Pleadings

News & Analysis as of

USPTO Announces Immediate Changes to AIA PTAB Page Limits

Responding to feedback from petitioners and patent owners, the USPTO disclosed a plan to revise the procedural rules governing post grant proceedings under the Leahy-Smith America Invents Act (“AIA”). USPTO Director Michelle...more

The US Supreme Court Clarifies When Issuers May Be Liable for Opinions Under the Securities Act: Omnicare, Inc. v. Laborers Dist....

The US Supreme Court’s decision in Omnicare, Inc. v. Laborers Dist. Council Constr. Indus. Pension Fund, Slip op., No. 13-435 (Mar. 24, 2015), held that issuers may sometimes be liable under Section 11 of the Securities Act...more

NC Business Court On A Barely Ever Referenced Rule Of Civil Procedure And A Host Of Employment-Related Claims

There are undoubtedly many of the Rules of Civil Procedure that you remember by number. Certainly Rules 12, 56, and 65. But Rule 10(b)? What does that even say?...more

Ellis v. OTLP GP, LLC, C.A. No. 10495-VCN (Del. Ch. Jan. 30, 2015) (Noble, V.C.)

In this letter opinion, the Court of Chancery denied plaintiffs’ motion to expedite certain contractual claims arising from the sale of a limited partnership after finding that the claims were not colorable. Plaintiffs were...more

Fortis Advisors LLC v. Dialog Semiconductor PLC, C.A. No. 9522-CB (Del. Ch. Jan. 30, 2015) (Bouchard, C.)

In this memorandum opinion, the Court of Chancery granted a motion to dismiss certain claims relating to a dispute over earn-out payments owed to the former equity holders of iWatt, Inc. (“iWatt”) following the sale of iWatt...more

Medical Monitoring For Soft Drink Purchasers: Not The Choice For This Generation

Those of us who have been paying at least marginal attention to developments in popular culture and product liability law—not necessarily the fanatical level of attention to these subjects paid by certain of our...more

TwIqbal is Good. Leave to Amend? Not So Much

It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness. Okay, fine. We are not Charles Dickens, but we have often commented on courts applying TwIqbal’s more exacting...more

Congress Takes Up Patent Litigation Reform – Innovation Act Reintroduced, Supreme Court Cases Examined

Congress v SCtPatent litigation reform has been on the U.S. House Judiciary Committee agenda, with the recent reintroduction of legislation seeking to address patent litigation abuses and a hearing examining recent U.S....more

Foster v. Lee - USDC, S.D. New York, February 25, 2015

Plaintiff Lelanie Foster, a freelance photographer, conducted a photo shoot for JJ Eyelashes, a business that produces silk eyelash extensions and owns several salons at which those eyelashes are made available for sale and...more

Oregon Court of Appeals Issues Decision Interpreting Antifraud Provisions of Oregon Securities Law

On February 11, the Oregon Court of Appeals issued an important decision interpreting the antifraud provisions of the Oregon Securities Law. The Court of Appeals held that ORS 59.137, which governs the private right of action...more

Federal Judge Strikes Class Allegations Pre-Certification and Discovery

Too many times a defendant is forced to foot the bill for costly discovery and motion practice before being able to successfully challenge class allegations. The recent decision in Bell v. Cheswick Generating Station, et al.,...more

Overclaiming in Trademark Applications: “Full Line of …”

In Ferring B.V. v. Fera Pharmaceuticals, LLC, the Eastern District of New York was called upon to determine the importance of the United States Patent and Trademark Office’s Trademark Manual of Examining Procedure (“TMEP”)...more

Ninth Circuit Requires Particularity In All Elements Of Securities Fraud Pleading

Sometimes, I find it useful to take a step back and review the legal standard applicable to securities fraud claims under Section 10(b) and Rule 10b-5. To stay in court, and securities litigation all about surviving motions...more

Employment Alert: Ninth Circuit Adopts Strict Pleading Requirement for FLSA Violation Claims

In Landers v. Quality Communciations, Inc., et al., No. 12-15890, published November 12, 2014 (Landers), the Ninth Circuit held it is not enough for a complaint under the Fair Labor Standards Act to merely allege that the...more

November Generality-in-Pleading Award

We’re only one-third of the way through the month of November, but we already have a winner of November’s Generality-in-Pleading Award. The hands-down winner is Dr. Warren Troxler, whose False Claims Act whistleblower suit...more

Words can come back to haunt you: Boilerplate pleading could lead to inadvertent waiver of attorney-client privilege

Recently, a federal district court in Georgia ruled that a defendant waived the attorney-client privilege in communications with counsel about the lawfulness of its conduct under the False Claims Act simply by pleading good...more

Sixth Circuit Adopts New Corporate Scienter Test in Securities Cases

The Sixth U.S. Circuit Court of Appeals recently issued a significant decision clarifying the pleading standards in securities litigation, clarifying what must be alleged to impute a corporation with knowledge of alleged...more

Sixth Circuit Narrows Collective-Knowledge For PSLRA Scienter

The US Sixth Circuit last week narrowed its standard for adequately pleading scienter in PSLRA cases using a collective-knowledge theory to impute knowledge to a corporate defendant from among various employees. In Omnicare,...more

Don't Throw The Kitchen Sink Of Defenses Into Your Answer

Say you are filing an Answer to a Complaint. NC Rule of Civil Procedure 8(c) lists a host of affirmative defenses you might raise. They are: accord and satisfaction, arbitration and award, assumption of risk,...more

URGENT: Delaware U.S. District Court Sets 6:00 p.m. Filing Deadline

Effective tomorrow, October 16, 2014, the filing deadline for pleadings filed with the United States District Court for the District of Delaware will be 6:00 p.m. prevailing Eastern Time. Per the letter from Chief Judge...more

A Pleading Malfunction Dooms Malfunction Theory

White v. Mazda Motor of Am., Inc., 313 Conn. 610 (2014) - This case illustrates the importance of sufficiently pleading claims and defenses, and moving for leave to amend the pleadings if there is some question or...more

Joinder of insurers – Belcastro v Gabriel Nakhl

The potential savings in legal costs often warrant resisting the direct joinder of an insurer, notwithstanding the relatively low bar set by the authorities. In Belcastro v Gabriel Nakhl & Ors [2014] NSWSC 1305 the insurers...more

Second, Third Circuits Tighten FLSA Pleading Standards, Challenge "Barebones" Complaints

Apologies to John Steinbeck, but in some ways, both 2013 and 2014 have been the winters of FLSA plaintiffs’ discontent on the East Coast. Last summer, the Second Circuit (which covers New York, Connecticut, and Vermont)...more

State Court Lawsuit Removable if Plaintiff-Employee’s Pleadings “Fully Incorporate” EEOC Charge

“You have been sued.” Upon reading these first few words of a state court citation, most Texas employers—indeed, most employers—make it their first order of business to remove the case to federal court if at all possible....more

Minnesota Supreme Court Rejects Twombly/Iqbal Pleading Standard

On August 6, the Minnesota Supreme Court held in a foreclosure-related case that the plausibility standard announced in Twombly and Iqbal does not apply to civil pleadings in Minnesota state court. Walsh v. U.S. Bank, N.A.,...more

120 Results
|
View per page
Page: of 5