Precedential and Key Federal Circuit Opinions - U.S. PATENT NO. 7,679,637 LLC v. GOOGLE LLC [OPINION] (2024‑1520, 01/22/2026) (Moore, Hughes, Stoll) - Moore, C.J. The Court affirmed the district court’s dismissal of U.S....more
On January 16, 2026, District Judge Sanket J. Bulsara (E.D.N.Y.) granted Defendant Flushing Bank’s motion to dismiss under Fed. R. Civ. P. 12(b)(6), finding that Plaintiff DigitalDoors, Inc. (“DigitalDoors”) failed to...more
Are you kidding me? Dear Readers, here is an ADA quiz. I’m not sure you’ll be able to handle it. It’s really, really hard. Your employee discloses that she has ovarian cancer that has metastasized to her liver. She...more
The United States District Court for the Central District of California granted Defendant Monarch Healthcare, A Medical Group, Inc.’s motion to dismiss. Plaintiff Liseth Aguirre alleged she received phone calls from...more
Interesting one from this December. In Bell v. Hawx 2025 WL 3677347 (E.D. Cal. Dec. 18, 2025) a defendant’s motion to dismiss had been granted because the plaintiff had failed to allege sufficient facts about the calls at...more
A magistrate judge of the US District Court for the District of Delaware issued a report and recommendation recommending the denial of the defendants’ Rule 12(b)(6) motion to dismiss SambaSafety’s Defend Trade Secrets Act...more
In David v. Loblaw Companies Limited, 2025 ONCA 830, the Ontario Court of Appeal delivered a clear warning to class plaintiffs: a certification denial for failing to plead a cause of action is final. Absent one of the narrow...more
The District of Delaware recently denied a defendant’s motion to dismiss plaintiff’s demand for enhanced damages based on willful infringement pursuant to 35 U.S.C. § 284, explaining that neither a demand for damages under §...more
Takeaway: It seems that there are more and more cases being filed today that advance cutting-edge legal theories: cases seeking to hold energy companies liable for climate change; cases alleging that social media platforms...more
On October 2, 2025, Judge Haywood S. Gilliam Jr. of the United States District Court for the Northern District of California granted a motion to dismiss a putative securities class action against a cybersecurity company (the...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
Javier Gomez, Plaintiff v. Commonwealth of PA, et al., Defendants, No. 3:25-Cv-1378, 2025 Wl 2670572 (M.D. Pa. Sept. 17, 2025) - The plaintiff, Javier Gomez, an inmate at SCI-Coal Township, brought a civil rights action under...more
In its 2023 Groff decision, the U.S. Supreme Court expanded employers’ obligations to accommodate employees’ religious beliefs under Title VII. In response to a growing number of religious discrimination claims, lower federal...more
On September 17, 2025, Judge James Donato of the Northern District of California granted a motion to dismiss a putative antitrust class action, holding that plaintiffs failed to state a plausible Sherman Act claim, dismissing...more
The US Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of a copyright infringement claim finding that the plaintiff had not plausibly alleged copying of protected characters. Anna Biani v....more
On August 29, 2025, U.S. District Judge Jonathan Grey of the Eastern District of Michigan dismissed an action against makers of energy shots, with prejudice, holding that plaintiff failed to plausibly state a claim under the...more
The Sixth Circuit recently delivered a clear message to litigants pursuing claims under the Telephone Consumer Protection Act (TCPA): high call volume alone is not enough. In Fluker v. Ally Financial, Inc., the court...more
To assert a claim for monetary relief, the claimant must seek a "sum certain." A monetary claim that does not state a sum certain may be denied by the Contracting Officer and denied by the Board of Contract Appeals for...more
On April 18, 2025, the United States Court of Appeals for the Federal Circuit affirmed the dismissal of a patent infringement suit brought by Recentive Analytics, Inc. against Fox Corporation. See Recentive Analytics, Inc. v....more
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
This post summarizes some of the significant developments from the Texas District Courts for the month of February 2025....more
On January 2, 2025, Judge Cathy Ann Bencivengo of the United States District Court for the Southern District of California granted a motion to dismiss a securities action asserting claims under Sections 10(b), 20(a), and 18...more
The Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent and Trademark Office (“USPTO”) ruled that a state agency has no sovereign immunity to a trademark opposition proceeding. Mountain Gateway Order, Inc. v....more
In reversing a lower court ruling, the D.C. Court of Appeals makes actionable vague, aspirational statements of sustainability as deceptive and misleading representations under the D.C. Consumer Protection Procedures Act...more
In a recent ruling, a U.S. District Court for the Central District of California granted a defendant’s motion to dismiss a complaint brought under the Telephone Consumer Protection Act (TCPA). The complaint alleged that the...more