News & Analysis as of

Motion to Dismiss

Mayer Brown

New York Court Draws Limits to Encroachment on Sacred Rights in STG Logistics

Mayer Brown on

On January 3, 2026, the New York State Supreme Court delivered a win to a group of minority lenders to STG Logistics (“STG”), denying four motions to dismiss the minority lenders' lawsuit seeking to unwind or be awarded...more

Holland & Knight LLP

Uncertainty Continues in California on CIPA Section 638.51 Claims

Holland & Knight LLP on

The wave of California Invasion of Privacy Act (CIPA) Section 638.51 cases (i.e., pen register or trap-and-trace claims) against companies using web tracking technologies such as Meta and TikTok pixels shows no sign of...more

Cranfill Sumner LLP

Business Court Update: North Carolina Courts Can Reach Out-of-State Executives  

Cranfill Sumner LLP on

Last week, the North Carolina Business Court denied a motion to dismiss, stating that it could exercise personal jurisdiction over claims against an out-of-state executive when he sought personal benefit and threatened to...more

Marshall Dennehey

Delaware Superior Court Addresses Continuous Representation Doctrine in Legal Malpractice Case—But Was It Really Applied?

Marshall Dennehey on

K. Dyton v. A. Ahern, 2025 WL 3232911 (Del. Super. Ct. Nov. 19, 2025), re-argument denied, 2025 WL 3496991 (Del. Super. Ct. Dec. 5, 2025) - In what the court stated was a matter of first impression, the Delaware Superior...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy Avoidance Law: Court Allows Bankruptcy Trustee to Sue a Subsequent Transferee Even When the Initial Transferee Isn’t a...

A bankruptcy trustee can recover an avoided fraudulent transfer from both the initial transferee and subsequent transferees. But can a trustee recover from a subsequent transferee if the initial transferee isn’t named as a...more

Holland & Knight LLP

Podcast - Victories and "Losses" in the Courtroom

Holland & Knight LLP on

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small continues the story of the U.S. Securities and Exchange Commission's (SEC) civil case against internet game company SG Limited,...more

Klein Moynihan Turco LLP

Consent Defeats Wiretapping Claims

As our readers know, the use of internet tracking technologies on consumer-facing websites is widespread. Utilization of these third-party tracking tools, however, has led to a proliferation of lawsuits alleging that...more

A&O Shearman

Ninth Circuit Partially Revives Putative Class Action Against Manufacturer Of Pop Culture Collectibles

A&O Shearman on

On February 4, 2026, the United States Court of Appeals for the Ninth Circuit reversed in part a decision from the United States District Court for the Western District of Washington granting a motion to dismiss a putative...more

A&O Shearman

District Of Idaho Grants Motion To Dismiss Securities Class Action Against Semiconductor Manufacturing Company

A&O Shearman on

On February 3, 2026, Judge B. Lynn Winmill of the United States District Court for the District of Idaho granted a motion to dismiss a putative securities class fraud action asserting claims against a semiconductor company...more

Orrick, Herrington & Sutcliffe LLP

District court sides with bank, dismisses putative class action over ‘cash-sweep’ program

On January 30, the U.S. District Court for the District of Minnesota dismissed with prejudice a proposed class action lawsuit brought by two investment-account holders challenging the interest rates paid through a...more

Orrick, Herrington & Sutcliffe LLP

District court narrows consumer’s fraud claims against credit union

On January 27, the U.S. District Court for the District of Maine granted in part and denied in part a credit union’s motion to dismiss in a case involving alleged violations of the Electronic Fund Transfer Act (EFTA), the...more

Orrick, Herrington & Sutcliffe LLP

New York moves to dismiss putative class action over state’s foreclosure law

Recently, the State of New York filed a motion to dismiss an amended complaint in a putative class action lawsuit challenging the constitutionality of New York’s Foreclosure Abuse Prevention Act (FAPA)...more

Dinsmore & Shohl LLP

Supreme Court to Clarify Liability Boundary for Induced Infringement

Dinsmore & Shohl LLP on

The Supreme Court of the United States has agreed to resolve a question of patent infringement liability: can advertising a product as a “generic”—without more details—give rise to liability for induced infringement? The...more

Troutman Pepper Locke

Privacy Litigation Report: Takeaways From January 2026 Decisions

Troutman Pepper Locke on

Key point: In this post: (1) increase in ECPA litigation as courts extend “crime tort” exception beyond health care; (2) service provider wins again against wiretapping claim; (3) defendants lose standing arguments in federal...more

King & Spalding

Bankruptcy Court Denies Stay in Class Action Alleging $100 Million Special Needs Trust Fraud

King & Spalding on

On November 21, 2025, the U.S. Bankruptcy Court for the Middle District of Florida denied American Momentum Bank’s request to stay an adversary class action accusing the bank of aiding and abetting the theft of more than $100...more

McDermott Will & Schulte

This Week in 340B: January 13 – 19, 2026

Find the week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary...more

Baker Botts L.L.P.

U.S. Supreme Court Poised to Address ERISA Pleading Standards for Underperformance Claims

Baker Botts L.L.P. on

On January 16, 2026, the U.S. Supreme Court granted certiorari in Anderson v. Intel Corp. Investment Policy Committee, No. 25-498 (U.S.), a case regarding what ERISA plaintiffs must allege at the pleading stage when they...more

Freeman Mathis & Gary

Key ECPA decision outlines important exceptions to the Wiretap Act

Freeman Mathis & Gary on

On January 13, 2026, the U.S. District Court for the Northern District of Illinois issued a significant opinion in Lisota v. Heartland Dental, LLC and RingCentral, Inc., a case involving popular AI-enhanced recording tools in...more

Goldberg Segalla

Asbestos Plaintiff’s Declaratory and Injunctive Relief Claims Dismissed as Nonjusticiable

Goldberg Segalla on

Jurisdiction: United States District Court for the Eastern District of Louisiana - The Avondale defendants, Huntington Ingalls Inc. and its alleged liability insurers, moved to dismiss plaintiff Dennis Arceneaux’s claims for...more

Patterson Belknap Webb & Tyler LLP

When One Door Closes, Another Doesn’t Always Open: Judge Bulsara Grants Motion to Dismiss DigitalDoors’s Complaint with Prejudice

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

Freeman Mathis & Gary

[Webinar] Litigating Data Breaches: Trends, Risks and Strategies - February 18th, 2:00 pm - 3:00 pm EST

Freeman Mathis & Gary on

Join us Wednesday, February 18, from 2 to 3 p.m. EST for the first of our series of six webinars covering trending topics in the Data Security, Privacy & Technology space – “Litigating Data Breaches: Trends, Risks and...more

Seyfarth Shaw LLP

The Authority Conundrum: D.C. Circuit May Weigh in on Agent Authority Under the Foreign Sovereign Immunities Act

Seyfarth Shaw LLP on

We’ve previously written about the split among federal courts as to whether the agent of a non-U.S. country can waive that country’s immunity from suit under the U.S. Foreign Sovereign Immunities Act or “FSIA”. Briefly, in...more

ALTO Litigation

Direct v. Derivative Lawsuits – The Distinction, and Why It Makes a Difference

ALTO Litigation on

A stockholder believes that the company’s officers or directors have engaged in conduct that breached their fiduciary duties and damaged the company, thus reducing the value of her stock.  She tells an attorney that she wants...more

Holland & Knight LLP

Podcast - Finding Humor in Law

Holland & Knight LLP on

What happens when the government treats online "play money" like real securities? In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small recounts a civil enforcement action brought by the U.S....more

Proskauer - The Patent Playbook

Updates on APEX-related Personal Jurisdiction Considerations Since SnapRays

Last year we discussed the implications of the Supreme Court’s choice not to review the Federal Circuit’s SnapRays decision for patent owners that rely on the Amazon Patent Evaluation Express (“APEX”) program. A recent case...more

4,030 Results
 / 
View per page
Page: of 162

"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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide