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
Recently, Magistrate Judge Jennifer E. Willis issued a Report and Recommendation recommending that defendant’s motion to dismiss pro se plaintiff Andrew Walker, Jr.’s (“Walker”) Second Amended Complaint be granted for lack of...more
China Auto Logistics, Inc. v. DLA Piper, LLP, Case No. 2:20-cv-00646, USDC, Dist. Nevada, March 3, 2021 - A Nevada federal judge tossed a legal malpractice suit against a global firm, finding that the firm was not subject...more
In a products liability lawsuit against the manufacturer and seller, a plaintiff asserted claims of strict products liability, breach of warranty, negligence, gross negligence, and consumer fraud. One defendant filed a...more
Two recent decisions in New York state’s federal courts granted defendants’ motions to dismiss based on inadequately pled allegations, highlighting the strict pleading standard of the Comprehensive Environmental Response,...more
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
A recent opinion from Judge Shea in the District of Connecticut sheds important light on the sufficiency of pleadings in declaratory judgment patent cases. Noting that declaratory judgment actions are of particular...more