News & Analysis as of September 25, 2024

Supreme Court of the United States › Motion to Dismiss

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Developments in Association Law 2022 – 2024

Pillsbury Winthrop Shaw Pittman LLP on 9/16/2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Federal Circuit Review | August 2024

Knobbe Martens on 9/10/2024

Specify the Steps of Information Manipulation or Lose under § 101 - In Mobile Acuity Ltd. v. Blippar Ltd. Appeal No. 22-2216, the Federal Circuit held that patent claims that merely recite result-orientated, functional...more

In Trio of Decisions, Supreme Court Resolves Circuit Splits on Arbitration

Pierce Atwood LLP on 8/1/2024

Three recent Supreme Court Decisions—Coinbase v. Suski, Smith v. Spizzirri, and Bissonnette v. LePage Bakeries—based on consumer and employment disputes have resolved significant circuit splits over arbitration. These cases...more

SCOTUS Grants Certiorari to Hear NVIDIA Fraud Appeal on PSLRA Pleading Standard

Mintz on 6/25/2024

Last week, the United States Supreme Court granted certiorari in NVIDIA Corp. v. E. Ohman J:Or Fonder AB., Case No. 23-970, to address two fundamental questions about how federal securities fraud cases must be pled to survive...more

The Last Dance? The Future of the “Rogers Test” After the Jack Daniel’s Decision

ArentFox Schiff on 3/29/2024

After enjoying several decades of acceptance across many circuit courts, the future of the so-called “Rogers test” is uncertain. Established in the landmark Second Circuit case Rogers v. Grimaldi, Rogers is a two-step test...more

The Ninth Circuit Affirms Tribal Court Jurisdiction Over Insurance Provider

Snell & Wilmer on 3/8/2024

On February 29, 2024, the Ninth Circuit issued its opinion in Lexington Insurance Co. v. Smith (Suquamish Tribe). The Court affirmed the tribal court’s subject-matter jurisdiction over Lexington pursuant to the Tribe’s...more

Wisconsin Federal District Court Issues Five Rulings on Motions to Dismiss 401(k) Investment and Fee Cases – Is There a Way to...

Proskauer - Employee Benefits & Executive... on 2/13/2024

Defense counsel frequently lament the difficulties of defending 401(k) investment and recordkeeping fee litigation when different judges render conflicting rulings on motions to dismiss seemingly indistinguishable...more

Court Finds Red Cross Has Antitrust Immunity, Rejecting Broad Interpretation of the Sherman Act

McDermott Will & Emery on 2/6/2024

Recently, in a rarely considered question, the US District Court of Massachusetts held that the American Red Cross (ARC), a federally chartered corporation, is not subject to liability under the Sherman Antitrust Act (Sherman...more

Understanding the Crypto Ripple Effect

Ankura on 10/16/2023

On July 13, 2023, the Court ruled in partial favor of Ripple Labs Inc.’s argument that many of its XRP sales did not violate investor-protection laws. The ruling has sent the crypto world ablaze with speculation on the future...more

No Harm, No Foul? The Legacy of TransUnion Two Years Later (Continued)

Seyfarth Shaw LLP on 10/13/2023

Seyfarth Synopsis: As reported here, to mark the two-year anniversary of TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog is examining how each of the federal Circuit Courts have applied this...more

10 Years after Actavis, the Cases that Follow Tell a Story

Haug Partners LLP on 10/11/2023

I. Introduction - No pharmaceutical antitrust decision has had more impact than the Supreme Court’s 2013 decision in Federal Trade Commission v. Actavis, a decision which officially defined the term “reverse payment...more

Tough Coach or Hostile Work Environment

Flaster Greenberg PC on 10/3/2023

“Tough Coaches” at the professional level or college level garner reputations on their own. As sports become more professional and retain a formal structure, it is essential for clubs to understand the line between a “tough...more

SCOTUS Refuses to Dismiss Acheson Hotels v. Laufer Case Before Oral Argument Set For October 4

Seyfarth Shaw LLP on 8/14/2023

Synopsis: SCOTUS denies serial plaintiff’s attempt to dismiss her case and avoid the court’s consideration of a critical legal issue in ADA Title III lawsuits – tester standing....more

Colorado Federal Court Declines to Dismiss TCPA Claim: Finds ATDS Plausibly Alleged Based on Reasoning in Facebook’s Footnote 7

Troutman Pepper on 8/10/2023

More than two years after the Supreme Court’s opinion in Facebook v. Duguid, courts and litigants continue to wrestle with the statutory definition of “automatic telephone dialing system” (ATDS) under the Telephone Consumer...more

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

Husch Blackwell LLP on 7/7/2023

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

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

Zuckerman Spaeder LLP on 6/29/2023

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

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

Holland & Knight LLP on 6/26/2023

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

Foreign Holders of Arbitral Awards May Add a RICO Claim to Their Enforcement Arsenal

Foley & Lardner LLP on 6/26/2023

On June 22, 2023, in a 6–3 decision authored by Justice Sotomayor, the United States Supreme Court held that a foreign national-holder of a foreign arbitration award, which was recognized in the United States, can assert a...more

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

Morrison & Foerster LLP on 6/22/2023

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

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

BakerHostetler on 6/21/2023

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

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

Cozen O'Connor on 6/21/2023

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

Supreme Court Clarifies DOJ’s FCA Dismissal Authority

Wiley Rein LLP on 6/21/2023

WHAT: On June 16, 2023, the U.S. Supreme Court ruled 8–1 that the Government has broad authority to intervene and dismiss False Claims Act (FCA) suits litigated by relators. U.S. ex rel. Polansky v. Executive Health Resources...more

Supreme Court Grants Government Broad Dismissal Rights in Qui Tam Cases

Stevens & Lee on 6/20/2023

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

United States ex rel. Polansky v. Executive Health Resources, Inc, et al.: Supreme Court Clarifies Standard Under Which Government...

Katten Muchin Rosenman LLP on 6/19/2023

Today, the Supreme Court issued a decision in United States el rel. Polansky v. Executive Health Resources, Inc., et al, clarifying that the government maintains authority to dismiss a qui tam False Claims Act (FCA) action...more

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

Epstein Becker & Green on 6/19/2023

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

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Supreme Court of the United States › Motion to Dismiss

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