With much of the administrative state in turmoil, the Federal Trade Commission (FTC) appears to be holding steady and continuing to litigate its current cases. We previously discussed the FTC’s lawsuit against Grand Canyon...more
The U.S. Supreme Court unanimously upheld plaintiffs’ ability to divest federal courts of jurisdiction through post-removal amendments to their complaints, overturning the prevailing appellate consensus. The decision in...more
On December 30, the Department of Justice (DOJ), at the Federal Trade Commission’s (FTC) referral, filed an amended complaint against an online cash advance provider. The complaint now names the company’s CEO as a defendant,...more
Defendant Lovo has moved to dismiss an amended complaint alleging that the voice actor Plaintiffs’ voices were unlawfully cloned by Defendant Lovo’s AI Voice Generator. Plaintiffs allege that Lovo’s CEO stated on a podcast...more
Emory v. Bailey, N.E.3d ---, 2024 WL 2316080, 2024-Ohio-1955 - An auto accident occurred on October 23, 2018, in Newark, Ohio. On October 22, 2020, the appellants—Jon Emory, Caleb Emory and Tina Emory—filed a complaint...more
In the possible final stage of the Alpine Securities saga, Judge Clark Waddopous of the United States District Court for the District of Utah issued an opinion granting the Securities and Exchange Commission’s (“SEC”) motion...more
Uber Drives Dual MDL Challenges to Ninth Circuit - Key Takeaways - Ninth Circuit review of Uber’s non-consolidation clauses in an MDL context could generate new precedent on the enforceability of similar clauses and shape...more
On September 30, Judge Kathryn Kimball Mizelle held that the qui tam provision of the False Claims Act (FCA) violates the Appointments Clause of the U.S. Constitution because FCA relators are acting as “officers of the U.S.”...more
On August 30, 2024, a judge of the U.S. District Court of New Jersey denied a motion to partially enjoin the New Jersey Temporary Workers Bill of Rights based on Employee Retirement Income Security Act (ERISA) preemption....more
Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month....more
Before Hughes, Stoll, and Cunningham. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Filing an amended complaint does not nullify a dismissal order that was not later...more
On July 24, 2024, the U.S. Court of Appeals for the Third Circuit declined to block a New Jersey law aimed at equalizing the pay of temporary workers with that of direct employees....more
Jurisdiction: United States District Court for the Southern District of Florida Plaintiff Douglas S. Johnson, one of the surviving children and personal representative of the estate of decedent French E. Johnson, filed an...more
A Nevada federal court on May 8, 2024, dismissed with prejudice a putative class action alleging that a handful of Las Vegas hotel operators and a software provider broke antitrust laws by licensing and using a software...more
A New York federal court recently denied former hospital employees’ request for leave to file a Third Amended Complaint (“TAC”) after dismissing their Second Amended Complaint (“SAC”) for lack of standing and failure to state...more
Ortiz v. Stevenson, 2023 WL 6619674, No. 21-cv-17066 (EP) (ESK) (D. N.J. Oct. 11, 2023) - The present issue involves a plaintiff’s attempt to amend the complaint to allege spoliation of a dashboard camera. The plaintiff was...more
Key Points: Pennsylvania Rule of Civil Procedure 233.1 offers a two-prong test for defendants to utilize to dismiss repetitive complaints from pro se plaintiffs....more
A federal court in Wisconsin recently denied a manufacturer’s motion to amend a previously issued injunction in which the manufacturer sought permission to sell products via Amazon.com. Brava Salon Specialists, LLC v. REF...more
The Federal Trade Commission (FTC) has long expressed a concern about the potential misuse of location data. For example, in a 2022 blog post, “Location, health, and other sensitive information: FTC committed to fully...more
“A” brings an action against “B”. The causes of action asserted against “B” are all timely for statute of limitations purposes. Following discovery, “A” learns that “C” played a material role in the facts and...more
Google has agreed to pay a whopping $155M to resolve a government investigation and a class action lawsuit stemming from its use of location data, including claims that it stored and collected consumers’ location-related...more
In a surprising win by a pro se plaintiff against a large law firm, the Eighth District Court of Appeals reminded counsel of a plaintiff’s absolute right to amend their complaint. In this case, the appellate court held that...more
Power Probe Grp., Inc. v. Innova Electronics Corp., 21-cv-00332 (D. Nev. Apr. 27, 2023) While it is accepted that filing an amended complaint supersedes the original complaint rendering it without legal effect, a defendant...more
On May 4, the U.S. District Court for the District of Ohio issued two separate rulings in a pair of related disputes between the FTC and a data broker. The disputes center around accusations made by the FTC last August that...more
On March 31, 2023, the United States District Court for the District of New Jersey, in the matter of Desire v. Dreamwear Inc., imposed Rule 11 sanctions in favor of an employer based on the filing of a frivolous Second...more