News & Analysis as of

Amended Complaints Motion to Dismiss Federal Rule 12(b)(6)

Freeman Law

Reasonable Cause: An Estate’s Defense Against IRS’s Late-Filing Penalties

Freeman Law on

The Internal Revenue Code (the “Code”) contains over 150 civil tax penalties for various conduct and non-conduct. One common group of penalties, associated with the late filing of a tax return and the late payment of tax,...more

Troutman Pepper

False Claims Act Update: Third Circuit Widens First-to-File Circuit Split

Troutman Pepper on

Last week, in the In re Plavix decision, the Third Circuit addressed the question of whether relators can be added or substituted in an amended complaint and, in the process, weighed in on whether the first-to-file bar is...more

Mintz - Intellectual Property Viewpoints

District Court denies motion to dismiss despite Federal Circuit’s finding of patent invalidity in appeal of parallel ITC...

On December 5, 2019, Judge David C. Godbey of the Northern District of Texas denied the defendant Diebold Nixdorf, Inc.’s (“Diebold”) motion to dismiss under Rule 12(b)(6), in Nautilus Hyosung Inc. v. Diebold, Inc. et al.,...more

McDermott Will & Emery

Stick to the Pleading when Deciding Motion to Dismiss

The US Court of Appeals for the Federal Circuit reversed a dismissal of a complaint for failing to state a claim under FRCP 12(b)(6), finding error in the district court’s use of judicial notice to do fact-finding outside the...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Request for Relief on Grounds of "New" Evidence

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which plaintiffs sought relief from the court after a ruling granting defendants' motion to dismiss the plaintiffs' putative class action alleging ERISA...more

Foley & Lardner LLP

Citing Failure to Request Leave to Amend, Seventh Circuit Affirms Dismissal with Prejudice Under Rule 12(b)(6)

Foley & Lardner LLP on

Federal district courts are supposed to grant leave to amend a complaint “freely … when justice so requires.” Fed. R. Civ. P. 15(a)(2). The Seventh Circuit has construed this directive to require, in most cases, that a...more

Knobbe Martens

Federal Circuit Review - March 2018

Knobbe Martens on

Distribution Agreements Can Constitute Offers for Sale Under Section 102(b) - In The Medicines Company v. Hospira, Inc., Appeal Nos. 2014-1469, 2014-1504, the Federal Circuit held that a distribution agreement qualified as...more

Knobbe Martens

Nalco Company V. Chem-Mod, LLC

Knobbe Martens on

Federal Circuit Summaries - Before Moore, Schall, and O’Malley. Appeal from the Northern District of Illinois. Summary: A plaintiff need not prove its case of patent infringement at the pleading stage. To the extent a...more

Proskauer - New England IP Blog

Court Extinguishes Parties’ Motions to Strike in LED Patent Dispute

Although motions to strike are generally difficult to win, when successful they can significantly dim the opposing party’s prospects for victory on particular claims or defenses. In one recent patent infringement action out...more

Morris James LLP

Court Of Chancery Explains Jurisdiction For Veil-Piercing

Morris James LLP on

This is an interesting decision for its discussion on what must be pled to obtain Chancery jurisdiction in a claim seeking to pierce the corporate veil. It is not enough to just allege the entity was used to defraud. Rather,...more

Haight Brown & Bonesteel LLP

The Big Three: The 9th Circuit Joins The 6th Circuit and 7th Circuit in Holding That Sanctions For Bad-Faith Litigation Tactics...

In Law v. Wells Fargo Bank, N.A. (2015 S.O.S. 13–56099 – filed August 27, 2015), the Ninth Circuit joined the shortlist of Circuit Courts to hold that sanctions for bad-faith litigation tactics under 28 U.S.C. section 1927...more

Dorsey & Whitney LLP

Fourth Circuit Affirms Dismissal of FCA Complaint Alleging Contracting Fraud

Dorsey & Whitney LLP on

In an unpublished decision issued on Thursday, August 13, 2015, the Fourth Circuit Court of Appeals reemphasized Federal Rule of Civil Procedure 9(b)’s “stringent particularity requirement” when it affirmed a lower court’s...more

Seyfarth Shaw LLP

If At First You Don’t Succeed, Plead, Plead Again…

Seyfarth Shaw LLP on

In Wynn, et al. v. The New York City Housing Authority 14 Civ. 2818 (S.D.N.Y. July 29, 2015), several employees (who were either African-American or Hispanic) alleged that their employer, the New York City Housing Authority...more

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