Pleading Standards

News & Analysis as of

You Could Lose More Than Just Customers: Why You Should Lock Up to Crack Down on Cyber Risks

The most searched word around the office is “cybersecurity”. This year promises to hear myriad cases centered on this suddenly-forefront topic. The issue of security for virtual information has been around for years, but with...more

IP & Technology Newsletter: Winter 2016

In today’s business world, protecting trade secrets is of vital importance. A trade secret is anything which gives a company a competitive advantage and is kept confidential, including a design, formula, manufacturing...more

Is "Plausibility" a Rorschach Test? The Fourth Circuit's Divided Opinion on Twombly's Motion to Dismiss Standard

A recent Fourth Circuit cases demonstrates the inherently subjective nature of the "plausibility" standard used to evaluate a motion to dismiss under Rule 12(b)(6). This standard, first articulated by the Supreme Court in...more

Supreme Court Revisits Stock Drop Fiduciary Standards

In Amgen v. Harris, the Supreme Court for the second time considered whether the plan participants sufficiently stated a claim against the plan fiduciaries for breach of fiduciary duty under ERISA by continuing to provide...more

The Supreme Court Meant What It Said On Employer Stock Funds

On January 25, 2016, in Amgen, Inc. v. Harris, 2016 WL 280886, the Supreme Court sent a strong message to the lower courts, plaintiffs and ERISA fiduciaries that pleading standards for breach of fiduciary duty prudence claims...more

Texas Federal Court Rejects Insured’s Attempt To Destroy Diversity By Naming Adjuster As Defendant

The insured in Patel v. Acceptance Indem. Ins. Co., No. 4:15-CV-944-A, 2016 U.S. Dist. LEXIS 10300 (N.D. Tex. Jan. 28, 2016), alleged that Acceptance Indemnity Insurance Company and its adjuster, Charles Payne, did not fully...more

Intellectual Property 2015 Year In Review

Introduction - As discussed in greater detail below, there were a number of notable developments in intellectual property law in 2015. Patent eligibility challenges to the validity of software, business methods, and...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

Supreme Court Rejects ERISA Stock-Drop Complaint for Failing Dudenhoeffer Pleading Standards

Earlier this week, the Supreme Court emphatically reversed the Court of Appeals for the Ninth Circuit in an ERISA stock-drop lawsuit. The Supreme Court concluded that the Ninth Circuit failed to properly apply the rigorous...more

Northern District of California Moves Quickly in Response to Rules Change to Apply Full Weight of Twombly and Iqbal to Patent...

Last month, the U.S. District Court in the Northern District of California ruled that the Federal Circuit’s somewhat bare pleading standard for direct patent infringement is no longer sufficient following recent amendments to...more

Court Of Chancery Requires Dismissal With Prejudice Of Withdrawn Derivative Suit

When, after full briefing, the plaintiff decides that he cannot meet the heightened pleading rules of the recent Cornerstone case, may he just walk away without prejudice to his right to sue again later or must the suit be...more

Changes to Federal Rules of Civil Procedure Affecting Patent Litigation

On December 1, 2015, various amendments to the Federal Rules of Civil Procedure (“Federal Rules”) went into effect. Several rule changes are already having a significant effect on litigation in general, and patent litigation...more

D.Mass. Invokes Public Disclosure Bar, Demands Specificity, and Refuses to Second-Guess FDA in Dismissing Axium/Onyx Qui Tam Case

It’s not as if the standard for amending pleadings is a particularly hot DDL topic, but here we go for the second time this week discussing a case where precisely that was at issue. This time the case was U.S. ex rel....more

D.Mass. Invokes Public Disclosure Bar, Demands Specificity, and Refuses to Second-Guess FDA in Dismissing Axium/Onyx Qui Tam Case

It’s not as if the standard for amending pleadings is a particularly hot DDL topic, but here we go for the second time this week discussing a case where precisely that was at issue. This time the case was U.S. ex rel....more

District Court Explains Caremark Proof Requirements In Pleading

To meet the pleading requirements to state a Caremark claim it is necessary that you show either the board ignored signs of wrongdoing or at least took no steps to prevent such wrongdoing. This decision contains an excellent...more

Connecticut Court Clarifies SOX Whistleblower Pleading Standard

On December 15, 2015, the District of Connecticut refused to dismiss a SOX whistleblower retaliation claim, ruling that: (1) the heightened Rule 9(b) pleading standard for fraud claims does not apply to SOX whistleblower...more

Reform Act Report Card: The Private Securities Litigation Reform Act, 20 Years Later

In 2015, the Private Securities Litigation Reform Act* turned twenty years old. Over my career as a securities litigator, I’ve seen both sides of the securities-litigation divide that the Reform Act created. In the...more

The Year in Review

As 2015 comes to a close, we thank you, our readers, for your interest and support. When we started this blog, we sensed that businesses, judges, and lawyers had a watchful eye on N.C. Gen. Stat. § 75-1.1. Thank you for...more

Changes to Federal Rules to affect patent infringement pleadings

Patent owners and businesses should be prepared for yet another change to patent infringement litigation. In April 2015, the U.S. Supreme Court adopted Congress’s amendments to the Federal Rules of Civil Procedure, which went...more

Intellectual Property Alert: Heightened Patent Pleading Standard, Discovery Proportionality, and Other Recent Amendments to the...

Amendments made by the Supreme Court to the Federal Rules of Civil Procedure (Rules) took effect December 1, 2015. The amendments fundamentally change litigation in federal courts, including heightening the standard for...more

Intellectual Property Alert: Revised Federal Rules of Civil Procedure Abrogate Rule 84 and Eliminate Appendix of Forms

The revised Federal Rules of Civil Procedure contain changes that may impact patent litigation at the district court level. The revised rules went into effect on December 1, 2015. The revised rules were approved by the United...more

Summary of December 2015 Amendments to the Federal Rules of Civil Procedure

Amendments to the Federal Rules of Civil Procedure ("Rules") that took effect on December 1, 2015, are expected to impact numerous aspects of civil litigation, including service of process, discovery (including electronically...more

The Most Important Principles of Delaware Corporate Law Can’t Be Found In the DGCL

I have often observed that you can read every section of the Delaware General Corporation Law and learn almost nothing about Delaware corporate law.  Here are three of the most fundamental principles of Delaware corporate law...more

When are Supervisors Liable for the Actions of Subordinates in Federal Civil Rights and Police Liability Cases?

In Federal civil rights actions under 42 U.S.C. § 1983, supervisors are frequently named as defendants, even in circumstances were the supervisor was not directly involved or did not even have knowledge of the actions of the...more

Blog: The House Always Wins: Seventh Circuit Broadly Applies “Good Faith” Defense Under Section 550(b)(1) to Fraudulent Transfer...

The Court of Appeals for the Seventh Circuit recently issued a decision which may give a trump card to fraudulent transfer defendants seeking to use the “good faith” defense under the Bankruptcy Code’s recovery provision....more

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