News & Analysis as of

Injunctions Motion to Dismiss

Orrick, Herrington & Sutcliffe LLP

District court receives sparring requests to deny DOGE access

On February 28, the Department of Labor, the CFPB, and the DHHS (the defendants), filed a motion to dismiss in the U.S. District Court for the District of Columbia, and a week later, a coalition of labor unions (the...more

Knobbe Martens

Federal Circuit Review | October 2024

Knobbe Martens on

Failure to Obtain Advice of a Third Party Is Not Evidence of Willfulness - In Provisur Technologies, Inc., v. Weber, Inc., Appeal No. 23-1438, the Federal Circuit held that patentees cannot use an accused infringer’s failure...more

Morrison & Foerster LLP - Class Dismissed

Fool Me Once, No Injunctive Relief On Behalf Of A Class Of Purchasers

Does a plaintiff who files a class action alleging false advertising have Article III standing to seek injunctive relief—even when that plaintiff is a past purchaser of the product, and therefore is aware of the defendant’s...more

King & Spalding

Federal Court Partially Grants Motion to Dismiss Clearing Way for New HHS Liver Allocation Policy to Go into Effect

King & Spalding on

On January 21, 2020, the U.S. District Court for the Northern District of Georgia granted in part and denied in part a motion challenging a new HHS policy for allocating livers to transplant patients in the United States. The...more

Polsinelli

BitBlog Weekly Summary: Digital Asset Regulations in New York State

Polsinelli on

This week saw two items of note in the regulation of digital assets and both came out of the state of New York. The Return of the Empire State - A New York State Supreme Court ruled that it has personal and subject...more

Snell & Wilmer

What Types of “Damages Claims” Survive a Trustee’s Sale?

Snell & Wilmer on

Arizona’s trustee’s sale statutory scheme provides for the waiver of all defenses and objections to a trustee’s sale that: (i) are not raised prior to the sale, and (ii) do not result in an injunction against the sale going...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | January 2018 #3

House Panel Questions FDA Officials on Food-Recall Audit - One day after the U.S. Food and Drug Administration (FDA) issued draft guidance on proposals to expedite product warnings and recalls, FDA and other health officials...more

Morrison & Foerster LLP

MoFo IP Newsletter - April 2016

The 2015 Changes to the Federal Rules Matter for Your Patent Case and Tech Business: Getting in the Courthouse Door Just Got Tougher - It used to be that a complaint for patent infringement would survive a motion to...more

Seyfarth Shaw LLP

Court Denies Class Certification On Religious Discrimination Claims

Seyfarth Shaw LLP on

In an order recently issued in James Robinson III, et al. v. General Motors Company, et al., Case No. 15-CV-158-Y (N.D. Tex. Oct. 21, 2015), Judge Terry R. Means of the U.S. District Court for the Northern District of Texas...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Delaware Supreme Court Reaffirms Important Protections for Corporate Directors"

A trio of opinions from the Delaware Supreme Court, each authored by Chief Justice Leo E. Strine, Jr., has reaffirmed Delaware’s deference to the business judgment of disinterested corporate decision-makers and restored...more

Proskauer - New Media & Technology

Biometrics: Facebook Files Motion to Dismiss Privacy Suit over Facial Recognition Technology

As discussed in a previous post on facial recognition technology, a putative class action has been filed against Facebook over the collection of “faceprints” for its online photo tagging function, Tag Suggestions. (See e.g.,...more

Knobbe Martens

Federal Circuit Review | July 2015

Knobbe Martens on

Nunc Pro Tunc Assignments Insufficient To Confer Retroactive Standing - In ALPS SOUTH, LLC v. OHIO WILLOW WOOD CO., Appeal Nos. 2013-1452, 2013-1488, 2014-1147, and 2014-1426, the Federal Circuit reversed the denial of a...more

Proskauer - Advertising Law

Beer-Maker Puts an End to Brewhaha: Anheuser Busch Agrees to Settle Second of Two Class Action Lawsuits over Beer Origin...

Anheuser Busch recently agreed to settle a consumer class action over Beck’s Beer labeling that we previously reported on with regard to the uptick in consumer class actions proceeding past the pleading stage in the Southern...more

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