Motion to Dismiss

News & Analysis as of

API Manufacturers Are Not Proper Defendants In Hatch-Waxman Actions

A district court judge in New Jersey recently granted an API supplier’s motion to dismiss claims filed against the supplier in an ANDA suit, raising questions about whether an API supplier belongs as a defendant in these...more

Appropriate Cautionary Language Leads to Dismissal of Investor’s Securities Fraud Suit

A California district court recently dismissed Mellanox Technologies Ltd. investors’ claims that the company made false statements about both its prominence in the interconnect market and its revenue and growth prospects. The...more

Ineffective Motions to Dismiss Erode the Power of the Reform Act

In 1995, public companies and their directors and officers received one of the greatest statutory gifts in the history of American corporate law: the Private Securities Litigation Reform Act. The Reform Act established...more

Appellate Court Notes - Week of March 19

AC35167 - Perugini v. Giuliano: Pro se husband sued his ex-wife’s lawyers claiming violation of the RPC and intentional infliction of emotional distress for failure to disclose the attorney’s past representation of the...more

Unsuccessful Summary Judgment Motion to Dismiss Non-Earner Benefits

The Court has rendered another decision in relation to a Summary Judgment Motion brought by an Insurer to dismiss a Plaintiff’s claim for non-earner benefits....more

SEC Prevails In Tenth Circuit

The SEC prevailed in the Tenth Circuit Court of Appeals, securing a reversal of the district court’s order granting a motion to dismiss its complaint. The central issue in the case was if instruments which claimed to be...more

Motion to Dismiss Granted in Part in Repurchase Suit Against BofA, Countrywide

On February 13, Justice Eileen Bransten of the Supreme Court of the State of New York dismissed in part a second amended complaint filed by U.S. Bank as trustee for HarborView Mortgage Loan Trust, Series 2005-10. As in its...more

Possibility Of Future Harm Allows Sony Data Breach Plaintiffs To Survive Motion To Dismiss

Courts Split Over Impact of Supreme Court Decision - The Southern District of California last month let 8 out of 51 claims survive in a putative class action arising out of the 2011 breach of the Sony PlayStation...more

OTK Associates, LLC v. Robert Friedman, et al., C.A. 8447-VCL (Del. Ch. Feb. 5, 2014) (Laster, V.C.)

In this opinion, the Court of Chancery denied in substantial part motions to dismiss claims arising out of a since-abandoned restructuring transaction between Morgans Hotel Group Co. and its largest investor, Yucaipa...more

Judicial Notice of FDA Website Documents Can Be a Powerful Lever in a Medical Device Manufacturer’s Motion to Dismiss

A motion to dismiss can be a powerful tool in the hands of medical device companies to eliminate cases that should be dismissed from the outset on preemption grounds, before engaging in costly discovery. Oftentimes, however,...more

Appellants file briefs with D.C. Circuit in State National Bank of Big Spring

Briefs were filed last week by the “private” and “state” appellants in State National Bank of Big Spring, Texas, et al. v. Lew, et al., the case on appeal to the U.S. Court of Appeals for the D.C. Circuit that includes a...more

Warning: Illinois Courts Will Not Abide By Sales Tax Audit Results

In rulings in two of the more than 200 recent Illinois False Claims Act ("FCA") cases, the Circuit Court of Cook County (i) denied a motion by the retailer/defendant seeking a dismissal of the complaint and (ii) granted the...more

Alabama Federal Court Ruling May Enable Borrowers with Tenants To Challenge Foreclosures

A recent decision from the U.S. District Court for the Northern District of Alabama may provide borrowers who rent portions of their property to tenants with an avenue for challenging a foreclosure. The court's analysis...more

Potter Voice v. Apple: Claims for Willfulness Survive Motion to Dismiss Where Siri Inventors Allegedly Knew of Patent Prior to...

Potter Voice filed a patent infringement action against Apple, alleging infringement of U.S. Patent No. 5,729,659 (the '659 patent) through Apple products containing Siri. In 2010, Apple acquired a corporation called Siri,...more

New York Appellate Court Orders Dismissal of Repurchase Claims Against DB Structured Products as Time-Barred

On December 19, the Appellate Division, First Department of the New York Supreme Court held that repurchase claims brought by an RMBS trust against DB Structured Products were barred by the statute of limitations, reversing...more

Allegations Regarding Third-Party Beneficiary Issues and Alter-Ego Status Belong in the First-Filed Venue - Futurewei...

Addressing an appeal of a dismissed action filed second-in-time, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s ruling on defendants’ motion to dismiss, finding that additional, related claims for...more

Legal Alert: Cost of Insurance Litigation – Insurers Retain Discretion to Set COI Rates in Two Key Victories

In the first federal appellate decisions addressing cost of insurance (COI) charges in life insurance policies, the Seventh Circuit Court of Appeals handed two victories to insurers in opinions issued December 13, 2013. In...more

Goldman Sachs Motion to Dismiss RMBS Fraud Suit Granted in Part, Denied in Part

On November 26, Justice Melvin Schweitzer of the New York Supreme Court granted in part and denied in part Goldman Sachs’s motion to dismiss a lawsuit brought by HSH Nordbank. Justice Schweitzer dismissed claims arising out...more

Discrimination Claim—Based on Association to Disabled Relative—Survives Dismissal Request

In Rope v. Auto-Chlor System of Washington, Inc., plaintiff Scott Rope, a former branch manager for Auto-Chlor, sued his employer for violation of the newly-enacted Michelle Maykin Memorial Donation Protection Act,...more

Invitae Files Motion to Dismiss for Lack of Personal Jurisdiction in Myriad Genetics v. Invitae Corp.

It is often to a patentee plaintiff's strategic advantage to file suit in the district in which it resides, to obtain whatever "home court" advantage may attach to that venue. Myriad's choice of filing its post-Supreme Court...more

Appellate Court Notes - Week of December 13

AC34918 - Cuozzo v. Orange - AC34918 Dissent - Cuozzo v. Orange - This is a case where a little more effort should have gone into a Motion to Dismiss. The Appellate Court held that the Trial Court improperly...more

Second Circuit Affirms Dismissal of Untimely CDO Claims against Merrill Lynch

On November 21, the Court of Appeals for the Second Circuit affirmed the dismissal of a suit brought by South Korea‘s Woori Bank against Merrill Lynch & Co., Inc. and Bank of America Corp. on statute of limitations grounds....more

Motion to Dismiss Granted in Part in J.P. Morgan and WMC RMBS Trust Suit

On November 22, Justice Shirley Werner Kornreich of the Supreme Court of the State of New York partially dismissed a putback action brought by the trustee for the J.P. Morgan Mortgage Acquisition Trust 2006-WMC4 against J.P....more

Three Takeaways From The DC Circuit’s Farah v. Esquire Decision

The DC Circuit’s decision in Farah v. Esquire Magazine turned out to be a dud from an anti-SLAPP perspective. The court affirmed the district court’s dismissal of Farah’s Complaint, but did so under Rule 12(b)(6), thus...more

New York Federal Court Denies Reinsurer’s Motion to Dismiss Action Seeking Appointment of Arbitrator

Utica Mut. Ins. Co. v. Emp’rs Ins. Co., No. 6: 12-CV-1293 (N.D.N.Y. Sept. 26, 2013). A New York federal court denied a reinsurers’ motion to dismiss the cedent’s complaint in a case where the cedent sought a...more

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