(Podcast) The Briefing: The Nirvana Baby Lawsuit – A Win for Nirvana
The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
Podcast - FTC Commissioner Dismissals: Background and Implications
The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
(Podcast) The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
Fifth Circuit Affirms District Court’s Striking of Class Allegations
Eighth Circuit Reverses Dismissal of Putative Class Claims
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Class Action Suit Against Instagram for New Terms of Service Dismissed
On October 30, 2025, the European Court of Justice (ECJ) issued two decisions interpreting European Union law regulating mass dismissals, or “collective redundancies,” ruling that technical mistakes or noncompliance with...more
On October 30, the Colorado Court of Appeals affirmed the dismissal of a putative class action complaint seeking medical monitoring, holding that the representative plaintiff lacked standing because mere exposure to ethylene...more
As our readers are aware, California Invasion of Privacy Act (“CIPA”) lawsuits have recently dominated headlines in the California consumer privacy space. Most, if not all, of these lawsuits involve defendants that operate...more
When a brand has identified a threat to its trademark rights — whether from a competitor or counterfeiter — the goal is almost always to resolve the dispute without the expense and distraction of a lawsuit. But when those...more
District court dismisses songwriters’ copyright claims against Brazilian pop star Anitta and her label, holding plaintiffs failed to adequately allege access where Anitta was only 14 years old and living in Brazil when...more
In Vestergaard v Destiny Media Technologies Inc., 2025 BCSC 2093, the Supreme Court of British Columbia (the “Court”) rejected all claims brought by the plaintiff, the former Chief Executive Officer and founder of Destiny...more
A federal court in Massachusetts just dismissed a proposed class action challenging an employer’s use of an AI-powered video interview platform under the state’s strict lie detector law – but the ruling is not the all-clear...more
On October 17, the U.S. Court of Appeals for the 9th Circuit vacated its own prior decision from August that overturned the lower court’s dismissal of a putative class action brought by two homeowners who alleged violations...more
On October 15, a New York appellate court affirmed the dismissal of a putative class action alleging violations of the FDCPA and New York General Business Law § 349. ...more
A California federal court recently handed businesses another major victory in the ongoing wave of privacy lawsuits targeting website analytics and tracking tools. On September 30, Judge Fernando Aenlle-Rocha of the Central...more
Each year, Take the Fifth blog compiles and analyzes key statistics from the opinions issued by the U.S. Court of Appeals for the Fifth Circuit. While the Fifth Circuit itself compiles and releases statistics on a...more
Shook Antitrust Practice Co-Chair Ryan Sandrock has filed an amicus brief on behalf of the Washington Legal Foundation (WLF) urging the U.S. Court of Appeals for the Ninth Circuit to affirm the dismissal of a civil-RICO claim...more
On October 3, 2025, the United States Court of Appeals for the Third Circuit in a 2-1 decision affirmed the dismissal of a putative consumer class action alleging an automaker had misled consumers about what is included in...more
On October 6, the New Jersey Superior Court, Appellate Division affirmed the dismissal of a lawsuit alleging that a debt collector’s use of a third-party mail vendor to send a collection letter violated the FDCPA. The...more
Hernandez v. Baird Mandalas Brockstedt & Federico, LLC, 2025 WL 1304194 (Del. May 6, 2025) - The Delaware Supreme Court affirmed the Superior Court’s dismissal of the plaintiffs’ legal malpractice claims under the collateral...more
A federal court has granted summary judgment for Nirvana, dismissing Spencer Elden’s claim that the Nevermind album cover — depicting him as a baby — constituted child pornography. In this episode of The Briefing, Scott...more
In its ruling of August 20, 2025 (Ref.: 10 SLa 2/25), the Munich Regional Labor Court (LAG Munich) decided that an employee who takes preparatory steps to establish a works council during the first six months of their...more
On September 30, 2025, a federal judge granted the United States’ motion to intervene in and dismiss U.S. ex rel. Khoury v. Intermountain Healthcare Inc et al., a False Claims Act (FCA) lawsuit in the District of Utah where...more
The Supreme Court of Pennsylvania’s recent decision in Tranter v. Z&D Tour Inc. is likely to ease the burden on defendants seeking dismissal based on forum non conveniens. The Tranter decision is a significant win for...more
The Illinois Appellate Court recently held that a breach of fiduciary duty claim, brought by one sibling against another, was in effect a claim against their father’s estate and therefore time-barred....more
Two recent dismissals in the per- and polyfluoroalkyl substances (PFAS) class action landscape expose a significant weakness in these claims....more
On September 26, U.S. District Judge Terrence G. Berg dismissed a proposed $50 million class action lawsuit brought by four former University of Michigan football players against the NCAA, the Big Ten Conference, and the Big...more
Murphy v. Polk Cnty. Bd. of Cnty. Commissioners, Fla. 1st DCA, No. 1D2022-2752, Sept. 3, 2025 - It seems there is no statute of limitations on the First District Court of Appeals’ issuing opinions interpreting the actual...more
As readers of this Blog know, we have written about many types of fraud over the years, such as affinity fraud, common law fraud, fraud in the inducement, fraudulent concealment, and securities fraud. Another type of fraud...more
Our employment law update for September covers a case on the limits of whistleblowing protection and fair dismissal procedures, an EAT decision on the consequences of delay in amending claims, and a High Court ruling on...more