contra Costa Regional Medical Center’s (CCRMC) motion to dismiss regarding an alleged violation of the Emergency Medical Treatment and Labor Act...more

City May Not Use “Anti-SLAPP” Motion to Dismiss Claim That City Employee Falsely Told Potential Tenants That Property Owner Was...

Property owners often bristle at statements that local government staff make to prospective tenants or purchasers of their property, concerned that they will be scared away by overly harsh or inaccurate speech. When those...more

Court Denies Goldman Sachs’s Motion to Dismiss RMBS Action Brought by Prudential

On April 9, Judge Susan Wigenton of the U.S. District Court for the District of New Jersey denied Goldman Sachs’s motion to dismiss Prudential’s complaint alleging fraud in connection with the sale of $375 million in RMBS. ...more

Second Circuit Affirms Denial of UBS’s Motion to Dismiss FHFA Complaint

On April 5, the United States Court of Appeals for the Second Circuit affirmed the decision of the district court denying UBS’s motion to dismiss the complaint brought by the FHFA. FHFA sued UBS as conservator of Fannie Mae...more

Recent Federal Court Rulings Reaffirm Broad Supersession of Common Law Claims under California's Uniform Trade Secrets Act

Last month, two federal district courts reaffirmed that litigants may not plead around California's Uniform Trade Secrets Act (UTSA) by alleging common law tort claims said to protect business information that does not...more

Delaware Supreme Court’s Decision in Allergan Won’t Fix the Problem of Multi-Jurisdictional Shareholder Litigation

On April 4, 2013, in the Allergan decision, the Delaware Supreme Court reversed the Court of Chancery’s ruling last year that the dismissal of a shareholder derivative action in California did not preclude other stockholders...more

Tax Court Of Canada Appeal Of Large Corporation Thwarted By Wording Of Objection

Since 1995, the Large Corporation Rules found in subsections 165(1.11), 169(2.1) and 152(4.4) of the Income Tax Act (Canada) have applied to discourage large corporations from objecting to tax assessments as a means of...more

Southern District Rejects Evidence from "Confidential Witnesses" as Basis for Securities Class Action

A securities class action lawsuit against Canadian Solar, Inc. (CSI) was recently dismissed in the US District Court for the Southern District of New York for failing to adequately plead the required elements of a federal...more

The Ropes Recap: Mergers & Acquisitions Law News

In this issue: *News from the Courts - Refinement re “Don’t Ask, Don’t Waive” Standstill Agreements - Proposed Delaware “Medium-Form Merger” To Create an Alternative to Top-Up Options - Court Rejects...more

Court Denies in Part Motions to Dismiss FHFA’s Claims Against Countrywide and Various Underwriters

On March 15, Judge Mariana Pfaelzer of the United States District Court for the Central District of California denied in part motions to dismiss brought by Countrywide, various individuals and various underwriters in...more

Flawed Confidential Witness Allegations: A Crucial Issue in Securities Class Action Litigation

The recurring and pervasive problem of flawed confidential witness (“CW”) allegations tops my list of the key issues in securities class action litigation.* I don’t mean just notorious situations such as those recently at...more

Boarding School Review, LLC v. Delta Career Education Corp.

Order GRANTING Plaintiff's Motion to Dismiss Pursuant to FRCP 12(b)(6)

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Carsanaro, et al. v. Bloodhound Tech., Inc. et al., C.A. No. 7301-VCL (Del. Ch. Mar. 15, 2013) (Laster, V.C.)

In this Opinion, the Court of Chancery denied, in large part, defendants’ motion to dismiss plaintiffs’ claims challenging several allegedly self-interested and dilutive transactions....more

Trial Court Could Look Beyond Four Corners of Complaint To Dismiss Case Based on Forum Selection Clause

Plaintiff sued defendant for statutory and tort claims. Defendant moved to dismiss per Fla. R. Civ. P. 1.140 based on forum selection clause in contract signed with Plaintiff that governed all disputes between the parties....more

Patton Boggs Reinsurance Newsletter - March 2013: A Brief Review of Reinsurance Trends in 2012: Intermediaries

In Olympus Ins. Co. v. AON Benfield, Inc., No. 11-cv-2607(PJS/AJB), 2012 WL 1072334 (D. Minn. Mar. 30, 2012), a Minnesota federal court granted a motion to dismiss in favor of a reinsurance intermediary against a cedent. The...more

Trademark Review - Volume 3 | Issue 3 March 2013

In This Issue: • NY Yankees Establish Rights to a Mark Despite Never Using It • Walgreen Is Denied Registration of WAL-ZYR for its Product Equivalent to ZYRTEC • The Batmobile Escapes a Motion to Dismiss -...more

Zutrau v. Jansing, C.A. No. 7457-VCP (Del. Ch. Mar. 18, 2013) (Parsons, V.C.)

In this memorandum opinion, the Court of Chancery denied a motion to dismiss derivative and direct claims filed by a shareholder of ICE Systems, Inc. (“ICE” or the “Company”) against the Company’s president, sole director and...more

Judge Dismisses Some Claims, But BP Trial Goes On

U.S. District Judge Carl Barbier dismissed claims today against the contractor that supplied oil giant BP with drilling fluid, but denied most other dismissal requests from defendants in the civil trial over the Deepwater...more