News & Analysis as of

Twombly/Iqbal Pleading Standard

ERISA Newsletter - Third Quarter 2017

by Proskauer Rose LLP on

Editor's Overview - As we have observed on other occasions, the ERISA class action plaintiffs' bar has, for several years now, honed in on 401(k) plan fiduciaries and their decisions to select and retain investment options...more

Third Circuit Issues Helpful Decision On Punitive Liability Under New Jersey Law

In a recent decision in In re Paulsboro Derailment Cases, the Third Circuit affirmed the dismissal of a case brought by plaintiffs who alleged that they had been exposed to airborne chemicals following a train derailment....more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Intercontinental v. Kellogg involves a fight between two food industry powerhouses, Kraft and Kellogg, in which a majority of the panel affirms summary judgment of obviousness of a patent directed to a resealable cookie...more

Northern District Of Illinois Dismisses Lawsuit Involving Reinsurance For Private Mortgage Insurance

by Carlton Fields on

In a lawsuit filed by the Rehabilitator for a private mortgage insurance provider, the District Court found that the causes of action either failed to meet the Iqbal pleading standard, contained implausible allegations, or...more

Recent Developments In Patent Law May 17, 2017

Update to TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341 (May 22, 2017) - In an 8-0 opinion written by Justice Thomas (Justice Gorsuch did not participate), the Supreme Court rules that a defendant...more

Vast – Or at Least Half-Vast – Conspiracy Claim Dismissed

by Reed Smith on

Imagine a conspiracy so vast that it includes not only your usual plaintiff-side fantasy of the FDA conspiring with a drug company, but also high FDA officials, President Obama, Robert Mercer (noted Trump supporter and...more

Parallel Claims in PMA Medical Device Complaint Warrant Federal Question Removal

by Reed Smith on

We were wondering when the courts would catch on to this Catch 22. In order to survive preemption, plaintiffs suing the manufacturers of pre-market approved (“PMA”) medical devices have to allege “parallel claims” in which...more

Chris Lazarini Analyzes Application of Twombly in Retaliatory Discharge Case

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which the plaintiff claimed he was wrongfully terminated from employment at Morgan Stanley after the company discovered he reported alleged illegal activities to...more

Twombly and Iqbal Survive a Rampage

The District of Massachusetts recently grappled with the proper analytical standard when faced with a Fed. R. Civ. P. 12(b)(6) motion to dismiss in a patent infringement case. Judge Burroughs held that the familiar...more

Rampage’s Patent Suit Inks a Partial Victory in Surviving Motion to Dismiss

Judge Allison Burroughs of the District of Massachusetts recently issued a decision that provides much-needed insight into pleading standards in patent cases. With the demise of Form 18 of the Federal Rules of Civil...more

Southern District of California Court Provides Further Guidance on Patent Infringement Pleading Requirements After Abrogation of...

In a November 21, 2016, order, the Honorable Janis L. Sammartino of the Southern District of California dismissed The Scripps Research Institute’s (TSRI) patent infringement claims without prejudice because TSRI failed to...more

Sunrise’s Infringement Complaint Gets the Green Light

In a recent opinion out of the District of Massachusetts, the court ordered that a patent infringement dispute between two Massachusetts-based competitors in the lighting systems industry would be allowed to proceed. This...more

Another Modest Proposal (This Time, About Discovery)

by Reed Smith on

Bexis recently attended the “Emerging Issues in Mass-Tort MDLs Conference” sponsored by Duke Law School (those of us from Philly remember Duke as part of “Black Saturday” back in 1979). Several panels discussed various...more

Iqbal/Twombly Pleading Standard Governs Joint Patent Infringement Claims

by McDermott Will & Emery on

Addressing the pleading standard under which a joint patent infringement claim must be reviewed, the US Court of Appeals for the Federal Circuit affirmed the dismissal of a complaint of patent infringement, finding that the...more

Ninth Circuit Finds Plausible Claim of Damages Avoids Dismissal of Bad Faith Lawsuit

by Cozen O'Connor on

Can an insurer be potentially liable for breach of contract or bad faith where the insured can only plead a plausible claim of damages? The Ninth Circuit has answered “yes” in a recent decision in the case of Beverly Burton...more

Federal Circuit Clarifies Pleading Requirements for Joint Infringement

by Nutter McClennen & Fish LLP on

Earlier this year, we discussed the potential ramifications of the December 2015 amendments to the Federal Rules of Civil Procedure on the pleading standard of infringement following the decision in Rembrandt Patent...more

Pleading Standard Defined– CAFC Holds that Joint Infringement Complaint Requires Identification of All Required Claim Steps

Plaintiffs bringing patent infringement complaints under the Iqbal/Twombly pleading standard should take notice. On September 30, 2016, a panel of the Federal Circuit affirmed a district court’s dismissal of a deficient...more

Federal Circuit Affirms Dismissal of Joint Infringement Allegations under Iqbal/Twombly Pleading Standard

On September 30, 2016, the Federal Circuit issued an opinion affirming the District Court for the Southern District of New York’s dismissal of the plaintiff ’s complaint under Fed. R. Civ. P. 12(b)(6) because the complaint...more

Searching for Causation in ACTOS Complaint

How explicitly must a complaint sounding in antitrust allege causation? At oral argument last week, the Court of Appeals for the Second Circuit evaluated the sufficiency of the plaintiffs’ allegations that certain Takeda...more

Causation Issues in Failure-To-Report Cases – Post-Stengel Precedent

by Reed Smith on

As we blogged at the time, we believe that the Ninth Circuit made a historic error in Stengel v. Medtronic Inc., 704 F.3d 1224 (9th Cir., 2013) (en banc), when it equated routine product liability inadequate warning claims...more

No Way Out for Door Patent

On September 12, 2016, District Judge John G. Koeltl (S.D.N.Y.) granted the defendants’ motions to dismiss for failure to state claim of patent infringement under Federal Rule of Civil Procedure (“FRCP”) 12(b)(6). Claims...more

Put Up or Pay Up: Mentor Obtape MDL Judge Promises Sanctions to Plaintiff Attorneys Filing Meritless Cases

by Reed Smith on

We spend the vast bulk of our professional life working in the context of MDLs. We know the drill: plaintiff lawyers file hundreds or thousands or tens of thousands of cases. At some point, the cream rises to the top in...more

Compounding Pharmacy’s Group Boycott Claim Survives Motion to Dismiss

On August 23, 2016, the District Court for the Eastern District of Missouri allowed claims by a compounding pharmacy to proceed, denying a motion to dismiss filed by the defendant pharmacy benefit manager (“PBM”). In...more

The Evolving Standard for Pleading Direct Patent Infringement

by Foley & Lardner LLP on

It has been a little more than half a year since the amendments to the Federal Rules of Civil Procedure abrogated Rule 84 and put an end to the Form 18 bare-bones style patent complaint. The question on the minds of many...more

A Banner Week For Buckman Preemption

by Reed Smith on

There used to be a TV show called “That Was the Week That Was.” It was a satirical look at the news of the prior week, but perhaps it’s most lasting accomplishment was to launch David Frost’s career. Without an ounce of...more

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