News & Analysis as of

Dismissals Motion to Dismiss Evidence

Marshall Dennehey

Court Affirms Dismissal of Lawsuit Over City Pothole Fall, Citing Lack of Evidence

Marshall Dennehey on

Baranowski v. City of Newark, Docket No. A-2262-23, NJ Super., App. Div., Mar 11, 2025 - The plaintiff tripped and fell in a pothole in the City of Newark. There were no complaints reported about this pothole prior to this...more

IMS Legal Strategies

Conspiracy-Minded Jurors: A Defense Playbook

IMS Legal Strategies on

In the aftermath of Hurricane Helene's damage to western North Carolina, a new conspiracy theory gained traction. This conspiracy held that the federal government manipulated the weather as Hurricane Helene hit North Carolina...more

Goodwin

Eighth Circuit Overturns Class Certification in Suit Against TD Ameritrade Holding Corp., Holding Individualized Evidence Is...

Goodwin on

Eighth Circuit Overturns Class Certification in Suit Against TD Ameritrade Holding Corp., Holding Individualized Evidence is Required for Each Putative Class Member; District Judge Approves Magistrate’s Recommendation to Deny...more

Womble Bond Dickinson

Where's the Beef? Motion to Dismiss Granted Based on Emergency Exception & Extrinsic Evidence

Womble Bond Dickinson on

Last week, the District Court for the Southern District of California granted a motion to dismiss without leave to amend in a putative class action lawsuit involving the emergency exception to the TCPA. In Derrick v....more

Womble Bond Dickinson

Making them Work For It: Court Dismisses TCPA Case for Lack of Factual Allegations Regarding ATDS Usage

Womble Bond Dickinson on

Quick tip: While the focus these days in TCPAland is on the definition of ATDS–and quite properly so— it should not be forgotten that threadbare recitals of ATDS usage at the pleadings stage are categorically improper....more

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