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First Impression Motion to Dismiss

Freiberger Haber LLP

Case of First Impression in the Appellate Division: Data Breach By Itself is Not An “Injury-in-Fact”

Freiberger Haber LLP on

The law can be funny. Not in a comedic way, but in a way that defies expectations about what is needed to bring a cause of action. Sometimes this is manifested in the quantum of evidence needed to bring an action and survive...more

Saiber LLC

In Case of First Impression, District of New Jersey Judge Establishes Framework to Determine Whether Parent-Subsidiary...

Saiber LLC on

District Judge Kevin McNulty of the District of New Jersey recently granted in part and denied in part a motion to dismiss for lack of personal jurisdiction. Judge McNulty’s detailed opinion provides critical guidance on how...more

Farrell Fritz, P.C.

Waiving a Decendent’s Attorney-Client Privilege

Farrell Fritz, P.C. on

“The attorney client privilege, the oldest among common-law evidentiary privileges, fosters the open dialogue between lawyer and client that is deemed essential to effective representation” (Spectrum Sys. Intern. Corp. v...more

Ballard Spahr LLP

Nevada Court Rejects Defamation Claim Brought Against Associated Press by Casino Mogul

Ballard Spahr LLP on

In an opinion and order issued recently, a Nevada state court dismissed with prejudice a defamation claim brought by businessman Steve Wynn against the Associated Press (AP) and one of its reporters. ...more

Troutman Pepper

Massachusetts Supreme Court Declares That State Contract Principles, Not Federal Precedent, Govern The Interpretation Of...

Troutman Pepper on

A.L. Prime Energy Consultant, Inc. v. Mass. Bay Transport Auth., 479 Mass. 419 (May 2, 2018) - In a case of first impression, the Massachusetts Supreme Court held that general contract principles, and not federal case law,...more

Burr & Forman

Federal District Court: Banks Do Not Owe a Duty of Care to Non-Customers Under Tennessee Law

Burr & Forman on

In Belle Meade Title & Escrow Corp. v. Fifth Third Bank, et al., No. 3:17-cv-874, ECF No. 26, — WL —- (M.D. Tenn. Oct. 17, 2017), a federal district court granted Regions Bank’s motion to dismiss the claims against it,...more

Morgan Lewis

Felony Conviction Bars Whistleblower from Pursuing Qui Tam Case

Morgan Lewis on

A relator convicted of criminal conduct is precluded from sharing in related FCA recoveries, irrespective of degree of culpability. On July 16, a US Court of Appeals for the Ninth Circuit panel upheld the dismissal from...more

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