News & Analysis as of

Federal Rule 12(b)(6)

S.D.N.Y Dismisses Dodd-Frank Whistleblower Action

On February 5, 2018, U.S. District Court for the Southern District of New York granted Defendant Khan Funds Management America, Inc.’s Rule 12(b)(6) motion to dismiss a whistleblower retaliation claim under Dodd-Frank on the...more

New Jersey Court Holds Text Revocation Must Follow Directions

by Burr & Forman on

Viggiano v. Kohls Department Stores, Civ. Action No. 17-0243-BRM-TJB, (D.N.J. Nov. 27, 2017) - Plaintiff filed a class actioTexn TCPA lawsuit placing at issue automated text message allegedly sent by Defendant after...more

Two More Anti-SLAPP Motions Filed in DC Federal Court Cases

by LeClairRyan on

We are one step closer to a decision from the DC Circuit on whether its Abbas ruling remains good law following the DC Court of Appeals’ Mann decision. The plaintiff in the Deripaska v. Associated Press case has appealed the...more

Kentucky Federal Court Brushes Aside Pre-emptive Attack on Class Allegations in Phishing Case, Rejects Out-of-the-Box Defense...

by BakerHostetler on

Brushing aside apparent flaws in a proposed class definition, a federal court in Kentucky declined to dismiss class allegations against North Carolina-based pharmacy services provider Pharm-Save Inc. (Pharm-Save) stemming...more

Looking Back: TC Heartland Is a Change of Law

by McDermott Will & Emery on

In remanding a case back to the district court, the US Court of Appeals for the Federal Circuit held that the Supreme Court of the United States’ 2017 decision in TC Heartland v. Kraft Foods qualifies as a change of law, and...more

Alibaba Securities Class Action Reinstated

The Second Circuit recently revived a putative securities class action against Alibaba Group Holding Ltd. and four of its top executives for alleged material misrepresentations in connection with the company’s $25 billion...more

Defending Data-Breach Lawsuits Brought By Employees (Part 2 of 2)

by Ellis & Winters LLP on

Yesterday’s post examined Sackin v. TransPerfect, Inc., where an employer suffered a data breach involving its employees’ sensitive information. After the employees sued, a federal court in New York refused to dismiss claims...more

District Court Considers IPR In Deciding Alice Motion

by Jones Day on

On November 20, 2017, a district court denied a defendant’s Federal Rules of Civil Procedure (“Rule”) 12(b)(6) motion that sought to dismiss the case on the ground that the asserted patents were ineligible under 35 U.S.C. §...more

District of New Jersey Allows Consumer Fraud Act Claim to Proceed for New Jersey Resident, Dismisses Claim for Non-Resident

by Blank Rome LLP on

In deciding a motion to dismiss under Rule 12(b)(6) in a putative class action, the United States District Court for the District of New Jersey recently addressed, among other things, what is quickly becoming a hot button...more

The Second Circuit is Tasked with Reviewing the Plausibility of an Iqbal Hearing

by Robins Kaplan LLP on

In what may result in a fundamental transformation of pleadings challenges, the Second Circuit is set to address the propriety of a so-called Iqbal hearing – an apparent first of its kind....more

Second Circuit Affirms Dismissal of Sheldon Adelson’s SLAPP Suit Against National Jewish Democratic Council

by Ballard Spahr LLP on

The Second Circuit has now affirmed dismissal of a defamation lawsuit brought by casino magnate and Republican mega-donor Sheldon Adelson against the National Jewish Democratic Council (NJDC) and two members of its...more

Third Circuit Splits with the Seventh Over Standing To Sue For Alleged Inefficient Design of Eye Drop Dispenser

In a surprising decision and split with the Seventh Circuit, the Third Circuit recently held that plaintiffs have standing to sue for unfair trade practices under the theory that a manufacturer is obligated to optimize the...more

A TCPA Slam Dunk in the Ninth Circuit?

by LeClairRyan on

The fight is not over yet, but the insurance industry just had a significant victory in the United States Court of Appeals for the Ninth Circuit. The scenario is likely familiar to most. You’re invited to send a text and...more

The 9th Circuit Adopts the “Ordinary Person” Standard for “Personally Identifiable Information” Under The Video Privacy Protection...

• The 9th Circuit affirmed the dismissal of a putative class action alleging that ESPN disclosed “personally identifiable information” in violation of the Video Privacy Protection Act of 1988 (VPPA) by knowingly disclosing to...more

Fifth Circuit Decision in Highway Guardrails Case Provides Important Guidance on Materiality in False Claims Act Cases

by Mintz Levin on

The U.S. Court of Appeals for the Fifth Circuit recently decided a case that could have a substantial impact on False Claims Act (“FCA”) jurisprudence with respect to the element of “materiality.” In U.S. ex rel. Joshua...more

Judge Reaffirms That Anti-SLAPP Statute Does Not Apply in Federal Court

by LeClairRyan on

Last month, the judge presiding over the Deripaska v. Associated Press case granted the Associated Press’ Rule 12(b)(6) motion and dismissed the case. The Associated Press had filed a companion special motion to dismiss under...more

Federal Circuit Rules That Supreme Court Decision in TC Heartland Was a Change of Law

by Foley & Lardner LLP on

In good news for those awaiting decisions on pending motions to transfer, or those contemplating a challenge to a recent denial of their motion – especially in the ED Texas, ND California, CD California and Delaware – on...more

Court of Chancery Dismisses Derivative Action for Failure to Plead Demand Futility

by Morris James LLP on

A cardinal principle of Delaware law is that directors manage the business and affairs of a Delaware corporation. This includes decisions regarding whether to pursue claims against officers and directors whose breach of duty...more

Chris Lazarini Analyzes Case Alleging Conspiracy Against FINRA and an Email Archiving Vendor

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which Plaintiffs, attempting to overcome an earlier dismissal of their claims, alleged a conspiracy between an email archiving vendor and FINRA in support of their...more

Jay-Z Pleads Court to Remove Him from the Spotlight

by Robins Kaplan LLP on

Jay-Z does not want to be in the spotlight- at least not the spotlight of a New York federal judge. This past April, the hip-hop tycoon and Roc Nation, Jay-Z’s entertainment company, were sued by Iconix Brand Group, Inc....more

No Standing!

by Jackson Lewis P.C. on

This is the most recent article in our series which focuses on the impact on employers of the downward spiral and death knell of the multi-employer defined benefit plan. The Eleventh Circuit has dealt another blow to...more

Court Extinguishes Parties’ Motions to Strike in LED Patent Dispute

Although motions to strike are generally difficult to win, when successful they can significantly dim the opposing party’s prospects for victory on particular claims or defenses. In one recent patent infringement action out...more

S.D. Fla. Refuses To Dismiss SOX and Dodd-Frank Whistleblower Claims

The Southern District of Florida recently denied a Rule 12(b)(6) motion to dismiss a former employee’s Sarbanes-Oxley and Dodd-Frank whistleblower retaliation claims, finding that the plaintiff sufficiently alleged that she...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

The Circuit affirms the decision in Secured Mail v. Universal to dismiss an infringement case under Rule 12(b)(6), holding that all of the asserted claims of the seven patents are directed to patent-ineligible subject matter....more

Boomerang Systems – 12(b)(6) Motion To Dismiss Denied

by Fox Rothschild LLP on

In a decision signed September 21, 2017 in an adversary proceeding related to the Boomerang Systems bankruptcy (case 15-11729), Judge Walrath of the Delaware Bankruptcy Court denied a defendants FRCP 12(b)(6) motion to...more

132 Results
|
View per page
Page: of 6
Cybersecurity

"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:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.