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Motion to Dismiss Federal Rules of Civil Procedure

Foley & Lardner LLP

Federal Court Holds That Franchisee’s Owner Can Be Individually Bound by Franchise Agreement

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In Alamo Intermediate II Holdings, LLC. v. Birmingham Alamo Movies, the U.S. District Court for the Western District of Texas, denied franchise owner Hunter Renfroe’s motion to dismiss for lack of personal jurisdiction. The...more

Foley & Lardner LLP

Some Judges Have — Naturally — Grown Skeptical of False Advertising Class Actions Challenging “Natural” Labels

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Among recent trends in consumer product false advertising class actions has been the rise in cases alleging false advertising for products touting ingredients as “all natural” or “100% natural.” These lawsuits often point to...more

Dechert LLP

Dechert Re:Torts - Issue 15

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Previous editions of Re:Torts (It’s (Still) Important Enough to Get It Right; Opioid Public Nuisance Question) have covered decisions that addressed whether various states permit public nuisance claims in connection with the...more

Willcox & Savage

Court Dismisses Most Claims In Two AI Copyright Cases

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The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v....more

Goldberg Segalla

Gasket Manufacturer’s Motion to Dismiss on Personal Jurisdiction Granted

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Court: United States District Court for the District of Massachusetts - Plaintiffs Robert and Judith Gillis of Massachusetts filed this action against numerous defendants in Massachusetts state court, alleging the defendants...more

American Conference Institute (ACI)

[Event] Drug & Medical Device Litigation - December 5th - 6th, New York, NY

Hosted by American Conference Institute, the 28th Annual Conference on Drug & Medical Device Litigation returns for another exciting year with curated programming and networking opportunities with 400+ industry...more

Tucker Arensberg, P.C.

Federal Court Rules That Plaintiff’s Claims of Sex Discrimination Against a School District Were Sufficiently Pled

Tucker Arensberg, P.C. on

Colavecchia v. South Side Area Sch. Dist., No. 2:22-CV-01804-CCW, 2023 U.S. Dist. LEXIS 70461 (W.D. Pa. April 21, 2023). The United States District Court for the Western District of Pennsylvania denied South Side Area School...more

Patton Sullivan Brodehl LLP

LLC is Not an “Indispensable Party” to Direct Claims Between LLC Members

In litigation, the plaintiff must include as parties to the action all persons or entities whose interests are so directly involved that the court cannot render a fair adjudication in their absence.  If the plaintiff fails to...more

Husch Blackwell LLP

False Claims Act Update: A Mid-Year Review (2023)

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The Supreme Court issued a number of headline-grabbing decisions this term on topics like religious accommodation, LGBTQ protections, and consideration of race in college admissions. These decisions are wide-reaching and...more

Zuckerman Spaeder LLP

The Supreme Court Confirms the Government’s Essentially Unfettered Authority to Dismiss False Claims Act Cases

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On Friday, June 16, 2023, I (sort of) lost my bet that the Supreme Court would follow the path charted in Borzilleri v. Bayer Healthcare Pharmaceuticals, 24 F.4th 32 (1st Cir. 2022) to determine the government’s False Claims...more

Holland & Knight LLP

U.S. Supreme Court Rules on False Claims Act Dismissals

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The U.S. Supreme Court ruled in U.S. ex rel. Polansky that the federal government has the authority to dismiss a False Claims Act (FCA) suit at any stage of litigation, even over a relator's objections, so long as the...more

Morrison & Foerster LLP

Supreme Court: U.S. Government Has Broad Discretion to Dismiss False Claims Act Suits

On June 16, 2023, the Supreme Court issued a decision in United States ex rel. Polansky v. Executive Health Resources, Inc., giving the United States government broad power to dismiss qui tam FCA lawsuits even when it has...more

BakerHostetler

SCOTUS Majority Affirms the DOJ's Ability to Dismiss Whistleblower Cases Under the False Claims Act - But Dissent Raises Suspicion...

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On June 16, 2023, the United States Supreme Court issued an 8-1 decision in the case of United States, ex rel. Polansky v. Executive Health Resources, Inc., which held that the Department of Justice (DOJ) can move to dismiss...more

Cozen O'Connor

It’s (Not) About Time - Government May Move to Dismiss FCA Suit at Any Point During its Pendency

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On Friday, June 16, 2023, the United States Supreme Court (SCOTUS or the Court) upheld prior decisions by the trial court and Third Circuit in U.S. ex rel. Polansky v. Executive Health Resources, Inc. Polansky involves the...more

Stevens & Lee

Supreme Court Grants Government Broad Dismissal Rights in Qui Tam Cases

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The U.S. Supreme Court, in an 8-1 decision written by Justice Kagan, held on June 16 that the United States (“Government”), having initially chosen not to intervene in a False Claims Act (“FCA”) qui tam case, but having...more

Epstein Becker & Green

The United States Is the FCA Party in Interest, Not the Relator – SCOTUS Today

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It should come as no surprise to constitutionalists, practitioners under the Federal False Claims Act (31 U.S.C. §§3729–3733) (FCA), and auditors of the oral argument in the case that the Supreme Court has held that the...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 208: Listen and Learn -- Motions to Dismiss a Case

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Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing the Federal Rules of Civil Procedure, and specifically Rule 12(b), which governs defenses and motions to dismiss,...more

Weintraub Tobin

District Court Finds Use of a Method to Manufacture a Product Does Not Indirectly Infringe a Patented Method to Design A Product

Weintraub Tobin on

In Bell Semiconductor, LLC v. Omnivision Technologies, Inc., 8-22-cv-01979 (CDCA Mar. 1, 2023)( John A. Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for...more

Snell & Wilmer

Federal Circuit Holds Patent Venue Decision Based on Remote Workers Did Not Warrant Mandamus Relief

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The Federal Circuit recently denied a mandamus petition seeking relief from a district court order denying a motion to dismiss a patent case for improper venue under 28 U.S.C. § 1400(b). Bel Power Solutions, Inc. sued...more

Womble Bond Dickinson

Delaware Court Denies Motion to Dismiss NPE’s Direct Infringement Claims Despite Sparse Allegations

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The number of Non-Practicing Entities (NPE) cases has increased in Delaware by almost 10% over the last year. If you or a client finds yourself the target of an NPE patent litigation suit, the next question is usually what...more

Holland & Knight LLP

"Shadow Trading" Case Survives Defendant's Motion to Dismiss

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The U.S. District Court for the Northern District of California in SEC v. Panuwat, a case we discussed in a previous blog as having significant repercussions for insider trading enforcement in fiscal year (FY) 2022, just...more

Dorsey & Whitney LLP

Influenced by Social Media Marketing, the Ninth Circuit finds Personal Jurisdiction over Foreign Defendant under Federal Rule...

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In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum...more

Goodwin

SCOTUS Grants Certiorari to Decide Whether Automatic Discovery Stay Applies to Securities Act Cases in State Court

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SCOTUS Grants Certiorari to Decide Whether Automatic Discovery Stay Applies to Securities Act Cases in State Court; Delaware Court of Chancery Dismisses Stockholder Suit Against FedEx for Failure to Make Pre-Litigation...more

Epstein Becker & Green

Alston v. Spiegel: A Reminder That Sanctions May Provide Employers with a Tool to Deter Frivolous Suits

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The Federal Rules of Civil Procedure are intended to promote the “just, speedy, and inexpensive determination” of lawsuits. For companies defending baseless employment claims, those words may feel like an empty promise. The...more

BCLP

Seventh Circuit Weighs in on Circuit Split and Concludes that Courts Cannot Grant Rule 12(b)(6) Motions to Dismiss Solely Because...

BCLP on

In Marcure v. Lynn, --- F.3d ---, 2021 WL 1138110 (Mar. 25, 2021), the Seventh Circuit joined six of its sister circuits (and split from two others) in concluding that Federal Rule of Civil Procedure 12(b)(6) prevents courts...more

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