News & Analysis as of

Common Law Claims Motion to Dismiss

Mitchell, Williams, Selig, Gates & Woodyard,...

Odors/Common Law Torts: Federal District Court Addresses Animal Waste Rendering Facility's Motion to Dismiss

A United States District Court (D. New Jersey) (‘Court”) addressed in an August 25th Opinion issues arising out of a class action that had been filed against Darling Ingredients, Inc. (“DII”) alleging that its Newark, New...more

Mintz - Securities Litigation Viewpoints

When A Relationship Is Insufficient: Opting Out of the FX Antitrust Class Action Requires Clear Indication

On May 28, 2020, Judge Lorna G. Schofield of the United Stated District Court for the Southern District of New York issued her Opinion and Order in Allianz Global Inv’rs GMBH v. Bank of Am. Corp., No. 18 Civ. 10364 (LGS),...more

Akerman LLP - Marks, Works & Secrets

Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products.  The United States Patent and Trademark Office has maintained its refusal to...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Accrual of Indemnitor Liability

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which a mortgage company sued a bank under the indemnity clause of the parties loan purchase agreement. The bank sought dismissal on statute of limitations...more

Holland & Knight LLP

Federal Court Allows False Claims Act Case to Continue Against Medicare Advantage Insurer

Holland & Knight LLP on

In February of 2018, a United States District Court in the Central District of California dismissed only half of the claims in a qui tam case against United Health Group, Inc. (UHG), a Medicare Advantage plan provider. United...more

Proskauer - Whistleblower Defense

Court Precludes Parallel Cause of Action Where CEPA Violations Are Plead

On January 30, 2018, the U.S. District Court for the District of New Jersey granted Defendant Public Service Electric & Gas Co.’s motion to dismiss a New Jersey common law wrongful termination claim in a whistleblower...more

Steptoe & Johnson PLLC

Third-Party Bad Faith Is Dead Again!

Steptoe & Johnson PLLC on

Back in June 2016, we reported on a 3-2 Memorandum Decision of the Supreme Court of Appeals of West Virginia (“WVSCA”) which appeared to be a disguised (and prohibited) third-party bad faith claim under a liability policy. In...more

Proskauer - Whistleblower Defense

Purported Whistleblower Barred from Pursuing Illinois Retaliatory Discharge Claim

The Northern District of Illinois recently dismissed an Indiana-based employee’s claims for retaliatory discharge in violation of common law, focusing on the nature of the connection (or lack thereof) to Illinois and noting...more

Fisher Phillips

Establishing Personal Jurisdiction Over Remote Employees

Fisher Phillips on

According to a recent Gallup poll, thirty-seven percent (37%) of U.S. workers report that they telecommute or otherwise work remotely. Indeed, due to advances in technology, many employees never report to an office of their...more

Saul Ewing Arnstein & Lehr LLP

District of Colorado: “First-Party Claimant” Under State Bad Faith Statute is Not Synonymous With First-Party Bad Faith Under...

Nat’l Union Fire Ins. Co. of Pittsburgh, PA v. Intrawest ULC, et al., No. 13-cv-00079-PAB-KMT, 2015 WL 1326199 (D. Colo. Mar. 20, 2015). The U.S. District Court for the District of Colorado denies an insurer’s motion to...more

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