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Litigation Strategies Dismissals Motion to Dismiss

Baker Botts L.L.P.

Amazon and Starbucks Escape Biometric Privacy Class Action in Federal Court

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Amazon and Starbucks notched a decisive win in the fast-evolving world of biometric privacy litigation, securing the full dismissal of a proposed class action in the U.S. District Court for the Western District of Washington....more

Cozen O'Connor

Georgia’s 2025 Tort Reform: What Businesses, Insurers, and Litigators Need to Know

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In recent years, Georgia has earned a prominent—and troubling—spot on the American Tort Reform Association’s annual “Judicial Hellholes” list, drawing national attention to the state’s increasingly unpredictable and...more

Jones Day

U.S. Supreme Court Encourages Federal Rule 7(a)(7) Replies—A Potential Boon for Defendants

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The U.S. Supreme Court recently reminded district courts that they may use Federal Rule of Civil Procedure 7(a)(7)—a little-known rule—to screen out meritless complaints before discovery....more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 11

Native Deodorant False Ad Dismissed As Court Finds Plaintiff's Contradictions Don't Pass the Smell Test - A proposed class action alleging that Native Deodorant falsely advertises its "natural" deodorant as offering...more

McGlinchey Stafford

Federal Court Finds Public Service Providers Do Not Qualify as Debt Collectors Under FDCPA

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A federal Judge for the United States District Court for the Northern District of Oklahoma recently granted the motions of several public entities to dismiss the amended complaint of a pro se plaintiff who brought claims...more

Vondran Legal

Strike 3 Holdings stipulates to dismiss, but no attorney fees for Defendant?

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There are times when Strike 3 cannot prove its case and may be forced to dismiss the case. In these instances, the defendant may well be deemed the "prevailing party" in the case, which can support an award of costs and...more

Orrick, Herrington & Sutcliffe LLP

CFPB allowed to drop suit against multinational retailer

On May 13, the U.S. District Court for the District of Minnesota issued a notice of dismissal with prejudice wherein the CFPB, as plaintiff, initiated a legal action against two defendants: a multinational retailer from...more

Orrick, Herrington & Sutcliffe LLP

District court dismisses case on CFPB’s supervision of tech company

On May 7, the U.S. District Court for the District of Columbia dismissed without prejudice a legal challenge to a supervisory order issued by the CFPB against a large tech company (the plaintiff). The parties entered a joint...more

Offit Kurman

Serving Hard-to-Find Defendants – Motions for Alternate Service

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Filing a complaint in a New York court can be easy. But after a plaintiff files that complaint, the plaintiff must serve the defendant with the summons and complaint. Failing to serve the defendant properly may lead the case...more

Faegre Drinker Biddle & Reath LLP

Court Dismisses TCPA Case Due to Failure to Plausibly Allege That the Defendant Made the Calls at Issue

A recent decision out of the Eastern District of Virginia, Matthews v. Senior Life Ins. Co., provides a helpful reminder that TCPA complaints do not satisfy Rule 8’s pleading standard if they do not plausibly link the...more

Seyfarth Shaw LLP

New York Federal Courts Are Not Rolling Out the Welcome Mat for Serial Plaintiffs in Website Accessibility Lawsuits Anymore

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Two recent New York district court decisions underscore how serial website accessibility plaintiffs are encountering greater challenges to demonstrate their standing to pursue ADA claims in federal court....more

Clark Hill PLC

New Jersey Appellate Division confirms timing options for filing a motion to dismiss pursuant to New Jersey Court Rule 4:6-2(e)

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In the recent case of Bank, et al. v. Lee, the New Jersey Appellate Division addressed a significant procedural issue regarding the timing for parties to file a motion to dismiss pursuant to New Jersey Court Rule 4:6-2(e)....more

Freiberger Haber LLP

The Stress of Bar Association Activities Sufficient to Support the Defense of Law Office Failure

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Now and then a lawyer fails to meet a deadline or otherwise acts untimely. Several “saving” provisions in the Civil Practice Law and Rules (“CPLR”) are available to assist a lawyer when deadlines are missed. These include:...more

IMS Legal Strategies

Conspiracy-Minded Jurors: A Defense Playbook

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In the aftermath of Hurricane Helene's damage to western North Carolina, a new conspiracy theory gained traction. This conspiracy held that the federal government manipulated the weather as Hurricane Helene hit North Carolina...more

Bennett Jones LLP

Ontario Court of Appeal Endorses a Flexible and Contextual Approach to Dismissal for Delay Under the Class Proceedings Act, 1992

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In Tataryn v. Diamond & Diamond Lawyers LLP, 2025 ONCA 5 (Tataryn), the Ontario Court of Appeal clarified the test for determining whether a proposed class action should be dismissed for delay under section 29.1 of the Class...more

Skadden, Arps, Slate, Meagher & Flom LLP

Examining Corwin: Latest Trends and Results

The Delaware Supreme Court’s 2015 decision in Corwin v. KKR Financial Holdings LLC1 fashioned a powerful defense in post-closing money damages cases for boards of directors by finding that business judgment deference applies...more

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