Pleadings

News & Analysis as of

How To Shorten Your Documents

At least in the initial drafts, efforts to keep a document concise may stifle the flow of written words. If this is true, then let the words come freely and deal with wordiness later. Once the desired content is captured, a...more

Sixth Circuit Affirms Dismissal of Securities Class Action for Failure to Properly Plead Scienter

On March 28, the US Court of Appeals for the Sixth Circuit affirmed a lower court’s dismissal of a shareholder class action against BioMimetic Therapeutics Inc., finding that plaintiffs had failed to sufficiently allege that...more

Supreme Court To Decide CAFA Pleading Standard

On April 7th, the Supreme Court granted certiorari in Dart Cherokee Basin Operating Company, LLC v. Owens, a case originating from the Tenth Circuit. In that case, the Court will resolve a circuit split over the pleading...more

Dart Cherokee: SCOTUS to Hear Case on CAFA Pleading Requirements

The Supreme Court will now decide whether a 2006 Seventh Circuit decision on Class Action Fairness Act pleading requirements was correct. The Court granted certiorari today in a case that will resolve whether defendants...more

California’s RULLCA Impossible Pleading Requirement For Derivative Suits

California’s Revised Uniform Limited Liability Company Act requires a member of a domestic or foreign LLC to include two specific allegations in any complaint brought in the right of the company. Failure to include these two...more

Recent Case Advances Ninth Circuit Law on Pleading Diversity of Citizenship on Information and Belief

Insurers frequently file coverage actions in federal court, and when they do, jurisdiction is often predicated on diversity. Pursuant to 28 U.S.C. § 1332(a), a federal district court has original jurisdiction of a civil...more

When Eight Corners Is Just Not Enough: Fifth Circuit Offers Latest Interpretation of Exception to the Eight Corners Rule

On January 8, 2014, the Fifth Circuit announced its latest guidance on an issue of great importance to insurance carriers doing business in Texas. In Star-Tex Resources, L.L.C. v. Granite State Ins. Co., 2014 WL 60192 (5th...more

Courts Remain Divided Over Pleading Requirements for Inducement

Recent cases have revealed a division of opinion over whether a patentee is required to plead that an accused indirect infringer had knowledge of the patent before being sued, or whether the filing of a patent infringement...more

Supreme Court to Review Sixth Circuit’s Reinstatement of ERISA “Stock-Drop” Class Action

The Supreme Court recently agreed to resolve a circuit split on the pleading requirements for claims that ERISA fiduciaries imprudently invested employee stock ownership plan (ESOP) assets in the stock of the...more

“John Doe” Saves the Day in Washington: Avoiding S.O.L. Defense by Properly Naming “Doe” Defendants

In Powers v. W.B. Mobile Servs., Inc., 311 P.3d 58, 2013 WL 5645561 (2013), Division Two of the Washington Court of Appeals held that if a plaintiff (1) names a “John Doe” defendant with “reasonable particularity,” files suit...more

First Circuit Dismisses FCA Claim For Failure To Plead Fraud With Particularity And Denies Further Amendments Of Complaint

On December 6, 2013, in U.S. ex rel. Helen Ge, M.D. v. Takeda Pharmaceutical Company Limited (No. 13-1088), the First Circuit Court of Appeals affirmed the dismissal of Dr. Helen Ge’s qui tam actions against her former...more

Supreme Court to Address Presumption of Prudence for ERISA “Stock Drop” Cases

The Supreme Court agreed on December 13, 2013 to review an issue critical to ERISA “stock drop” cases and important more generally for ERISA individual-account plans that invest in employer stock....more

U.S. House Passes Bill to Reform Patent Litigation

The U.S. House of Representatives approved a bill today called the “Innovation Act,” H.R. 3309, which was aimed at reigning in abusive patent litigation filed by “non-practicing entities (NPEs)” or “patent trolls.” The bill...more

When New Supreme Court Rulings Do Not Apply Retroactively

In Padilla v. Kentucky, the U.S. Supreme Court ruled that an ineffective assistance of counsel claim under the Sixth Amendment could be based on a defense attorney’s failure to apprise a criminal defendant of the immigration...more

Holding of Padilla v. Kentucky to be Incorporated Into Federal Rules of Criminal Procedure

In 2010, the Supreme Court of the United States, in the case of Padilla v. Kentucky, held that a defense attorney’s failure to advise the defendant concerning the risk of removal fell below the objective standard of...more

Section 128.7 Sanctions Not Available Following Arbitration

When a client has obtained a defense verdict, judgment or arbitration award, they will frequently ask what recourse they have to recover attorney’s fees and costs obtained in defending against the claims. In California,...more

Cooper Tire & Rubber Co. v. Apollo (Mauritius) Holdings Pvt. Ltd., C.A. No. 8980-VCG (Del. Ch. Oct. 25, 2013) (Glasscock, V.C.)

In this letter opinion, Vice Chancellor Glasscock denied a motion for judgment on the pleadings filed in connection with an expedited action in which the plaintiff Cooper Tire & Rubber Co. seeks specific performance of its...more

District Court Dismisses a Shareholder Suit for Failing to Plead Scienter

The US District Court for New Jersey recently granted a motion to dismiss by defendants, Columbia Laboratories, Inc. (Columbia) and Watson Pharmaceuticals, Inc. (Watson). The plaintiff group brought an action under Section...more

PTAB = Stickler on Detailed Inter Partes Review Rules

Running a bit short on space in your IPR brief? Think you might sneak one past the Board by stretching those margins by a tenth of an inch or two? Think again. It should come as no surprise given that the inter partes review...more

Corporate and Financial Weekly Digest - November 1, 2013

In this issue: - FINRA Issues New Investor Alert on Closed-End Funds - CFTC Adopts Enhanced Customer Protection Rules - CFTC Adopts Rules Regarding the Protection of Collateral and Treatment of Securities...more

New York Court of Appeals Places Burden on Employer to Plead that Employee Seeking Indefinite Leave Cannot Satisfy the Essential...

The New York Court of Appeals recently overturned the dismissal of an employee’s discrimination claim under the New York City Human Rights Law (“NYCHRL”), while at the same time upholding the dismissal of the employee’s...more

She Can’t Believe It’s Not Butter: Recent California Decision Reinforces the “Reasonable Consumer Standard” in Consumer Class...

In recent years, California retailers and product manufacturers have been inundated with consumer class action lawsuits. Because the question of whether a given product’s label and related representations are false or...more

Contrasting U.S. Litigation And International Arbitration

American litigators know that there is often a tortuous road between the filing of the complaint and trial. The parties’ positions, and how each side views the facts, tend to evolve through the initial pleadings, amended...more

Managing Professional Liability Litigation Against Accounting Firms (Part 2)

This is Part 2 of a three-part series discussing the basic components of a professional liability lawsuit brought against an accounting firm and its partners and the factors a firm’s managing partner should take into...more

Don't Sue A North Carolina Board Of Directors Over A Merger Without Reading This Case

Last week's Order in Gusinsky v. Flanders Corp., 2013 NCBC 46, should be required reading for lawyers thinking of suing the directors of a corporation in North Carolina over a merger transaction. It provides guidance on the...more

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