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Motion to Dismiss Amicus Briefs

McDermott Will & Emery

This Week in 340B: August 27 – September 2, 2024

Find this 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...more

Ballard Spahr LLP

Colorado rate exportation litigation: Motion to dismiss complaint claims there is no claim there

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Last month, just a few days before the preliminary injunction hearing, Colorado’s attorney general filed a Motion to Dismiss the Complaint filed in federal district court in Colorado by three financial services industry trade...more

Troutman Pepper

CFPB and FTC File Amicus Brief Urging Fourth Circuit to Find FCRA Requires Investigation Regardless of Whether Dispute Is Factual...

Troutman Pepper on

On December 8, the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) (collectively, the agencies) filed an amici curiae brief urging the U.S. Court of Appeals for the Fourth Circuit to reverse a...more

Proskauer - Employee Benefits & Executive...

Industry Coalition Unites to Support Dismissal of ERISA Fiduciary-Breach Claims Related To BlackRock Target Date Funds

The filing of a new 401(k) plan “excessive fee” or “investment underperformance” complaint is hardly “news” these days given the proliferation of suits that have been filed over the past several years. In fact, hardly a week...more

ArentFox Schiff

Investigations Newsletter: Amici Seek Dismissal of Qui Tam Suit From High Court

ArentFox Schiff on

Headlines that Matter for Companies and Executives in Regulated Industries- Amici Seek Dismissal of Qui Tam Suit From High Court - Various medical, business and legal organizations are asking the US Supreme Court to...more

Jones Day

Apple v. Iancu: Oral Argument on Motion to Dismiss and Plaintiff Summary Judgment Motion

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Since the PTAB designated Apple v. Fintiv precedential, the six-factor, “holistic” test has been increasingly used to discretionarily deny institution of petitions challenging claims already subject to parallel litigation...more

Fox Rothschild LLP

Has The Court Of Appeals Unfriended Its Amicus?

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The recent opinion of the North Carolina Court of Appeals in M.E. v. T.J., No. COA18-1045 has more twists than a Chubby Checker look-alike contest. The opinion is long and the facts and procedure are somewhat convoluted, but...more

Kidon IP

The ACT | APPLE Association Charade

Kidon IP on

Apple and the Fearsome five are doing it again.   The same people who pushed the fallacious “troll bogeyman”; engaged in PTAB proxy warfare, seemingly immunized by the “real party in interest doctrine”;  invented  the...more

Franczek P.C.

School Districts File Amicus Curiae Brief in Landmark Federal Property Tax Lawsuit

Franczek P.C. on

Last week, nine Cook County school districts and Calumet City filed an amicus curiae (“friend of the court”) brief in the Seventh Circuit Court of Appeals in support of rehearing in the case A.F. Moore & Associates Inc. v....more

Ballard Spahr LLP

CFPB files amicus brief in Third Circuit supporting PA AG

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The CFPB has filed an amicus brief in the U.S. Court of Appeals for the Third Circuit in the Pennsylvania Attorney General’s lawsuit against Navient Corp.  The PA AG’s lawsuit includes claims that Navient violated the...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Product Liability Insights - Issue 1, 2019

Welcome to the first 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more

Ballard Spahr LLP

State AGs file amicus brief in Fourth Circuit case involving use of sovereign immunity by tribal lenders to defeat state law...

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A coalition of 14 state Attorneys General and the D.C. Attorney General have filed an amicus brief with the U.S. Court of Appeals for the Fourth Circuit in Williams v. Big Picture Loans in which a tribal lender and its tribal...more

Perkins Coie

Belated Government Dismissal of False Claims Act Cases: DOJ Maneuvering in Post-Escobar and Granston Memo Era

Perkins Coie on

The solicitor general filed an amicus brief in the U.S. Supreme Court last month supporting the relators’ opposition to certiorari in Gilead Sciences, Inc. v. United States ex rel. Campie, et al., No. 17-936. Yet the...more

Bass, Berry & Sims PLC

DOJ Informs Supreme Court that It Will Dismiss FCA Case if Remanded to District Court

Bass, Berry & Sims PLC on

On November 30, 2018, the Solicitor General of the United States filed an amicus curiae brief in the closely watched False Claims Act (FCA) lawsuit, Gilead Sciences Inc. v. U.S. ex rel. Campie. In what appears to be an...more

Mintz - Health Care Viewpoints

Tenth Circuit Revives FCA Claim Based on Alleged Lack of Medical Necessity

The Tenth Circuit Court of Appeals has issued a significant decision, finding that a physician’s medical judgment about the medical necessity of heart procedures can be “false or fraudulent” under the federal False Claims Act...more

Ballard Spahr LLP

All American Check Cashing and amici file briefs in Fifth Circuit interlocutory appeal

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All American Check Cashing and the other appellants have filed their principal brief in their interlocutory appeal to the U.S. Court of Appeals for the Fifth Circuit of the district court’s ruling upholding the CFPB’s...more

Seyfarth Shaw LLP

EEOC Argues that Sexual Orientation Discrimination by a Heterosexual Person can Constitute a Protected Activity

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In her appeal to the Fifth Circuit, Plaintiff Bonnie O’Daniel argues that the trial court wrongly concluded that it was unreasonable for O’Daniel to believe that a complaint about discrimination based on sexual orientation...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amicus Briefs Filed in Mohawk Tribe's Motion to Dismiss IPRs

In what everyone (including the Patent Trial and Appeal Board) considers an unprecedented administrative action, the PTAB late last year set our an order (Patent Trial and Appeal Board's Order, 2017 WL 5067421, P.T.A.B. Nov....more

Ballard Spahr LLP

Oklahoma files amicus brief in support of tribal lenders’ motion to dismiss CFPB lawsuit

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The State of Oklahoma has filed an amicus brief in support of the motion to dismiss filed by four online tribal lenders sued by the CFPB for alleged Consumer Financial Protection Act and Truth in Lending Act violations. The...more

Ballard Spahr LLP

CFPB files amicus brief in Eleventh Circuit ECOA case

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The CFPB has filed an amicus brief in Regions Bank v. Legal Outsource PA, a case on appeal to the Eleventh Circuit that involves two important issues under the Equal Credit Opportunity Act (ECOA): whether the ECOA provides a...more

Ballard Spahr LLP

CFPB files amicus brief in U.S. Supreme Court Article III standing case

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The CFPB, together with the DOJ, has filed a second amicus brief in Spokeo, Inc. v. Robins, the case pending before the U.S. Supreme Court in which the issue is whether a plaintiff who cannot show any actual harm from a...more

Littler

SEC Continues its Efforts to Make Dodd-Frank Whistleblowing Easier

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The Securities and Exchange Commission (SEC) recently issued interpretative guidance intended to advance the agency's position that a whistleblower is entitled to the anti-retaliation protections of the Dodd-Frank Wall Street...more

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