News & Analysis as of

Dismissal With Prejudice Amended Complaints

Holland & Knight LLP

Algorithmic Price-Fixing Claims Terminated

Holland & Knight LLP on

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

Genova Burns LLC

NJ District Court Awards Rule 11 Sanctions in Favor of Employer for Frivolous Suit

Genova Burns LLC on

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

Proskauer - Advertising Law

Court Cuts Short Challenge to Zicam’s “Clinically Proven to Shorten Colds” Claims

In Yamasaki v. Zicam, LLC, Case No. 21-cv-2596 (N.D. Cal. 2021), Plaintiff alleged certain Zicam® cold remedy products were falsely advertised as “clinically proven to shorten colds.” On this basis, Plaintiff sought to...more

Sheppard Mullin Richter & Hampton LLP

New York Courts Continue to Enforce Broad General Releases, Even When Claims are Unforeseeable at the Time of Contract Execution

In Chadha v. Wahedna, 2021 NY Slip Op. 50509(U) (Sup. Ct. N.Y. Cnty. 2021), Justice Ostrager of the New York County Commercial Division, dismissed Plaintiff Nilsa Chadha’s (“Plaintiff”) claims in their entirety due to...more

Knobbe Martens

Litigants Face a High Hurdle When Seeking Fees for Unadjudicated Claims

Knobbe Martens on

MUNCHKIN, INC. V. LUV N’ CARE LTD - Before Dyk, Taranto, and Chen. Appeal from the Central District of California. Summary: when a litigant seeks fees for an exceptional case based on issues that were not fully...more

Proskauer - California Employment Law

Court Should Not Have Dismissed Self-Represented Employee’s Claims

Nuño v. California State Univ., 47 Cal. App. 5th 799 (2020) - Anthony Nuño, an assistant college professor, represented himself in this lawsuit against California State University, Bakersfield, in which he alleged...more

Rosenberg Martin Greenberg LLP

"No Harm, No Foul:” Suit to Set Aside Foreclosure Sale for Failure to Comply With Deed of Trust Doomed By Failure to Allege That...

The opinion of the Virginia Supreme Court of Appeals in Young-Allen v. Bank of America provides both hope for lenders frustrated by borrowers who delay inevitable foreclosure sales by requiring the lender to comply with every...more

A&O Shearman

Southern District Of New York Denies Motion To Revive Exchange Act Claims Against Underwriter Of Regulation A+ Offering, Based On...

A&O Shearman on

On November 15, 2019, Judge Denise Cote of the United States District Court for the Southern District of New York denied a motion seeking to revive claims under the Securities Exchange Act of 1934 against the underwriter of a...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on Antitrust Allegations in Gold Price-Fixing Conspiracy Case

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which plaintiffs alleged that UBS AG took part in a global gold price-fixing conspiracy. The court earlier granted UBS' motion to dismiss the...more

Bradley Arant Boult Cummings LLP

Some Fed. Circ. Guidance On Patent Pleading Standard - Law360

After having its complaint for patent infringement dismissed for failure to state a claim and being denied its request to file an amended complaint in the Middle District of Georgia, Disc Disease Solutions turned to the...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

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

Shumaker, Loop & Kendrick, LLP

Improper to Enter Dismissal with Prejudice on Motion to Amend Complaint

In this medical malpractice case, the Plaintiff sought to file an Amended Complaint to, in part, add additional Defendants, which were referred to as the “Potential Defendants.” The Potential Defendants, through counsel,...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide